The following is a list of permits needed for construction of a building or structure or the movement of a building or structure that may be needed for any type of land development in the City of Pooler, Georgia.

(A)

Building permit. A building permit issued by the administrative officer [building official] is required in advance of the initiation of construction, erection, moving or alteration of any building or structure. All applications for building permits shall be accompanied by a plat or plan in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the location of the building on the lot, the number of dwelling units the design is to accommodate, and such other information as may be essential for determining whether the provisions of this ordinance are being observed. A record of such application and plats or plans shall be kept by the administrative officer [building official]. A building permit is also required for swimming pools, fences, and lawn irrigation systems.

(B)

Relocation permit. A relocation permit is required anytime a manufactured home, mobile home, trailer, out building, house or structure is moved from any location to any lot or parcel within the city limits of Pooler. Electrical, mechanical and plumbing permits are included within this permit. Buildings used for the purpose of storage only with no need for electricity or plumbing are exempt from this requirement.

(C)

Sign permit. Prior to the erection of a sign for either on premises or off premises advertising, the building official must first issue a permit in accordance with the sign regulations set forth in the City of Pooler Sign Ordinance. Permits are required for both temporary signs as well as permanent signs.

(D)

Demolition permit. Prior to destruction of a building, structure, or sign, a demolition permit is needed. Such permit may be attained from the City of Pooler Building and Zoning Department.

(E)

Electrical permit. An electrical permit is needed before installing any electrical wiring or fixtures. This permit is not needed if a re-location permit or building permit has already been issued on the structure.

(F)

Plumbing permit. A plumbing permit is needed whenever a plumber installs a new plumbing system in an existing structure. This permit is not needed if a re-location permit or building permit has already been issued on the structure.

(G)

Mechanical permit. A mechanical permit is needed before a licensed installer may install any mechanical device such as a heating and/or cooling system for air or water. This permit is not needed if a re-location permit or building permit has already been issued on the structure.

(H)

Subdivision of land. Whenever a lot, parcel, or tract of land is divided into two or more parts, the owner must submit a preliminary subdivision plat to the building official. The preliminary plat shall be reviewed at a public meeting held by the planning commission and then by the city council at a public hearing to follow. Once the preliminary plat is approved by city council, required infrastructure improvements may be permitted on the property. After the required infrastructure improvements are completed and inspected by the building inspector [official], a final plat may be submitted to the building official. The final plat shall be reviewed at a public meeting held by the planning commission and then by the city council at a public hearing to follow. Once the final plat is approved by the city council, all parcels created by the subdivision may be recorded in the Office of the Superior Court of Chatham County and subsequently become real estate. Subdivisions of three lots or less may be considered a minor subdivision where the preliminary and final plat procedure are combined into one. However, subdivisions of four lots and more or any division where infrastructure improvements are required will be considered as major subdivisions and must endure the complete process.

The following are permits that may be required depending on the construction and particular land use district for which it will take place:

(A)

Conditional use permits. There are specific land uses permitted in certain zoning districts only after a review by the planning commission, a public hearing has been held by the city council, and the city council has determined that the use is appropriate based on certain criteria. These uses are listed throughout article IV and the criteria is listed in section 7 of this article.

(B)

Site plan approval. All building or land development activities other than residential one- and two-family structures, regardless of the zoning district, must present an approved site plan of the building or land development activity to the building official prior to the issuance of any building and/or land development permits.

(C)

Zoning variance. Where strict enforcement of this ordinance may present an unnecessary hardship upon a lot or parcel of land, the owner may apply for a zoning variance. Such action requires a public hearing by the planning commission and approval by the city council at a scheduled meeting.

(D)

Amendment to the zoning map. An amendment to the zoning map is considered to be an amendment to the zoning ordinance. Such action requires a public hearing by the planning commission and approval by the city council at a scheduled meeting.

(E)

Amendment to the text of this ordinance. An amendment to the text of the zoning ordinance follows the same process as an amendment to the zoning map. However, a text amendment requires different materials to be included with the application.

(F)

(Reserved).

(G)

Permits required in conjunction with permits in this ordinance. The following are permits required by other government entities that may be applicable to a development project in Pooler:

(1)

Land disturbing activity permit. Under the Georgia Soil Erosion and Sedimentation Act (O.C.G.A. § 12-7-7), any disturbance of land of over 1 1/10 of an acre requires a land disturbing permit from the City of Pooler Building Official.

(2)

Construction in wetlands. In conjunction with Georgia DNR, the United States Army Corps of Engineers maintains the authority to delineate the location of wetlands and is responsible for permitting any land disturbing activity in them under Section 404 of the Federal Clean Water Act.

