reglab/housing_qa huggingface dataset:
GA Code § 36-64-8 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-8. Petition for Recreation System; Provision of System on Governing Authority's Own Motion; Referendums on Issue of Special Tax and Millage Increase

  Whenever a petition signed by at least 10 percent of the qualified and registered voters in any municipality or county is filed in the office of the clerk of the municipality or county, requesting the governing body of the municipality or county to provide, establish, maintain, and conduct a supervised recreation system and to levy an annual tax on the taxable property within the municipality or county for the conduct and maintenance thereof, it shall be the duty of the governing body to appropriate funds for and to provide for the establishment, maintenance, and conduct of a supervised recreation system or, if the question of a special tax is raised by the petition, to cause the question of the establishment, maintenance, and conduct of such supervised recreation system to be submitted to the voters to be voted upon at the next general or special election of the municipality or county; provided, however, that such question shall not be voted upon at the next general or special election unless such petition has been filed at least 30 days prior to the date of such election.   In addition to the method provided in subsection (a) of this Code section, the governing authority of any municipality or county, upon its own motion, may appropriate funds for and provide for the establishment, maintenance, and conduct of a supervised recreation system or, if a special tax is necessary, upon its own motion may cause the question of the establishment, maintenance, and conduct of such supervised recreation system to be submitted to the voters to be voted upon at the next general or special election of the municipality or county, provided such motion has been made at least 30 days prior to the date of such election.   Nothing in this chapter shall permit the levying of a tax in excess of any limitation contained in a municipal charter or, with reference to a county, in excess of the authority set out by the Constitution and laws of this state; provided, however, that any municipality is authorized to levy a tax in excess of any limitation contained in its municipal charter if a referendum is held and a majority of the qualified voters of the municipality voting in such election vote in favor of the millage increase.    (Ga. L. 1923, p. 106, § 8; Code 1933, § 69-608; Ga. L. 1946, p. 152, § 8; Ga. L. 1953, p. 30, § 1; Ga. L. 1963, p. 553, § 1; Ga. L. 1964, p. 213, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 42 Am. Jur. 2d, Initiative and Referendum, §§ 1, 6, 7, 37 et seq. 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 514, 572. 70C Am. Jur. 2d, Special or Local Assessments, § 231. 71 Am. Jur. 2d, State and Local Taxation, §§ 95, 97, 98, 100.   C.J.S.   - 64A C.J.S., Municipal Corporations, § 2234 et seq.
GA Code § 36-64-9 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-9. Establishment of System With Tax Money Following Favorable Vote

 Upon the adoption of the proposition at an election conducted pursuant to Code Section 36-64-8, the governing body of the municipality or county, by resolution or ordinance, shall provide for the establishment, maintenance, and conduct of the supervised recreation system as they may deem it advisable and practicable to provide and maintain out of the tax money thus voted. The governing body, by appropriate resolution or ordinance, may designate the board or commission to be vested with the powers, duties, and obligations necessary for the establishment, maintenance, and conduct of such recreation system, as provided in this chapter.   (Ga. L. 1923, p. 106, § 9; Code 1933, § 69-609; Ga. L. 1946, p. 152, § 9.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 42 Am. Jur. 2d, Initiative and Referendum, § 49.
GA Code § 36-64-10 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-10. Levy and Collection of Recreation Tax

 The governing body of any municipality or county or school district adopting the provisions of this chapter at an election shall thereafter annually levy and collect a tax sufficient to provide for an adequate recreation program for the area specified, of not less than the minimum nor more than the maximum amount set out in the petition for the election, which tax shall be designated as the "recreation tax" and shall be levied and collected in the same manner as the general tax of the municipality, county, or school district.   (Ga. L. 1923, p. 106, § 10; Code 1933, § 69-610; Ga. L. 1946, p. 152, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 514. 59 Am. Jur. 2d, Parks, Squares, and Playgrounds, §§ 5, 6. 70C Am. Jur. 2d, Special or Local Assessments, §§ 25, 34. 71 Am. Jur. 2d, State and Local Taxation, §§ 47, 53.   C.J.S.   - 64A C.J.S., Municipal Corporations, §§ 2233 et seq., 2276, 2277, 2495.
GA Code § 36-64-11 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-11. Payment of Costs and Expenses of Recreation System; Control of Recreation Fund

