Article 3.0 Application and Review Procedures

Article 3.0 Application and Review Procedures

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.1 Purpose 3-3-1 Article 3.0 Application and Review Procedures Sec. 3.1 Purpose The purpose of this Article is to provide the procedures and general standards for review of development, development activity and other applications that are submitted to administrators or bodies the City of Savannah and/or the Metropolitan Planning Commission for review under this Ordinance. Unless otherwise provided in this Ordinance, the Planning Director shall establish detailed procedures for development review, including the following: a.

dates and deadlines for submitting applications; b. application forms; c. required documents and information to accompany application forms; d. completeness review; e. neighborhood meeting requirements; f. public notice; g. approval of applications or a recommendation for consideration at a public meeting or hearing; and h. such other actions as may be needed to provide development review in an objective, timely and thorough manner.

3.1.2 Application Requirements The requirements of this Section shall apply to all development applications unless otherwise provided in this Ordinance. 3.1.3 Pre-application Conference Before submitting an application for development approval, an applicant may schedule a preapplication conference with the Planning Director to discuss procedures, standards and regulations required for approval in accordance with this Ordinance. A mandatory pre-application meeting conference is required for the following applications and where specified elsewhere in this Ordinance: a. Comprehensive Plan Text Amendment; b.

Rezoning (Map Amendment); c. Rezoning, Planned Development District; d. Zoning Text Amendment; e. Planning Commission Development Plan Review (Variance requested); g. Special Use Permit; h. Special Exception; i. Local Historic District Designation; j. Local Historic Property Designation; k. Amendment to Local Historic District Contributing Resources Map or Height Map; l. Certificate of Appropriateness for Local Historic District (Variance requested); m. Variance (Zoning Board of Appeals); and n. Relief for Nonconforming Use.

Article 3.0 Application and Review Procedures

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 0 Once an application has been deemed to be complete,the appropriate reviewing authority shall transittransmitthe application to the Planning Commission for review and recommendation. 3-3-2 3.1.4 Forms and Fees a. Applications required under this Ordinance shall be submitted on forms approved by the Planning Director. b. All applications and associated fees shall be filed as specified on the application. c. All fees associated with a review must be paid in full before any application will be processed or reviewed.

i. Filing fees are established and reviewed periodically to defray the cost of processing the application. Fees shall be adopted by the Mayor and Aldermen. ii. An applicant who has paid the appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to its distribution for review will be entitled to a refund of the total amount paid, less 10% for administrative costs, upon written request to the appropriate department. Once review has begun, no refunds are available. 3.1.5 Determination of Completeness a. Completeness Determination Applications will be submitted to the appropriate reviewing authority and checked for completeness within five (5) working days of submittal.

An application is determined to be complete if all required information and documents have been prepared in accordance with the specific application requirements outlined in this Article and professionally accepted standards. b. Complete Application Once an application has been deemed to be complete, the appropriate reviewing authority shall transit transmit the application to the Planning Commission for review and recommendation. If an application requires a public meeting or hearing, the application shall be placed on the next available agenda of the appropriate reviewing body and the applicant notified in writing of the date, time and place of the meeting or hearing.

c. Effect of Incomplete Application Incomplete applications will not be accepted for review. If an application is determined incomplete, the applicant shall be notified in writing of the additional information that is required to process and review the application. 3.1.6 Application Deadline Applications deemed complete for processing and review shall be submitted in accordance with the published calendar schedule. Schedules indicating submittal dates shall be developed each year and made available to the public.

3.1.7 Concurrent Applications Related applications may be filed and reviewed simultaneously.

Applications submitted simultaneously are subject to individual approval. Any application that is contingent upon the

Article 3.0 Application and Review Procedures

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 0 If an application requires a public meeting or hearing, the application shall be placed on the next available agenda of the appropriate reviewing bodyand the applicantnotified in writing of the date, time and place of the meeting or hearing. 3-3-3 approval of another application shall not be eligible for final approval until the contingent application is approved. 3.1.8 Application Withdrawals, Deferrals and Continuances Applications may be withdrawn, deferred or continued in accordance with the following procedures: a.

Withdrawals i. The applicant may withdraw an application at any time prior to the final written decision on said application.

ii. The request to withdraw an application must be made in writing to the appropriate review authority. iii. If a request to withdraw an application is made in a public meeting or hearing, the applicant shall be responsible for submitting the request in writing to the appropriate reviewing authority within three (3) business days. b. Deferrals at the Request of the Applicant i. The applicant may request a deferral to a later meeting or hearing at any time prior to the close of business the day before the scheduled public meeting or hearing. ii. The applicant must request a deferral to a date certain within 90 days of the originally scheduled public meeting or hearing.

iii. The applicant may defer consideration of an application scheduled for consideration at a public meeting or hearing only twice. After two (2) deferrals, the application shall notify the appropriate reviewing authority to be heard at the next regularly scheduled meeting or the application shall be considered withdrawn. An application shall be deemed withdrawn if a third deferral is requested. iv. Any request to defer the review of an application scheduled for consideration at a public meeting or hearing must be made in writing to the appropriate reviewing authority. v. If the request to defer the review of an application at a the public meeting or hearing is made after public notification has already occurred, the request for deferral shall be treated as a request for a Continuance by the Reviewing Authority pursuant to the following subsection.

