13.1.1 Definition: "Amendment" as used in this section means a change in the text of the zoning ordinance or a change in the official zoning map(s) of the county or a conditional use authorized by a zoning decision made only after compliance with the procedures set forth in this Section.

1.

A proposed amendment to the text may be initiated by the planning commission or may be submitted to the planning commission by the county commission or by any person who owns property within the zoning jurisdiction of the county. Unless initiated by the county commission or by the planning commission, all proposed map amendments shall be submitted by the owner of such property or the authorized agent of the owner. An authorized agent shall have written authorization from the property owner, and such authorization shall be notarized and attached to the application.

2.

A proposed amendment to the map affecting the same property or a conditional use shall not be submitted more than once every 24 months, said interval to begin with the date of final decision by the County Commission. The County Commission may, in its discretion, reduce or waive the 24-month interval between applications for proposed amendments to the zoning map affecting the same property; however, in the case of an application for a proposed amendment to the zoning map(s) which was defeated by the County Commission, there shall be at least a six-month interval between the defeated application and the subsequent application affecting the same property. The 24-month interval shall not apply to applications for proposed amendments initiated by the County Commission, in which case the interval required before a subsequent application may be filed shall be at least (6) months. An application to amend zoning conditions may be submitted at any time.

13.1.2 Initiation of Amendments: Each proposed amendment to the text, to the official zoning map or a conditional use shall be initiated by filing an application with the building inspection/zoning administration office. Applications for proposed amendments shall include at least the following information in addition to any other information required by the building inspection/zoning office:

1.

Applications for proposed amendments to the text shall include the following information:

a.

Name and address of the applicant;

b.

Current provisions of the text to be affected by the proposed amendment;

c.

Proposed wording of the proposed amendment to the text; and

d.

Reason for proposed amendment.

2.

Applications for proposed amendments to the zoning maps or a conditional use shall include the following:

a.

Name and address of the applicant(s);

b.

A legal description of the tract(s) proposed to be rezoned;

c.

A copy of a plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract(s) prepared by an engineer, or land surveyor, whose state registration is current and valid. The engineer or land surveyor's seal shall be affixed to the plat;

d.

The present and proposed zoning district conditional use for the tract(s);

e.

Existing intermediate floodplain areas;

f.

The names and addresses of the owner(s) of the land and of the agent(s) for the owners if any; and

g.

The map and parcel number identified on the Tax Assessors map.

3.

An applicant shall not be permitted to withdraw an application for a proposed amendment after the legal advertising for said proposed shall have first appeared.

4.

Applications for proposed amendments shall be submitted in accordance with a schedule adopted annually by the County Commission. Said schedule shall provide that each application for a proposed amendment shall be submitted at least 50 days prior to the date on which it is to be considered by the County Commission. A fee shall not be charged for proposed amendments initiated by members of the County Commission or by members of the planning commission when acting as agents of the governing authority.

5.

An applicant may file site plans, renderings, construction specifications, written development restrictions and other zoning conditions which the applicant proposes as building restrictions upon the development and use of the property that is the subject of the proposed amendment. However, any such zoning conditions shall be filed with the building inspection/zoning administration office at least seven (7) days prior to the public hearing before the County Commission. If any such zoning conditions are proposed by an applicant and have not been filed as required by this subsection, the County Commission, at the time of the public hearing on the proposed amendment, shall defer any action on such proposed amendment to a specific meeting date. The date designated for action on the proposed amendment shall be set at a time which is sufficient to allow the applicant to comply with the filing requirements of this subsection.

13.1.3 Public Notification:

1.

Legal Notice: Notice of public hearing before the planning commission and the County Commission as required by this section shall be published within a newspaper of general circulation within the county and shall state the time, place and purpose of the hearing and shall also include the location of property that is the subject of the zoning action, the present zoning district of said property, and the proposed zoning district of said property or conditional use applied for. Such notice shall be published at least 15, but not more than 45 days prior to the date of the hearing.

2.

Sign Posted: Where application is made for a proposed amendment to the zoning map(s), the applicant shall post, the same day an application is made, in a conspicuous place on the property for which application for a proposed amendment has been submitted, one (1) white sign not less than nine (9) square feet, containing the following information in three inch black letters; name of applicant or owner, present zoning district, proposed zoning district, date, time, and location of public hearings of the Georgetown-Quitman County Planning Commission and the Unified Government of Georgetown-Quitman County.

3.

Letters to Abutting Property Owners: Where application is made for a proposed amendment to the zoning map(s), the building inspection/zoning administration office shall notify, by regular mail, the owners, as shown by Quitman County tax records, of property that abuts the property that is the subject of the proposed amendment. Such notice shall be mailed at least 15 days prior to the date of the planning commission public hearing and shall include a description of the proposed amendment and the dates, times, and places of the public hearings before the planning commission and the county commission.

13.1.4 Public Hearing Procedures: Whenever a public hearing is required by these ordinances or by state law prior to a zoning decision, such public hearing, whether conducted by the county commission or the planning commission, shall be conducted in accordance with the following procedures:

1.

The public hearing shall be called to order by the presiding officer.

2.

The presiding officer shall explain the procedures to be followed in the conduct of the public hearing.

3.

If the subject of the hearing is a zoning decision initiated by a petitioner other than the County Commission, the petitioner requesting such zoning decision, or the petitioner's agent, shall be recognized first and shall be permitted to present and explain the request for the zoning decision. If the request for a zoning decision is initiated by the County Commission, all members of the County Commission shall be allowed to speak as they are recognized by the residing officer, regardless of whether such commission member speaks in favor of or in opposition to the proposed zoning decision. Thereafter, all individuals who so desire, shall be permitted to speak in favor of the zoning decision.