 The cost and expense of the establishment, maintenance, and conduct of a supervised recreation system of parks, playgrounds, recreation centers, and other recreational facilities and activities shall be paid out of taxes or other money received for this purpose. The recreation board or commission or other authority in which is vested the power to provide, establish, conduct, and maintain a supervised recreation system and facilities shall have exclusive control of all moneys collected or donated to the credit of the "recreation fund."   (Ga. L. 1923, p. 106, § 11; Code 1933, § 69-611; Ga. L. 1946, p. 152, § 11.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 514.   C.J.S.   - 64A C.J.S., Municipal Corporations, §§ 2497, 2498.
GA Code § 36-64-12 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-12. Establishment, Maintenance, and Conduct of Recreation System Not Mandatory

 Notwithstanding any other provision of this chapter, it shall not be mandatory that a municipality or county establish, maintain, or conduct a recreation system.   (Ga. L. 1963, p. 553, § 2.)
GA Code § 36-64-13 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-13. Applicability of Chapter Generally

 This chapter shall apply to all counties and municipalities in this state.   (Ga. L. 1923, p. 106, § 1; Code 1933, § 69-601; Ga. L. 1946, p. 152, § 1.)   RESEARCH REFERENCES   ALR.    - Statutes relating to establishment or administration of parks, as encroachment on right of local self-government, 88 A.L.R. 228.
GA Code § 36-64-14 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-14. Applicability of Chapter to Recreation and Playground Commissions, Boards, and Systems Created by Special Acts of General Assembly

 This chapter shall not apply to recreation or playground commissions, boards, or systems which are created by special Acts of the General Assembly.   (Ga. L. 1923, p. 106, § 11a; Code 1933, § 69-612; Ga. L. 1946, p. 152, § 11A.)
GA Code § 36-64-15 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-15. Removal of Minimum or Maximum Recreation Tax by Municipality or County

  If a municipality or county has adopted the provisions of this chapter at an election, thereby establishing a minimum recreation tax, a maximum recreation tax, or a minimum and maximum recreation tax, then such minimum or maximum or both may be removed as provided in this Code section.   In order to so remove the minimum or maximum or both, the governing body of the municipality or county shall adopt a resolution to that effect, subject to approval by a majority of the voters of the municipality or county at the next general or special election of the municipality or county which is held more than 45 days after the date of the adoption of the resolution by the governing body. Such resolution shall specify the ballot language to be used in presenting the question and the governing body shall provide a copy of the resolution to the appropriate election officials. If a majority of the voters voting on the question of removal vote in favor, the minimum or maximum or both shall be removed as presented to the voters.   Where a minimum or maximum or both has or have been removed as authorized by this Code section, the amount of municipal or county funding for the recreation system of the municipality or county shall thereafter be determined by the governing body of the municipality or county in its discretion; and the municipal or county governing body shall assume budgetary control over the recreation fund and any moneys therein.     (Code 1981, §36-64-15, enacted by Ga. L. 2008, p. 740, § 1/HB 1024.)
GA Code § 36-65-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 65 - Immunity From Antitrust Liability|§ 36-65-1. Statement of Policy

 It is declared by the General Assembly of Georgia that in the exercise of powers specifically granted to them by law, local governing authorities of cities and counties are acting pursuant to state policy.    (Code 1981, §36-19-1, enacted by Ga. L. 1984, p. 1337, § 1; Code 1981, §36-65-1, as redesignated by Ga. L. 1985, p. 149, § 36.)
GA Code § 36-65-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 65 - Immunity From Antitrust Liability|§ 36-65-2. Immunity of Local Governments From Antitrust Liability

 This chapter is intended to articulate clearly and express affirmatively the policy of the State of Georgia that in the exercise of such powers, such local governing authorities shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia.    (Code 1981, §36-19-2, enacted by Ga. L. 1984, p. 1337, § 1; Code 1981, §36-65-2, as redesignated by Ga. L. 1985, p. 149, § 36.)
GA Code § 36-66-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 66 - Zoning Procedures|§ 36-66-2. Legislative Purpose; Local Government Zoning Powers

