Article 3.0 Application and Review Procedures

Article 3.0 Application and Review Procedures
CITY OF SAVANNAH ZONING ORDINANCE
                             FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019




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 otherwis e
        provided in this Ordinance.

3.1.3 Pre-application Conference
        Before submitting an application for development approval, an applicant may schedule a pre-
        application 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                                                                               Sec. 3.1 Purpose


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Article 3.0 Application and Review Procedures
CITY OF SAVANNAH ZONING ORDINANCE
                            FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019


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                                                        0 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.


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        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 Preservation Commission 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                                                  0 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.


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              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                                          0 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.


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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                                                                             Sec. 3.2 Public Notice


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                          FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019


Table 3.2-1: Types of Required Public Notice for Applications


                                                                                              Neighbor-
 Proposal                                      Mailed        Posted   Published               hood
                                                                                              Meeting
                                                                      Public      Public
                                                                      Meeting     Hearing
 Development of Regional 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 Development District                             n/a                    
 Zoning Text Amendment                         n/a           n/a      n/a                    n/a
 Planning Commission Development Plan                                                         
                                                            n/a      n/a         n/a         n/a
 Review (No Variance)
 Planning Commission Development Plan
                                                                               n/a
 Review (Variance requested)[1]                                                               
 Traffic Impact Analysis                       n/a           n/a      n/a         n/a         n/a
                                                                                              
 Special Use Permit                                                 n/a         
                                                                                              n/a
 Temporary Use 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 District Designation [1]                            n/a                    
 Local Historic Property Designation                        n/a      n/a                    n/a
 Amendment to a Local Historic District                                                       n/a
                                                            n/a      n/a         
 Contributing Resources Map or Height Map
 Certificate of Appropriateness for Local
 Historic Districts                            n/a                   n/a         n/a         n/a
 (No Variance)
 Certificate of Appropriateness for Local
                                                                               n/a
 Historic Districts (Variance requested)                                                      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
                                               See Sec.
 Appeals                                                             n/a         
                                               3.26.6                                         n/a
 Relief for 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                                                                            Sec. 3.2 Public Notice


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CITY OF SAVANNAH ZONING ORDINANCE
                            FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019


        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 propert y
            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                                                                               Sec. 3.2 Public Notice


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        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 propert y
           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                                                                             Sec. 3.2 Public Notice


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                         FINAL – JANUARY 25, 2019 FINAL – FEBRUARY 8, 2019


                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 propert y
                        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 propert y
                            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                                                                             Sec. 3.2 Public Notice


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                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.




Article 3.0                                                                             Sec. 3.2 Public Notice


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        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 produc e
                complete consensus on all applications, but to encourage applicants to be good neighbors
                and to allow for informed decision mak ing.




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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.




Article 3.0                                                      Sec. 3.3 Development of Regional Impact


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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.


Article 3.0                                                      Sec. 3.4 Comprehensive Plan Amendment


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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




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              (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 government al
                      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 Comprehens ive
   Plan amendment based upon verification and analysis of the criteria in Sec. 3.4.6.a. for Comprehens ive
   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



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       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.

        c. 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;


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                   (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 amendment s
    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.




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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


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                      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 wit h
                       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
                       mak e 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.


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         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 Preservation 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 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.


 Article 3.0                                                         Sec. 3.5 Rezoning (Map Amendment)


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        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 Comprehens ive
              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.


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              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 Initiated Rezoning 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.




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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 pre-
        application conference with the Planning Director and follow these procedures:


        a.    General Master Plan - Consideration by 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 requirement s
              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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                                                                                      Development District


                                                  3-3-23
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                   i.       Approved;
                   ii.      Approved with conditions, where conditions may be attached to the proposed Planned
                            Development as established in Sec. 3.6.10, Conditions for Approval;
                   iii.     Approved to a zoning district other than the district requested by the applicant, that is
                            consistent with the future land use designation the Mayor and Aldermen shall not
                            approve a rezoning not requested by the applicant unless the fFuture lLand uUse Map
                            designation is amended to be a consistent with the approved zoning
                            districtdesignation;; or
                   iv.      Denied.



