The provisions of these regulations shall be administered by the zoning administrator.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2008-2, Exh. A, 2-18-08)

Before enacting the zoning ordinance the governing body shall hold a public hearing thereon, at least 15 but not more than 45 days' notice of which shall be published in the legal county organ, which said notice shall state the time, place and purpose of the hearing. No change in, or departure from the text or maps, as certified by the planning commission, shall be made unless such change or departure be first submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30-day period, the governing body may proceed without the recommendation of the planning commission.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2008-2, Exh. A, 2-18-08)

1.

Role of the planning commission. The zoning ordinance and the zoning maps may be amended by the governing body from time to time. No amendment shall become effective unless it shall have been proposed by, or shall have been submitted to, the planning commission for review or recommendation. The planning commission shall have 30 days within which to submit its report, said 30 days being measured from the date of the public hearing before the governing body. The recommendation of the planning commission shall be submitted by the secretary of the planning commission to the governing body. If the planning commission fails to submit a report within the 30-day period, the governing body may proceed without the recommendation of the planning commission.

2.

Procedures and hearings.

a.

When taking action resulting in a zoning decision the governing body shall provide for a hearing on the proposed action. Where the proposed action includes any combination of zoning decisions under subparagraph (C), (E), or (F) of paragraph (4) of O.C.G.A. § 36-66-3 for the same property, only one hearing shall be required. At least 15 but not more than 45 days prior to the date of the hearing, the governing body shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.

b.

If a zoning decision is for the rezoning of property and the rezoning is initiated by a party other than the local government, then:

1.

The notice, in addition to the requirements of subsection a. of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

2.

A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing.

c.

When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under subparagraph (a) of O.C.G.A. § 36-66-4. The governing body shall give notice of such hearing by:

1.

Posting notice on the affected premises in the manner prescribed by subsection b. of this Code section; and

2.

Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

d.

Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision must be adopted in the following manner:

1.

The zoning decision shall be adopted at two regular meetings of the governing body, during a period of not less than 21 days apart; and

2.

Prior to the first meeting provided for in subparagraph (a) of O.C.G.A. § 36-66-4, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings must be held between the hours of 5:00 p.m. and 8:00 p.m. The hearings required by this paragraph shall be in addition to any hearing required under subparagraph (a) of O.C.G.A. § 36-66-4. The governing body shall give notice of such hearing by:

i.

Posting notice on each affected premises in the manner prescribed by subsection b. of this Code section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and

ii.

Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing.

3.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give blanket permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the governing body and in the office of the clerk of the superior court of Colquitt County for the purpose of examination and inspection by the public. The governing body shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost.

4.

The provisions of paragraph 1. of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of Colquitt County or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of Colquitt County to multifamily residential uses of property.

5.

This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property.

3.

Fees. The established fee for the submittal of an application to change the zoning classification of property shall be collected by the building official's department in advance of the legal advertisement of the application for rezoning. The amount of the fees for submittal of applications for rezoning shall be established by the governing body.

4.

Frequency of zoning applications. An application to change the zoning classification of property may be withdrawn at any time at the discretion of the individual initiating such a request for rezoning, upon the receipt of formal written notice to the governing body. No action for a change in the zoning classification of the same parcel of land shall be initiated by any person more than once every 12 months. Additionally, if the zoning decision of the governing body is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the governing body, then the same property may not again be considered for rezoning until the expiration of at least 12 months immediately following the defeat of the rezoning by the governing body.

5.

Amendment of the rezoning application. In acting on an application for a change in the zoning classification of property, neither the applicant nor the governing body shall alter either:

1.

The proposed new zoning district for the property; or

2.

The boundaries of the property proposed for rezoning.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2008-2, Exh. A, 2-18-08; Ord. No. 2023-ORD-7, §§ IV, V, 12-5-23)

Editor's note— Ord. No. 2023-ORD-7, § IV, adopted Dec. 5, 2023, amended the title of § 22.03 to read as herein set out. The former § 22.03 title pertained to amendments.