  While recognizing and confirming the authority of local governments to exercise zoning power within their respective territorial boundaries, it is the intention of this chapter to establish as state policy minimum procedures governing the exercise of that power. The purpose of these minimum procedures is to assure that due process is afforded to the general public when local governments regulate the uses of property through the exercise of the zoning power. Nothing in this chapter shall be construed to invalidate any zoning decision made by a local government prior to January 1, 1986, or to require a local government to exercise its zoning power.   Consistent with the minimum procedures required by this chapter, local governments may:   Provide by ordinance or resolution for such administrative officers, bodies, or agencies as may be expedient for the efficient exercise of their zoning powers; and   Provide by ordinance or resolution for procedures and requirements in addition to or supplemental to those required by this chapter.       (Code 1981, §36-66-2, enacted by Ga. L. 1985, p. 1139, § 1.)
GA Code § 36-66-5 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 66 - Zoning Procedures|§ 36-66-5. Adoption of Hearing Policies and Procedures and Standards for Exercise of Zoning Power

  Local governments shall adopt policies and procedures which govern calling and conducting hearings required by Code Section 36-66-4, and printed copies of such policies and procedures shall be available for distribution to the general public. Such policies and procedures shall specify a minimum time period at hearings on proposed zoning decisions for presentation of data, evidence, and opinion by proponents of each zoning decision and an equal minimum time period for presentation by opponents of each proposed zoning decision, such minimum time period to be no less than ten minutes per side.   In addition to policies and procedures required by subsection (a) of this Code section, each local government shall adopt standards governing the exercise of the zoning power, and such standards may include any factors which the local government finds relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property. Such standards shall be printed and copies thereof shall be available for distribution to the general public.   The policies and procedures required by subsection (a) of this Code section and the adoption of standards required by subsection (b) of this Code section may be included in and adopted as part of the zoning ordinance.Prior to the adoption of any zoning ordinance enacted on or after January 1, 1986, a local government shall conduct a public hearing on a proposed action which may be advertised and held concurrent with the hearing required by subsection (a) of Code Section 36-66-4 for the adoption of a zoning ordinance.The provisions of subsection (a) of Code Section 36-66-4 relating to notices of public hearings for the purposes of that subsection shall also apply to public hearings required by this subsection.     (Code 1981, §36-66-5, enacted by Ga. L. 1985, p. 1139, § 1; Ga. L. 1993, p. 806, § 2; Ga. L. 1996, p. 317, § 1.)   Law reviews.   - For comment, "Judicial Review of Zoning Ordinances in Georgia: The Court's Role in Land Use Planning," see 41 Mercer L. Rev. 1469 (1990).   JUDICIAL DECISIONS   Notice of hearing.    - County Planning Commission had the authority to conduct public hearings on applications for conditional use permits; the commission's notice of this hearing complied with O.C.G.A. § 36-66-4(a), Pickens County Code of Ordinances § 67-15, Appendix A, §§ 9.0, 14, and an additional notice was not required when the Board of Commissioners voted on the Planning Commission's recommendation.    Cited in Pinnell v. Kight, 245 Ga. App. 299, 537 S.E.2d 170 (2000).
GA Code § 36-66-6 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 66 - Zoning Procedures|§ 36-66-6. Investigations and Recommendations of Planning Department Regarding Land Near Military Installation

  In any local government which has established a planning department or other similar agency charged with the duty of reviewing zoning proposals, such planning department or other agency shall with respect to each proposed zoning decision involving land that is adjacent to or within 3,000 feet of any military base or military installation or within the 3,000 foot Clear Zone and Accident Prevention Zones Numbers I and II as prescribed in the definition of an Air Installation Compatible Use Zone of a military airport investigate and make a recommendation with respect to each of the matters enumerated in subsection (b) of this Code section, in addition to any other duties with which the planning department or agency is charged by the local government. The planning department or other agency shall request from the commander of such military base, military installation, or military airport a written recommendation and supporting facts relating to the use of the land being considered in the proposed zoning decision at least 30 days prior to the hearing required by subsection (a) of Code Section 36-66-4. If the base commander does not submit a response to such request by the date of the public hearing, there shall be a presumption that the proposed zoning decision will not have any adverse effect relative to the matters specified in subsection (b) of this Code section. Any such information provided shall become a part of the public record.   The matters with which the planning department or agency shall be required to make such investigation and recommendation shall be:   Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent or nearby property within 3,000 feet of a military base, military installation, or military airport;   Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of a military base, military installation, or military airport;   Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;   Whether the zoning proposal will result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools due to the use of nearby property as a military base, military installation, or military airport;   If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan; and   Whether there are other existing or changing conditions affecting the use of the nearby property as a military base, military installation, or military airport which give supporting grounds for either approval or disapproval of the zoning proposal.       (Code 1981, §36-66-6, enacted by Ga. L. 2003, p. 581, § 1.)
GA Code § 36-66A-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 66A - Transfer of Development Rights|§ 36-66A-1. Definitions