c. Continuances by the Reviewing Authority i. Review Authorities Not Including the Historic Preservation Commission The Mayor and Aldermen, Planning Commission, Savannah Downtown Historic Board of Review and Zoning Board of Appeals shall have the authority to defer review of an application continue scheduled for public meetings or hearings to a date certain. At the public meeting or hearing, an applicant may request a continuance deferral to a date certain within 90 days of the originally scheduled public meeting or hearing. The date of the continued hearing shall be announced at the public meeting or hearing.

ii. Historic PreservationCommission Only Pursuant to O.C.G.A, §44-10-21 (“Historic Preservation Act”), or as amended, the Historic Preservation Commission shall have the authority to continue defer review of an application at a public meetings and hearings provided that the applicant requests a deferral or

Article 3.0 Application and Review Procedures

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 0 If an application requires a public meeting or hearing, the application shall be placed on the next available agenda of the appropriate reviewing bodyand the applicantnotified in writing of the date, time and place of the meeting or hearing. 3-3-4 otherwise consents to such continuance deferral. If a date certain has not been specified at the time a deferral is proposed, the deferred application shall be scheduled for the next regularly scheduled meeting or hearing. or requests such continuance.

The date of the continued hearing shall be announced at the public meeting or hearing.

Article 3.0 Application and Review Procedures

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.2 Public Notice 3-3-5 Sec. 3.2 Public Notice 3.2.1 Applicability All meetings or hearings of the Mayor and Aldermen and the Planning Commission which involve rezonings, zoning map amendments, zoning text amendments and special use permits are public and are subject to notification requirements under the State Zoning Procedures Law, O.C.G.A Chapter §36-66-1 et seq. where applicable. All meetings or hearings of the Mayor and Aldermen, Historic Preservation Commission and the Savannah Downtown Historic District Board of Review which involve historic designations and certificates of appropriateness are public and subject to notification requirements of the State Historic Preservation Act.

Consult Table 3.2-1 below for proposal types and notification type required.

3.2.2 Types of Public Notice a. Forms of notice required for public meetings and hearings may include mailed notice, published notice provided via a newspaper of general circulation and posted notice by signs as described within this Section. Public notice requirements for development applications are generally indicated in Table 3.2-1 below. b. Neighborhood meetings, in accordance with Sec. 3.2.7, require additional notice to the public. c. For applications that require a public meeting followed by a public hearing, such as a Planning Commission recommendation followed by a Governing Body decision, any required mailed, published or posted notice for the public meeting must be repeated for the public hearing unless otherwise specified by this Ordinance.

Article 3.0 Application and Review Procedures

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.2 Public Notice 3-3-6 Table 3.2-1: Types of Required Public Notice for Applications Proposal Mailed Posted Published Neighborhood Meeting Public Meeting Public Hearing DevelopmentofRegional Impact(DRI) n/a n/a n/a n/a n/a Comprehensive Plan Text Amendment n/a n/a n/a  n/a Comprehensive Plan Map Amendment   n/a  n/a Rezoning (Map Amendment  n/a   Rezoning,Planned DevelopmentDistrict   n/a   Zoning Text Amendment n/a n/a n/a  n/a Planning Commission Development Plan Review (No Variance)  n/a n/a n/a  n/a Planning Commission Development Plan Review (Variance requested)[1]  n/a  Traffic ImpactAnalysis n/a n/a n/a n/a n/a Special Use Permit   n/a   n/a TemporaryUse Permit n/a n/a n/a n/a n/a Special Exceptions  n/a n/a Home Occupation Permit n/a n/a n/a n/a n/a Wireless Communications Facility See Sec.

8.9, Wireless Communications Facilities Sign Permit n/a n/a n/a n/a n/a Local Historic DistrictDesignation [1  n/a   Local Historic Property Designation  n/a n/a  n/a Amendment to a Local Historic District Contributing Resources Map or Height Map  n/a n/a  n/a Certificate of Appropriateness for Local Historic Districts (No Variance) n/a  n/a n/a n/a Certificate of Appropriateness for Local Historic Districts (Variance requested)  n/a n/a Proactive Preservation  n/a n/a n/a n/a Administrative Adjustment n/a n/a n/a n/a n/a Variance (Zoning Board of Appeals  n/a  n/a Appeals See Sec.

3.26.6  n/a  n/a Relieffor Nonconforming Uses  n/a n/a [1] Variances from the standards of the City of Savannah Subdivision Regulations, Savannah City Code, Part 8, Chapter 2 shall be reviewed by the Savannah Zoning Board of Appeals. 3.2.3 Content of Mailed and Published Notices All mailed and published notices shall include, at a minimum, the information listed below. For text amendments, Sec. 3.2.3 d. thru g. shall not be required as such amendments are not property specific. In the adoption of this Ordinance, any amendment to this Ordinance, and any amendments to any zoning map initiated by the Mayor and Aldermen shall not require mailed notice, notwithstanding any other provision of this Ordinance.