In hearing and acting upon applications, the governing body may also grant, in specific cases, such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will, in an individual case, result in unnecessary hardship so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the governing body that:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question and because of its size, shape, or topography; and,

2.

The application of these regulations to this particular piece of property would create an unnecessary hardship; and,

3.

Such conditions are peculiar to the particular piece of property involved; and,

4.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance. In exercising the above powers, the governing body may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken in relation to this ordinance, and may issue or direct the issuance of a permit.

A public hearing shall be conducted on all applications for variances. Notice of the public hearing shall be advertised in the legal county organ at least 15 days but no more than 45 days prior to the date of the public hearing and will state the date, time, place, and purpose of said public hearing. Additionally, the notice shall include the article and section that is being petitioned for relief, and the name and address of the applicant, unless the applicant is the governing body. A sign containing the same information set forth in the notice shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the public hearing.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2008-2, Exh. A, 2-18-08; Ord. No. 2010-2, § 1, Exh. A, 4-19-10)

Wherein the zoning ordinance there is delegated to the planning commission and county commission the function of establishing certain physical site improvements as a contingency to securing a zoning amendment, special use or variance, the planning commission or the county commission may, to insure strict compliance with any regulation contained herein or required as a condition of the issuance of a permit, require the permittee to furnish a performance or surety bond executed by a reputable surety company authorized to do business in the State of Georgia in an amount determined by the planning commission and county commission to be reasonably necessary to insure compliance hereunder; provided, however, that in fixing the amount of such performance or surety bond, the planning commission and county commission shall take into consideration the size and scope of the proposed improvement project, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel operator to comply to court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding such application. (Ord. No. 2006-5, § 1, 10-24-06)

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2008-2, Exh. A, 2-18-08)

In any zoning decision, and in the exercise of any quasi-judicial powers as defined by the Georgia Zoning Procedures Act, the governing body shall always balance the interest in promoting the public health, safety, morality, or general welfare of the citizens of the county against the right to the unrestricted use of property. Specifically, the governing body shall use and apply the following standards governing any exercise of zoning power, which said standards are deemed to be relevant factors in the balancing process:

a.

Existing uses and zoning of nearby property;

b.

The extent to which property values are diminished by the particular zoning restrictions;

c.

The extent to which the destruction of property values, resulting from the existing or proposed zoning of parcels, promotes the health, safety, morals, or general welfare of the public;

d.

The relative gain to the public, as compared to the hardship imposed upon the individual property owner, by the proposed zoning classification;

e.

The suitability of the subject classification;

f.

The length of time that the property has been vacant as zoned, considered in the context of land development in the vicinity of the property;

g.

Conformity with or divergence from any land use plan in existence at the time.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2008-2, Exh. A, 2-18-08; Ord. No. 2023-ORD-7, § II, 11-7-23)

1.

All challenges to or appeals from zoning decisions as described in article II of this zoning ordinance shall be brought within 30 days of the written decision of the challenged or appealed action.

2.

The county administrator or his or her designee shall have authority, without additional action of the governing body, to approve or issue any form or certificate necessary to perfect the petition described in O.C.G.A. Title 5 for review of lower judicatory bodies and upon whom service of such petition may be effected or accepted on behalf of the lower judicatory board or agency, during normal business hours, at the regular offices of Colquitt County; and

3.

An appeal or challenge by an opponent filed pursuant to O.C.G.A. Title 5 shall stay all legal proceedings in furtherance of the action appealed from or challenged, unless the county administrator or his or her designee certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such actions, the applicant for the zoning decision or the quasi-judicial decision shall be a necessary party and shall be named as a defendant in the action and served in accordance with the requirements of [O.C.G.A.] Title 5 or Title 9, as appropriate.

(Ord. No. 2008-2, Exh. A, 2-18-08; Ord. No. 2023-ORD-7, § III, 11-7-23)