 As used in this chapter, the term:    "Development rights" means the development that would be allowed on the sending property under any comprehensive or specific plan or local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ratio, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section.   "Person" means any natural person, corporation, partnership, trust, foundation, nonprofit agency, or other legal entity.   "Receiving area" means an area identified by an ordinance as an area authorized to receive development rights transferred from a sending area.   "Receiving property" means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic, or social impact to the receiving property or to neighboring property.   "Sending area" means an area identified by an ordinance as an area from which development rights are authorized to be transferred to a receiving area.   "Sending property" means a lot or parcel with special characteristics, including farm land; woodland; desert land; mountain land; a flood plain; natural habitats; wetlands; ground-water recharge area; marsh hammocks; recreation areas or parkland, including golf course areas; or land that has unique esthetic, architectural, or historic value that a municipality or county desires to protect from future development.   "Transfer of development rights" means the process by which development rights from a sending property are affixed to one or more receiving properties.   "Transfer ratio" means the ratio of the number of development rights that may be allocated to and transferred from a lot or parcel in a sending area to the number of development credits that may be allocated to and used upon a lot or parcel in a receiving area.     (Code 1981, §36-66A-1, enacted by Ga. L. 1998, p. 1678, § 1; Ga. L. 2001, p. 1219, § 2; Ga. L. 2003, p. 859, § 1; Ga. L. 2008, p. 1029, § 1/HB 1160; Ga. L. 2012, p. 775, § 36/HB 942.)   Editor's notes.   - Ga. L. 2008, p. 1029, § 3/HB 1160, not codified by the General Assembly, provides that the amendment to this Code section shall apply to transfers of development rights executed on or after July 1, 2008.   Law reviews.   - For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For note on the 2003 amendment to this Code section, see 20 Ga. St. U. L. Rev. 192 (2003).
GA Code § 36-66B-1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 66B - Mobile Broadband Infrastructure Leads to Development|§ 36-66B-1. Short Title

 This chapter shall be known and may be cited as the "Mobile Broadband Infrastructure Leads to Development (BILD) Act."    (Code 1981, §36-66B-1, enacted by Ga. L. 2010, p. 328, § 1/SB 432; Ga. L. 2014, p. 413, § 1/HB 176.)
GA Code § 36-66B-2 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 66B - Mobile Broadband Infrastructure Leads to Development|§ 36-66B-2. Legislative Findings and Intent

  The General Assembly finds that the enactment of this chapter is necessary to:   Ensure the safe and efficient integration of facilities necessary for the provision of broadband and other advanced wireless communication services throughout this state;   Ensure the ready availability of reliable wireless communication services to the public to support personal communications, economic development, and the general welfare;   Encourage where feasible the modification or collocation of wireless facilities on existing wireless support structures over the construction of new wireless support structures in the deployment or expansion of commercial wireless networks; and   Allow the deployment of critical wireless infrastructure to ensure that first responders can provide for the health and safety of all residents of Georgia.     While recognizing and confirming the purview of local governments to exercise zoning, land use, and permitting authority within their territorial boundaries with regard to the location, construction, and modification of wireless communication facilities, it is the intent of this chapter to establish procedural standards for the exercise of such authority so as to streamline and facilitate the construction, collocation, or modification of such facilities, including the placement of new or additional wireless facilities on existing wireless support structures. It is not the intent of this chapter to limit or preempt the scope of a local government's review of zoning, land use, or permitting applications for the siting of wireless facilities or wireless support structures or to require a local government to exercise its zoning power.     (Code 1981, §36-66B-2, enacted by Ga. L. 2010, p. 328, § 1/SB 432; Ga. L. 2014, p. 413, § 1/HB 176.)