Article 3.0 Application and Review Procedures

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.2 Public Notice 3-3-7 a. Statutory Requirements Any information required by the Official Code of Georgia Annotated (O.C.G.A.) for published notice for the type of application which is the subject of the notice. Notwithstanding any other provision to the contrary in the Article, for applications initiated by the Mayor and Aldermen for the adoption of a zoning ordinance, amendment to the zoning ordinance, rezoning property from one zoning classification to another, or a special use permit, published notices shall be only those required by the Zoning Procedures Law, O.C.G.A.

36-66-1 et seq. and posting of signs shall not be required.

b. Nature of Application The application number, application type, applicant’s name, property owner’s name and a description of the proposal or request. If the applicant is the Mayor and Aldermen and the application is for a Comprehensive Plan map amendment, property owner names shall not be required. c. Public Meeting or Hearing Location, Time and Date The location, time and date, and purpose of all scheduled public meetings or hearings for the application. d. Location of the Subject Property i. The location of the land involved by street address, or if there is no street address, by description of the subject property.

If the applicant is the Mayor and Aldermen and the application is for a Comprehensive Plan map amendment, street addresses shall not be required.

ii. For mailed notice only, a location map shall be included, indicating the location and general boundaries of the property, with reference to the closest intersection of public streets, when possible. e. Property Identification Number The Property Identification Number (PIN) for the subject property. If the applicant is the Mayor and Aldermen and the application is for a Comprehensive Plan map, property identification numbers shall not be required. f. Size of Subject Property The total size of the subject property, rounded to the nearest one-hundredth of an acre. g. Zoning Designations The zoning district(s) of the property subject to the application.

If the application is for a rezoning (map amendment), the proposed zoning district(s) shall also be provided, except that the existing and proposed zoning districts shall not be required where an application is initiated by the Mayor and Aldermen.

h. Materials Available for Public Information The name, address and telephone number of the department in which the application, staff report and related materials may be inspected by the public, and the fact that information is available for public inspection during normal business hours. i. Submittal of Written Materials The name, address and telephone number of the department where the public may submit written comments or evidence prior to the public meeting or hearing.

Article 3.0 Application and Review Procedures

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec.

3.2 Public Notice 3-3-8 j. Public Comment Allowed A statement that affected parties may appear at the public meeting or hearing, be heard and submit evidence and written comments. 3.2.4 Mailed Notice a. To Whom Provided When required, as shown in Table 3.2-1, notice shall be mailed, as appropriate, to all property owners, organizations and associations indicated below. i. Property Owners of the Subject Property (1) All property owners of the property subject to the application shall be mailed notice of a public meeting or hearing unless otherwise provided below. (2) For applications to designate or amend a local historic district or a local historic property, mailed noticed shall be sent to all property owners as required by O.C.G.A.

44-10-28 (“Georgia Historic Preservation Act”), or as amended, for only the public hearing. For public meetings, mailed notification shall comply with Sec. 3.2.4.a.i. above.

For any Comprehensive Plan map amendment that is initiated by the Mayor and Aldermen for any land area that is at least three (3) acres, mailed notice shall not be required. ii. Jurisdictions Any municipality or county within 300 feet of the subject property shall be mailed a written notice of a public meeting or hearing when an application is for a rezoning (including Planned Developments and overlay districts), major site development plans and special use permits. iii. Military Installations In accordance with the O.C.G.A, §36-66-6 (“The Zoning Procedures Law”), or as amended, all military bases and installations, including Hunter Army Airfield, shall receive written notice of any application that requires a zoning decision by the Governing Body.

This applies only to land within 3,000 feet of the base or installation, or within 3,000 feet of any Clear Zone or Accident Potential Zone that is affiliated with such base or installation. See Sec. 7.2, Airport, Airfield Overlay District.

Commentary: As of this Ordinance, O.C.G.A. identifies a “zoning decision” as the following: 1) the adoption of new zoning ordinance; 2) a text amendment; 3) rezoning of property; 4) rezoning of property that is to be annexed; and, 5) a special use permit. A written recommendation from the commander of such base or installation must be requested at least 30 days prior to the hearing. If a response is not received by the date of the public hearing, it should be presumed that the proposed zoning decision has no adverse effect on the base or installation.

Article 3.0 Application and Review Procedures

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec.

3.2 Public Notice 3-3-9 iv. Nearby Property Owners and Associations (1) Nearby Property Owners All property owners whose property boundary lies within 300 feet of the boundaries of the subject property by the most direct distance shall receive notice. (2) Neighborhood and Property Owner’s Associations When the subject property is within the boundary of a neighborhood or property owner’s association registered with the City of Savannah in Sec. 3.2.7.b. notice shall be provided to such association. Mailed notice shall also be provided to other such neighborhood or property owner’s association(s) within 300 feet of the subject property.

b. Mailing and Postmarking i. How Property Addresses are to be Obtained (1) Mailing addresses for property owners shall be obtained from the most recent tax digest available from the office of the Chatham County Board of Assessors. (2) For neighborhood and property owner associations, mailing addresses shall be obtained from the City of Savannah as provided in Sec. 3.2.7. ii. Timing of Mailed Notice (1) For all applications that require mailed notice, except those provided in Sec. 3.2.4.b.i.(2) and Sec. 3.2.4.b.ii.(2), notice shall be mailed at least 15 but no more than 45 days prior to the public meeting or hearing.

