We granted certiorari to consider the important question whether a zoning board of appeals has jurisdiction to entertain an apрeal from a decision of a planning commission under Code Ann. § 69-1211. The Court of Appeals in
Royal Atlanta Development Corp. v. Staffieri,
Royal Atlanta Development Corp. owned about 130 acres in Gwinnett County on which it hoped to construсt a "planned unit development” of homes and condominiums, along with shopping and recreational facilities, to be called Smokestоne. It therefore applied for and received initial approval of its plans from the Municipal-Gwinnett County Planning Commission, as required by the 1970 Gwinnett County Zoning Resolution. Plaintiffs, adjacent landowners, claiming to be "persons aggrieved” by this approval, appealed to the Zoning Boаrd of Appeals. The latter, however, dismissed the appeal on the basis that it *144 had no jurisdiction to entertain appeals from the Planning Commission under either the enabling statute or the Gwinnett Resolution, and further, that the plaintiffs had no standing to prosecute such an appeal.
Plaintiffs appealed to the Gwinnett Superior Court, which reversed on both the jurisdiction and standing issues, and remanded the case to the Zoning Board of Appeals for its consideration on the merits. Royal Atlanta and the Planning Commission appealed the superior court’s ruling to the Court of Appeals, which also found that the Zoning Board of Appeals had jurisdiction to hear appeals from the Planning Commission. It, however, reversed аnd remanded for further findings on the standing issue holding that the plaintiffs had to show special damages to be "aggrieved” under the statute, and also held that sinсe the trial court hearing was de novo, it had improperly remanded the case to the Zoning Board of Appeals. Royal Atlanta and the Planning Commission applied for certiorari to this court. Since we are reversing the Court of Appeals and the trial court on the jurisdiction issue, we do not reach, and therefore express no opinion on , the other rulings of these courts.
Code Ann. Ch. 69-12 is a comprehensive scheme for establishing and maintaining a master zoning plan
1
to promote the general welfare, efficiency and economy of the adopting political jurisdiction.
2
Code Ann. § 69-1203. Under its provisions, the zoning power clearly lies with the governing authority.
3
Code Ann. § 69-1207 (Supp.
*145
1975);
Morgan v. Thomas,
Code Ann. § 69-1211 provides that the governing authority, in addition to establishing a planning commission, may сreate a board of zoning appeals. See
Morgan v. Cherokee Hills Development Co.,
Wе do not disagree that the Planning Commission may, in some instances, be considered an administrative official. However, we cannot agree that the approval of a planned unit development scheme by the Planning Commission is an enforcement decision.
Code Ann. § 69-1212 states that the "gоverning authority of the municipality or county may provide for the enforcement of any ordinance or resolution adopted pursuant tо the provisions of this Chapter by means of the withholding of building permits and occupancy permits, and for such purpose may establish and fill the position of building inspector. . .”
4
See
Jackson v. Abercrombie,
Furthermore, the 1970 Gwinnett County Zoning Resolution, § 1605, provides that the Gwinnett County Zoning Board of Appeals has the power to "hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the Chief Building Inspector in the enforcement of this Zoning Resolution.” (Emphasis supplied.) The Resolution itself thus restriсts the jurisdiction of the Zoning Board of Appeals to decisions by the Chief Building Inspector. The Gwinnett County Zoning Board of Appeals, therefore, properly dismissed the plaintiffs’ appeal from the approval of Royal Atlanta’s application to establish a planned unit development by the Planning Commission. We accordingly reverse.
Judgment reversed.
Notes
Other zoning procedures may be established at the discretion of the local govеrning authority. See e.g. Code Ann. Ch. 69-8.
The planning commission zoning scheme may be adopted by a county or by a municipality. Also, any two or more counties or municipalities, or any combination thereof, may establish a joint planning commission. Code Ann. § 69-1201.
"The generally accepted meaning of the phrase 'governing authority’ ... in reference to the operation of city or county governments, is a council or board perfоrming legislative functions.”
Humthlett v. Reeves,
The Code also provides that any violation of the zoning ordinances is punishable as a misdemeanor, as is recording a plat without approval of the Planning Commission. Code Ann. §§ 69-9904 and 69-9905.