4.

After all individuals have had an opportunity to speak in accordance with Paragraph 3 above, those individuals present at the public hearing who wish to speak in opposition to the requested zoning decision shall have an opportunity to speak.

5.

When any person wishes to speak at a public hearing, he shall raise his hand and, after being recognized by the presiding officer, shall stand and give his name, address, and make any comment appropriate to the proposed zoning decision.

6.

Any person speaking at a public hearing shall follow state law, which allows for an equal time period presentation by proponents and opponents of each proposed zoning decision. Such minimum time period to be no less than ten minutes per side, but all speakers are urged to make their comments brief and avoid repeating other comments.

7.

In the case of an application for a proposed amendment to the zoning ordinance text, map(s) or a conditional use, the applicant shall have an opportunity, after all comments in opposition have been made, to make summary remarks concerning the proposed zoning decision.

8.

Thereafter, the presiding officer shall announce that the public hearing for the requested zoning decision is closed. The planning commission shall then convene its business session to consider the proposed amendment and shall, at that time, take action on its recommendation to the County Commission. At the close of the public hearing before the County Commission, the Commission shall immediately convene its business session and consider the recommendation for the zoning decision and take action on the proposed amendment.

13.1.5 Planning Commission Public Hearing and Action:

1.

All applications for proposed amendments shall be reviewed by the planning commission in a public hearing in accordance with the procedures set forth in Section 12.1.4.

2.

The planning commission shall review and consider a recommendation to the County Commission with respect to the application for a proposed amendment. The planning commission may decide not to make a recommendation, or it may make any of the following recommendations with respect to an application for a proposed amendment: approval, denial, deferral, withdrawal, reduction of the land area for which the application is made, change of the zoning district requested, or imposition of zoning conditions. If no recommendation is decided by the planning commission, then it shall report to the County Commission that it makes no recommendation of the application.

3.

The planning commission shall submit its recommendation or report of no recommendation on an application for a proposed amendment to the County Commission prior to the scheduled public hearing in which the County Commission will consider the application for a zoning decision. If the planning commission fails to submit a recommendation or report prior to the public hearing, the planning commission's recommendation shall be deemed to be one of approval.

13.1.6 Georgetown-Quitman County Public Hearing and Action:

1.

Before taking action on a proposed amendment and after receipt of the planning commission recommendations or reports thereon, the County Commission shall hold a public hearing on the proposed amendment.

2.

So that the purpose of this Zoning Ordinance will be served and so that health, public safety and general welfare will be secured, the County Commission in its decision on the application for a proposed amendment may, in its legislative discretion, approve or deny the application for proposed amendment as submitted, defer a decision until a specific meeting date, require applicant to file a site plan or other plans regarding the project development and defer action to a later meeting date, or allow a withdrawal of the application by the applicant, if requested. The County Commission shall determine whether the withdrawal shall be subject to the 24-month interval before refilling. The County Commission may also require that the land area for such application for proposed amendment is made be reduced, that the zoning district be changed to one other than that requested, or the zoning conditions be added or deleted, as the council deems appropriate.

13.1.7 Zoning Standards: Whenever this county shall exercise its zoning power, the following standards are considered relevant in balancing the county's interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property:

1.

Whether the zoning decision will permit a use that is suitable in view of the use and development of adjacent or nearby property;

2.

Whether the zoning decision will adversely affect the existing use of adjacent or nearby property;

3.

Whether the property affected by the zoning decision has a reasonable economic use as currently zoned;

4.

Whether the zoning decision will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

5.

Whether the zoning decision conforms with the policy and intent of an adopted land use plan; and

6.

Whether other conditions exist that affect the use and development of the property in question and support either approval or denial of the zoning decision.

13.2.1 Minor Alterations Approval: The county inspector or designated agent shall have the authority to approve the following minor alterations of zoning conditions provided such alterations would not change the purpose intended for such zoning condition and would not adversely affect county services or other property.

1.

Building relocation setbacks, curb cut relocation, and traffic circulation changes due to topographic, environmental, or other design factors;

2.

Parking design; and

3.

Utility relocation.

13.2.2 Amendments of Zoning Conditions: An owner of property or his authorized agent may file an application to amend any zoning conditions which have been made a part of a zoning decision by the County Commission if such changes requested cannot be effected under the provisions of Section 12.2.1. Such application shall be processed in accordance with the same procedures as those required for applications for proposed amendments to the zoning maps as provided in Section 1.1. of Article XII.

Fees for appeals and applications for amendments to this Ordinance shall be established as follows and shall be payable prior to action by respective bodies.

13.4.1 Interpretation: In the interpretation and application of the Zoning Ordinance of the Unified Government of Georgetown-Quitman County, Georgia, the provisions shall be considered minimum requirements adopted for the promotion of the public health, safety, morals, and general welfare of the citizens of the Unified Government of Georgetown-Quitman County. Where the provisions of this Ordinance require or impose more restrictive standards than are required by any other ordinance or law, the provisions of this Ordinance shall control. Where the provisions of any other ordinance or law require more restrictive standards than are required by this Ordinance, the provisions of such other ordinance or law shall control.

13.4.2 Saving Clause: If any section, clause, provision, or portion of this Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of this Ordinance which is not in and of itself invalid or unconstitutional.

13.4.3 Repeal of Conflicting Ordinances: All ordinances or parts of any ordinance in conflict with any of the provisions of the Zoning Ordinance of the Unified Government of Georgetown-Quitman County, Georgia are hereby repealed.

13.4.4. Effective Date: Adopted and approved by the Unified Government of Georgetown-Quitman County after a public hearing held on the ___ day of ___________ 2008. This ordinance shall take effect on the ____ day of _________, 2008.