(2) For applications to designate a local historic district or to designate a local historic property (or to amend a historic district designation or historic property designation), mailed noticed shall be sent at least 10 but not more than 20 days prior to the public hearing as provided in O.C.G.A. §44-10-26 (“Georgia Historic Preservation Act”). For public meetings, mailed notification shall comply with Sec. 3.2.4.b.ii.(1).

iii. When Notice Deemed to be Mailed Notice shall be deemed mailed by its deposit with the U.S. Postal Service. 3.2.5 Published Notice a. Publishing of Public Notice When required, as shown in Table 3.2-1, public notice shall be published in accordance with the standards established by the Official Code of Georgia Annotated (OCGA §36-66-4) and this Ordinance. b. Preparation of Notice Content and Publishing Responsibility The Planning Director or Governing Body, as applicable, shall prepare the content of the notice and be responsible for publishing the notice in a local newspaper of general circulation within the boundaries of Chatham County.

c. Timing of Published Notice

Article 3.0 Application and Review Procedures

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.2 Public Notice 3-3-10 i. Public Meetings For all applications that require published notice except those provided in 3.2.5.c.ii., notice shall be published at least 10 but no more than 20 days prior to the public meeting. ii. Public Hearings (1) For all applications that require published notice except those provided in 3.2.5.c.ii.(2), notice shall be published at least 15, but no more than 45 days prior to the public hearing.

(2) For applications to designate a local historic district or to designate a local historic property, notice of the public hearing shall be published at least 10 but not more than 20 days prior to the public hearing as provided in O.C.G.A. §44-10-26 (“Georgia Historic Preservation Act”), or as amended. Notice of the public hearing shall be published on at least three (3) occasions prior to the public hearing. For public meetings, mailed notification shall comply with Sec. 3.2.5.c.ii above. 3.2.6 Posted Notice a. Content of Notice When required, as provided in Table 3.2-1, posted notice shall include the following information listed below on the sign: i.

The type of application; ii. Description of the proposal or request; iii. The date, time and location of the scheduled public meeting or hearing; iv. The application file number; and v. A phone number to call for additional information. b. Posting of Notice Posting of property shall comply with the requirements listed below. i. Responsibility for Posting Signs shall be posted by the applicant, except applications initiated by the . If the applicant is the Mayor and Aldermen shall be exempt from this requirement. and the application is for a Comprehensive Plan map amendment of more than three (3) acres, posting shall not be required by this Ordinance.

ii. Form of Required Signs Notice shall be posted on weather resistant signs in a form established by the City Manager or his or her designee. c. Timing of Posted Notice For any application requiring posted notice, signs shall be posted at least 15, but no more than 45 days before the public meeting or hearing.

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.2 Public Notice 3-3-11 d. Location of Signs i. Subject Property Signs shall be placed on the subject property. ii. Street Frontage Signs shall be placed along each street, at maximum intervals of 400 feet and set back a maximum of five (5) feet from the property line, so that the signs are visible from the street.

iii. Lack of Street Frontage If the land does not have street frontage, at least one (1) sign shall be placed on the property at the access point and additional sign(s) shall be placed on the nearest public right-of-way.

iv. Installation Signs shall be posted in a professional manner, able to withstand normal weather events. Signs shall not be posted onto any tree. fe. Removal The applicant shall remove the sign within 10 days after final action on the application. 3.2.7 Neighborhood Meetings a. When Required When required, as shown in Table 3.2-1, Types of Required Public Notice for Applications, or indicated elsewhere in this Ordinance. b. Registered Neighborhood Associations Neighborhood meetings are required for neighborhood associations registered with the City of Savannah as posted on the Open Neighborhoods map located at https://public.sagis.org/OpenNeighborhoods/ Commentary: The purpose of a neighborhood meeting is to ensure early citizen participation in an informal forum in conjunction with applications and to provide an applicant the opportunity to understand and try to mitigate any impacts an application may have on an affected community.

A neighborhood meeting is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision making.

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.3 Developmentof Regional Impact 3-3-12 Sec. 3.3 Development of Regional Impact 3.3.1 Applicability This Section shall apply to any proposed development that meets or exceeds the minimum threshold established for specified uses or activities as identified by the Rules of the Georgia Department of Community Affairs, §110-12-3 (“Developments of Regional Impact”), as amended. The Metropolitan Planning Commission shall serve as the submitting agency on behalf of the applicant.

3.3.2 Project Threshold See the Rules of Georgia Department of Community Affairs, §110-12-3 (“Developments of Regional Impact”) for DRI thresholds to determine applicability.