        d. 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 for
              final action.

              i.          Public Hearing
                          The Mayor and Aldermen shall hold a minimum of one (1) public hearing to consider
                          the proposed Planned Development rezoning 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.

              ii. Standards and Criteria
                          The Mayor and Aldermen shall evaluate the proposed General Master Plan using the
                          standards in Sec. 3.6.8, Review Criteria for Planned Development Applications.

              iii. Action by the Mayor and Aldermen
                          Following the public hearing and based on the findings required by Sec. 3.6.8, the
                          Mayor and Aldermen may take one of the following actions on the General Master
                          Plan:
                           i.    Approve;
                          ii.    Approve with conditions, where conditions may be attached to the Planned
                                 Development as established in Sec. 3.6.9, Conditions for Approval;
                          iii.   Approve to a zoning district other than the district requested by the applicant, that
                                 is consistent with the future land use designation. If the zoning district other than
                                 requested by the applicant is inconsistent with the future land use designation,
                                 the Mayor and Aldermen may shall not approve such a rezoning district unless
                                 the future land use designation not requested by the applicant unless the Future
                                 Land Use Map is amended to be a consistent with the zoning districtdesignation;(;
                                 or
                          iv.    Deny.

        e. Final Master Plan – Consideration by Planning Commission
                   i.     Following approval of the General Master Plan and rezoning to a PD district by the
                          Mayor and Aldermen, the applicant shall submit a Final Master Plan to the Planning
                          Commission, pursuant to the submittal requirements of Sec. 6.1.11. A Final Master
                          Plan shall be submitted for each phase, if applicable. The Planning Commission shall



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                                                                                               Development District


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                         review the Final Master Plan for consistency with the General Master Plan. The
                         Planning Commission shall take one of the following actions on the Final Master Plan:

                          (a)      Approve;
                          (b)      Approve with conditions, where conditions do not alter the intent of the
                                   General Master Plan approved by the Mayor and Aldermen;
                          (c)      Deny


3.6.7 Small-Scale Planned Development (S-PD) Procedures
         The Small-Scale PD approval process shall require that the applicant participate in a pre-
         application conference with the Planning Director and follow these procedures:


              a.   Concurrent General/Final Master Plan – Consideration by Planning
                   Commission
                   The applicant shall submit a completed Small-Scale Planned Development application. If
                   desired by the applicant, the Planning Commission shall be authorized to review and make
                   a concurrent recommendation on a combined General/Final Master Plan for Small-Scale
                   Planned Developments. Combined General/Final Master Plans shall meet the submittal
                   requirements for Final Master Plans contained in Sec. 6.1.11. If the applicant does not
                   desire concurrent review, and may submit for concurrent General/Final Master Plan
                   review, subject to the submittal requirements of Sec. 6.1,11 for Final Master Plan, to the
                   Planning Commission. If desired, the applicant may seek separate General and Final
                   Master Plan review and approval, subject to the procedure provided outlined in Sec. 3.6.6.
                   All concurrent combined General/Final Master Plans for Small-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/Final Master Plan based upon the required review criteria in Sec. 3.6.8, Review
                   Standards for Planned Development Applications.


              c.   Planning Commission Recommendation
                   The Planning Commission shall prepare a recommendation on the proposed General/Final
                   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 Planned
                   Development rezoning should be:

                   i.     Approved;
                   ii.    Approved with conditions, where conditions may be attached to the proposed Planned
                           Development as established in Sec. 3.6.9, Conditions for Approval;
                   iii. Approved to a zoning district other than the district requested by the applicant, that is
                         consistent with the future land use designation. If the zoning district other than
                         requested by the applicant is inconsistent with the future land use designation, the
                         Mayor and Aldermen may shall not approve such a rezoning district unless the not
                         requested by the applicant unless the Ffuture Lland Uuse Map designation is


Article 3.0                                                       Sec. 3.6 Rezoning (Map Amendment), Planned
                                                                                          Development District


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