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.4 Comprehensive Plan Amendment 3-3-13 Sec. 3.4 Comprehensive Plan Amendment 3.4.1 ApplicabilityPurpose An application for a Comprehensive Plan amendment, text or map, may be initiated by the Mayor and Alderman or the Planning Commission. Any person owning property within the City, or agent for such property owner, may initiate an application for a Comprehensive map amendment to change the Future Land Use Map category for their own property only. Procedures for amending the text or Future Land Use Map of the Comprehensive Plan are established in the City of Savannah Comprehensive Plan.

This Section establishes the procedures for amending the text or Future Land Use Map of the Comprehensive Plan. 3.4.2 Initiation of Comprehensive Plan Amendment a. An application for a Comprehensive Plan amendment, text or map, may be initiated by any of the following: i. The Savannah Mayor and Aldermen; or, ii. The Planning Commission. b. Any person owning property within the city or agent for such property owner, may initiate an application only for a Comprehensive Plan map amendment to change the Future Land Use Map category only for their own property. 3.4.3 Coordination with Applications for Rezoning Map Amendment a.

When a proposed rezoning (map amendment) is inconsistent with the Future Land Use Map, an application for a Future Land Use Map amendment may be submitted prior to or concurrently with a rezoning application. For the purposes of this Section, inconsistency means that the future land use classification, as shown on the Future Land Use Map, does not permit the proposed zoning district.

Commentary: Within Article 5.0, Base Zoning Districts, the zoning districts permitted in each Future Land Use Map category are provided after the district description. b. The Future Land Use Map must be recommended for amendment or amended prior to action on the rezoning to maintain consistency between land use and zoning. The map amendment and rezoning may be heard at the same meeting or hearing; however, decisions shall be rendered with separate motions. 3.4.4 Pre-Application Conference Required Prior to the submittal of an application for a comprehensive plan amendment, the applicant shall request and participate in a pre-application conference.

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.4 Comprehensive Plan Amendment 3-3-14 3.4.5 Required Public Notice a. Comprehensive Plan Text Amendments Public notice shall be provided in accordance with the procedures in Sec. 3.2, Public Notice. b. Future Land Use Map Amendments i. Public notice shall be provided in accordance with the procedures in Sec. 3.2, Public Notice. ii. When a Future Land Use Map amendment is proposed for property within 1,500 feet of any other county or municipal jurisdiction or within 3,000 feet of Hunter Army Airfield, the managers of such political jurisdictions and the base commander shall be requested to provide a written recommendation and supporting facts at least 30 days prior to public meeting before the Planning Commission.

If there is no response, there shall be a presumption that the map amendment will not have any adverse effect on the jurisdiction. 3.4.6 Application Requirements a. Comprehensive Plan Text Amendments Applicants for a Comprehensive Plan text amendment shall provide the following: i. The Comprehensive Plan planning goal or element and any specific goals, objectives, strategies, policies, guiding principles and programs sought to be amended, whether proposed to be added, removed or revised; and ii. A statement explaining the need for the text amendment, including the appropriate data and analysis to support the proposal, and indicating how the text amendment is consistent with and further supports goals, objectives, strategies, policies, guiding principles and programs of the Comprehensive Plan.

Commentary: An amendment that would revise, remove or add a map other than the Future Land Use Map shall be considered a text amendment for the purpose of this Section. b. Future Land Use Map Amendments i. Applicants for a Future Land Use Map amendment shall provide the following: (1) The Future Land Use category proposed; (2) A statement explaining the need for the map amendment, including the appropriate data and analysis to support the proposal, and indicating how the map amendment is consistent with and further supports goals, objectives, strategies, policies, guiding principles and programs of the Comprehensive Plan; ii.

The Planning Director shall address the following for consideration by the Planning Commission: (1) The most intense and/or dense development that can occur on the site under the proposed future land use category and permitted zoning districts within such category, including the total number of acres for the site; and

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.4 Comprehensive Plan Amendment 3-3-15 (2) An analysis of the most intense and/or dense development that would be permitted by the proposed Future Land Use Map amendment in relationship to the following: (a) The availability of potable water, sanitary sewer, stormwater and solid waste facilities; (b) The availability of public safety and emergency facilities (i.e., police, fire and hospitals); (c) The available road capacity; (d) The available school capacity, if residential is proposed; (e) The availability of parks and recreational facilities, if residential is proposed; (f) Whether there would be impacts on known historic buildings, sites, districts or archaeological resources resulting from the proposed change; (g) Whether there are environmental impacts or consequences resulting from the proposed change; (h) Whether there are adverse impacts on properties in an adjoining governmental jurisdiction in cases of proposed changes adjacent to jurisdictional boundary lines; (9) The financial feasibility for the project as it relates to public services and infrastructure including potable water, sanitary sewer, stormwater and solid waste facilities; roads; and, parks and recreation.

(3) Whether the proposed future land use change would be compatible with the existing land uses and designated future land uses to adjacent and nearby property; and (4) Whether there are other existing or changing conditions affecting the use and development of adjacent and nearby property which support the proposed Future Land Use Map change. 3.4.7 Review by the Planning Commission a. Consideration by Planning Commission All Comprehensive Plan amendments shall be considered by the Planning Commission at a public meeting, prior to a public hearing by the Mayor and Aldermen.

b. Review Criteria The Planning Commission shall review and make a recommendation on the proposed Comprehensive Plan amendment based upon verification and analysis of the criteria in Sec.

3.4.6.a. for Comprehensive Plan text amendments, and Sec. 3.4.6.b. for Future Land Use Map amendments. c. Planning Commission Recommendation i. Text Amendments A recommendation shall be prepared and forwarded to the Mayor and Aldermen. In its recommendation, the Planning Commission shall indicate how the text amendment is or is not

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.4 Comprehensive Plan Amendment 3-3-16 consistent with, and furthers or does not further the goals, objectives, strategies, policies, guiding principles and programs of the Comprehensive Plan and if the proposed amendment should be: (1) Approved; (2) Approved with modifications; or (3) Denied. ii. Map Amendments A recommendation shall be prepared and forwarded to the Mayor and Aldermen. In its recommendation, the Planning Commission shall indicate how the Future Land Use Map amendment is or is not consistent with, and furthers or does not further the goals, objectives, strategies, policies, guiding principles and programs of the Comprehensive Plan and if the proposed amendment should be: (1) Approved; (2) Approved for a future land use classification other than the classification requested by the applicant; or (3) Denied.

3.4.8 Action by the Mayor and Aldermen Within seven (7) days of the Planning Commission’s recommendation, the Planning Director shall forward the recommendation of the Planning Commission to the Mayor and Aldermen as required by Sec. 3.4.7.c.

a. Public Hearing The Mayor and Aldermen shall hold a minimum of one (1) public hearing to consider the proposed amendment after receiving a recommendation from the Planning Commission. Within seven (7) days of receiving the Planning Commission recommendation, the Mayor and Aldermen shall notify the applicant of the scheduled date for the public hearing. b. Review Criteria The Mayor and Aldermen shall evaluate the proposed Comprehensive Plan amendment based upon verification and analysis of the criteria in Sec. 3.4.6.a. for text amendments and Sec. 3.4.6.b. for Future Land Use Map amendments.

Action by the Mayor and Aldermen Following the public hearing, the Mayor and Aldermen shall take one of the following actions: i. Text Amendments Following the public hearing and based on the findings required by Sec. 3.4.6.a., the Mayor and Aldermen may take one of the following actions on the Comprehensive Plan and if the proposed amendment should be: (1) Approved;

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.4 Comprehensive Plan Amendment 3-3-17 (2) Approved with modifications; or (3) Denied. ii. Map Amendments Following the public hearing and based on the findings required by Sec. 3.4.6.b., the Mayor and Aldermen may take one of the following actions on the Future Land Use Map amendment and if the proposed amendment should be: (1) Approved; (2) Approved for a future land use classification other than the classification requested by the applicant; or (3) Denied.

3.4.9 Reconciliation of Text and Map Amendments Annually, or as needed, the Planning Director should request a joint public hearing with the Board of County Commissioners and the Savannah Mayor and Aldermen for the purpose of addressing and possibly rectifying the differences between the county and city versions of the text of the Comprehensive Plan that have resulted from the approval of Comprehensive Plan text amendments that are not consistent between the jurisdictions.

Where differing text has been adopted by each Governing Body, the text shall be distinguished in the Comprehensive Plan. However, for Comprehensive Plan map amendments, because each Governing Body is solely responsible for amendments to the Future Land Use Map for property within their respective jurisdiction, no reconciliation process shall be required.

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.5 Rezoning (Map Amendment) 3-3-18 Sec. 3.5 Rezoning (Map Amendment) 3.5.1 Applicability The provisions of this Section shall apply to amendments to the official Zoning Map of the City of Savannah. For requirements and procedures for rezoning to a Planned Development district, refer to Sec. 3.6 Rezoning (Map Amendment), Planned Development. 3.5.2 Initiation of Rezoning An application for rezoning may be initiated by any of the following: a. The Mayor and Aldermen, for any lands located within the city limits of Savannah.

b. The Planning Commission, for any lands located in the city limits of Savannah. c. Any person, or agent for such person, who seeks to rezone his or her own property. 3.5.3 Application Procedures a. Prior to the submittal of an application for a rezoning, the applicant shall participate in a pre-application conference with the Planning Director. b. Application forms shall be submitted in duplicate to the Mayor and Aldermen. c. Applications shall be signed and shall state the name and address of the applicant, who must be the owner of the property or the authorized agent or attorney of the owner of the property.

If the applicant is the agent of the owner, the agent shall file, simultaneously with the petition, a notarized letter signed by the owner, authorizing the agent to file on his behalf. No application shall be accepted which fails to meet these requirements.

d. Applications shall include the following information: i. The reasons for requesting an amendment to the zoning map; ii. A scaled dimensioned map, plat or sketch of the property referred to in the application, all adjoining lots or parcels of land which are in the same ownership and indicate nearby public roads in common use; iii. The community or area in which is located the land proposed to be reclassified and the street number, if any, or if none, the location of nearby public roads in common use; iv. A legal description of the land by lot, block, and subdivision designations, or if none, by metes and bounds; v.

The property identification number from the tax records of Chatham County; vi. The present zoning classification and the classification proposed for such property; vii. The name and address of the owners of the property; viii. The area of the property proposed to be reclassified stated in square feet if less than one acre and in acres if one or more; and

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.5 Rezoning (Map Amendment) 3-3-19 ix. The present and proposed land uses of the property petitioned for rezoning and all adjoining properties if under the same ownership. 3.5.4 Neighborhood Meeting Required a. An applicant petitioning for a rezoning may be required to hold a neighborhood meeting if it is determined at the pre-application conference that any of the following apply: i. A Mixed-use or Nonresidential zoning district, as defined in Sec. 5.1, Zoning District Categories, or Planned Development district is proposed adjacent to a Residential zoning district; ii.

The proposed zoning district is inconsistent with the adopted Future Land Use Map; 3.5.5 Required Public Notice Public notice shall be provided in accordance with the procedures in Sec. 3.2, Public Notice. 3.5.6 Review by the Planning Commission a. Consideration by Planning Commission All rezoning applications shall be considered by the Planning Commission at a public meeting, prior to public hearing by the Mayor and Aldermen. b. Standards and Criteria The Planning Commission shall review and make a recommendation on the proposed rezoning based upon the standards in Sec. 3.5.11, Review Standards for Rezoning Applications.

c. Planning Commission Recommendation A recommendation shall be prepared and forwarded to the Mayor and Aldermen. The recommendation shall indicate if the proposed rezoning should be: i. Approved; ii. Approved to a zoning district other than the district requested by the applicant, provided that such district is consistent with the Future Land Use Map designation (when a zoning district and Future Land Use Map designation are inconsistent, see commentary below); or iii. Denied. Commentary: If an alternate zoning district is recommended that is not consistent with the Future Land Use Map, a comprehensive plan amendment in accordance with the provisions of Sec.

3.4, Comprehensive Plan Amendment, must be reviewed by the Planning Commission. Until such time as a recommendation is provided by the Planning Commission on the Comprehensive Plan Amendment, the Planning Commission shall not make a recommendation on the rezoning petition.

3.5.7 Review by the Historic Preservation Commission a. Consideration by Historic Preservation Commission Applications to rezone property located in a local historic overlay district shall be considered by the Historic Preservation Commission at a public meeting, prior to public hearing by the Mayor and Aldermen.

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.5 Rezoning (Map Amendment) 3-3-20 b. Standards The Historic Preservation Commission shall review and make a recommendation on the proposed rezoning based upon the standards in Sec.

3.5.11, Review Standards for Rezoning Applications. c. Historic PreservationCommission Recommendation A recommendation shall be prepared and forwarded to the Mayor and Aldermen. The recommendation shall indicate if the proposed rezoning should be: i. Approved; ii. Approved with modifications; or iii. Denied.

3.5.8 Review by the Savannah Downtown Historic Board of Review a. Consideration by Savannah Downtown Historic Board of Review Applications to rezone property located in the downtown historic overlay district shall be considered by the Savannah Downtown Historic Board of Review at a public meeting, prior to public hearing by the Mayor and Aldermen. b. Standards The Savannah Downtown Historic Board of Review shall review and make a recommendation on the proposed rezoning based upon the standards in Sec. 3.5.11, Review Standards for Rezoning Applications.

c. Savannah Downtown Historic Board of Review Recommendation A recommendation shall be prepared and forwarded to the Mayor and Aldermen.

The recommendation shall indicate if the proposed rezoning should be: i. Approved; ii. Approved with modifications; or iii. Denied. 3.5.9 Concurrent Reviews When review by the Historic Preservation Commission or Savannah Downtown Historic Board of Review is required, this review may occur concurrent with the Planning Commission review. 3.5.10 Action by the Mayor and Aldermen Upon receipt of the recommendations from the reviewing bodies, the Planning Director shall forward the recommendation(s) to the Mayor and Aldermen for final action. a. Public Hearing The Mayor and Aldermen shall hold a minimum of one (1) public hearing to consider the proposed rezoning after receiving a recommendation from the applicable review body.

Within seven (7) days of receiving the recommendation, the Mayor and Aldermen shall notify the applicant of the scheduled date for the public hearing.

b. Standards The Mayor and Aldermen shall evaluate the proposed rezoning based upon the standards in Sec. 3.5.11, Review Standards for Rezoning Applications.

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.5 Rezoning (Map Amendment) 3-3-21 c. Action by the Mayor and Aldermen Following the public hearing, the Mayor and Aldermen shall take one of the following actions: i. Approve; ii. Approve to rezone to a zoning district other than the district requested by the applicant provided that such district is consistent with the Future Land Use Map designation (when a zoning district and Future Land Use Map designation are inconsistent the Mayor and Aldermen shall not approve a rezoning not requested by the applicant unless the Future Land Use Map is amended to a consistent designation; or iii.

Deny.

3.5.11 Review Standards for Rezoning Applications Following are the standards which govern the exercise of zoning power by the City. a. Suitability and Community Need i. Whether the range of uses permitted by the proposed zoning district is more suitable than the range of uses that is permitted by the current zoning district. ii. Whether the proposed zoning district addresses a specific need in the county or city. b. Compatibility i. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property; ii. Whether the zoning proposal is compatible with the present zoning pattern and conforming uses of nearby property and the character of the surrounding area.

iii. Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

c. Consistency Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Plan and other adopted plans, such as a redevelopment plan or small area plan. d. Reasonable Use Whether the property to be affected by the zoning proposal has a reasonable use as currently zoned. e. Adequate Public Services Whether adequate school, public safety and emergency facilities, road, ingress and egress, parks, wastewater treatment, water supply and stormwater drainage facilities are available for the uses and densities that are permitted in the proposed zoning district. f.

Proximity to a Military Base, Installation or Airport In accordance with the O.C.G.A. §36-66-6, when a rezoning is proposed for property located within 3,000 feet of a military base, installation or airport, 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 that is affiliated with such base, installation or airport the following shall occur: i. The commander of such military base, installation or airport, including Hunter Army Airfield, shall be requested to provide a written recommendation and supporting facts at least 30 days prior to the public hearing.

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec. 3.5 Rezoning (Map Amendment) 3-3-22 ii. If there is no response from the commander, there shall be a presumption that the proposed rezoning will not have any adverse effect relative to the standards listed below and the Planning Director shall make such investigation and recommendation with respect to the standards listed below. (1) 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, installation or airport; (2) Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of a military base, installation or airport; (3) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; (4) 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 such as a military base, installation or airport; (5) Whether the zoning proposal is in conformity with the policy and intent of the adopted land use plan (i.e., the Comprehensive Plan); and, (6) Whether there are existing or changing conditions affecting the use of the nearby property such as a military base, installation or airport, which give supporting grounds for either approval or disapproval of the zoning proposal.

3.5.12 Limitations on Rezoning Applications If the Mayor and Aldermen deny an application for the rezoning of property, the applicant shall not resubmit an application to rezone any part or all of such property for a period of 12 months from the date of the decision by the Mayor and Aldermen.

3.5.13 Government InitiatedRezoning Application a. The purpose of a government-initiated rezoning shall be to rezone areas in conformance with the principles of comprehensive land use planning and staged development as reflected by established plans and policies, as well as planned public facilities. b. The same review criteria shall apply to government initiated rezonings as to all other rezonings, as set forth in Sec. 3.5.11 Review Standards for Rezoning Applications.

CITY OF SAVANNAHZONING ORDINANCE FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019 Article 3.0 Sec.

3.6 Rezoning (Map Amendment),Planned DevelopmentDistrict 3-3-23 Sec. 3.6 Rezoning (Map Amendment), Planned Development District 3.6.1 Applicability The provisions of this Section shall apply to amendments to the official Zoning Map of the City of Savannah for a Planned Development district. 3.6.2 Initiation of Rezoning An application for a planned development rezoning may be initiated by any of the following: a. The Mayor and Aldermen, for any lands located within the city limits of Savannah. b. The Planning Commission, for any lands located within the city limits of Savannah. c. Any person, or agent for such person, who seeks to rezone his or her own property.

3.6.3 Neighborhood Meeting Requirement An applicant petitioning for a Planned Development District may be required to hold a neighborhood meeting pursuant to Sec. 3.2, Public Notice.

3.6.4 Required Public Notice Public notice shall be provided in accordance with the procedures in Sec. 3.2., Public Notice. 3.6.5 Types of Planned Developments Planned Developments shall be classified as either Small-Scale (“S-PD”) or Large-Scale (“L-PD”) Planned Developments, based on project size, as outlined in Sec. 6.1.2. 3.6.6 Large-Scale Planned Development (L-PD) Procedures The Large-Scale PD approval process shall require that the applicant participate in a preapplication conference with the Planning Director and follow these procedures: a. General Master Plan - Considerationby Planning Commission The petitioner shall submit to the Planning Commission a completed Large-Scale Planned Development application and a General Master Plan, subject to the submittal requirements of Sec.

6.1.10. General Master Plans for Large-Scale Planned Development shall be considered by the Planning Commission at a public meeting prior to a public hearing by the Mayor and Aldermen.

b. Standards and Criteria The Planning Commission shall review and make a recommendation on the proposed General Master Plan based upon the required review criteria in Sec. 3.6.98, Review Standards for Planned Development Applications. c. Planning Commission Recommendation The Planning Commission shall prepare a recommendation on the proposed General Master Plan and forward such recommendation to the Mayor and Aldermen. Based on the findings required by Sec. 3.6.8, a recommendation shall indicate if the proposed Planned Development rezoning should be:

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