(3)

Individual well systems. If an individual well system is required for any land development, a well permit is required from the Georgia Department of Public Health.

(4)

Individual sewer systems. If a lot or parcel is not served by city sewer utilities a permit is required from the Chatham County Board of Health.

(5)

Entrances on state and federal highways (curb cuts). If the development of a lot, tract, or parcel requires an entrance onto a State or Federal Highway, a permit is required by the Georgia Department of Transportation.

(6)

Shallow wells for irrigation only. If a property owner decides to use a shallow well for the irrigation of his or her landscape, a well drilling permit must be obtained from the City of Pooler Building Official and the pump installation and design must meet the plumbing codes set forth by Southern Building Code Congress International and the laws of the state.

Fees for each individual permit or zoning action are subject to change by the City of Pooler City Council. Please see schedule of fees adopted by city council which are displayed in the Pooler Building and Zoning Office.

(A)

Minimum requirements for all applications. All applications for permits, zoning matters, or any action requested of the City of Pooler shall be dated upon submission and require the following minimum information:

(1)

Name, address and signature of applicant. (All 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 for the owner of the property. If the applicant is the agent of the owner, then said agent shall file, simultaneously with said petition, a notarized letter signed by the owner, authorizing said agent to file on his behalf),

(2)

Brief description of the land development activity and use of the land thereafter to take place on the subject property,

(3)

Address and location of the subject property for which such land development activity shall take place,

(4)

Name and address of owner of the subject property. Note: Applicant must either have proof of ownership of the property or signed and notarized affidavit from the owner granting the applicant permission to conduct such land development activity,

(5)

Current zoning and use of the property or properties,

(6)

Name and address of all adjacent property holders; and,

(7)

Name and address of participating contractors (building and construction, surveyor, architect, engineer, installer, developer, etc.),

(8)

The application number, date of application, and action taken on all prior applications filed for the reclassification of the whole or part of the land proposed to be reclassified,

(9)

If within two years immediately preceding the filing of the applicant's application for a zoning action, the applicant has made campaign contributions aggregating to more than $250.00 to any member of the city council or any member of the city planning commission, it shall be the duty of the applicant and the attorney representing the applicant to disclose the following in the application:

a.

The name of the local government official to whom the campaign contribution or gift was made;

b.

The dollar amount of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the map amendment and the date of each contribution;

c.

An enumeration and description of each gift having a value of $250.00 or more made by the applicant to the local government official during the two years immediately preceding the filing of the application for the zoning action; and

d.

In the event that no such gift or contribution was made, the application shall affirmatively so state.

(10)

Prior to consideration of any application under this article, the applicant must not be delinquent for any monies owed to the City of Pooler.

a.

If applicant is not the owner, this section shall apply to the owner of subject property;

b.

If applicant is not an individual, this section shall apply to officer(s), director(s), limited partner(s) or principal(s) of said entity.

No application shall be accepted which fails to meet these requirements.

(B)

Additional application requirements for a conditional use permit. All applications for uses permitted in a zoning district for conditional use must also include the following minimum information:

(1)

A more detailed description of the activities, number of units, and hours of operation of the proposed conditional use,

(2)

A preliminary site plan which includes items (1), (2), (3), and (6) of subsection (C) of this section,

(3)

A proposed starting date of land disturbance or construction, date of completion for all improvements, and use opening or date of first occupancy; and

(4)

A list of activities undertaken by the developer and subsequent occupant to mitigate all adverse impacts upon the surrounding properties before, during, and after the completion of development activities.

(C)

Additional application requirements for all site plan requirements and approval. The site development plan shall include, but not be limited to the following:

(1)

The location, size and other pertinent data of all land uses on the site including types, location and height of buildings, parking, open areas and landscaping,

(2)

Dimension setback lines from property lines and street right-of-way lines,

(3)

Adjacent thoroughfares and all curb cuts within 500 feet, including:

a.

Proposed new cut(s) onto public rights-of-way with turning radii, and width, and

b.

Dimensions of all rights-of-way,

(4)

Drainage plan to conform with city engineering department standards,

(5)

Location of all utilities,

(6)

Tabulated data including at least:

a.

Gross density of dwelling units,

b.

Parking ratio per dwelling unit,

c.

Percent and amount of land coverage by use, and

d.

Percent and amount of floor area by use and by type.

(7)

Topographical map showing existing and proposed contours at one-foot intervals and natural features, and

The planning commission may require elevations or other engineering or architectural drawings covering the proposed development. The city council will not act upon a zoning decision that requires a site plan until the site plan has met the approval of the city engineer or his designee.

(D)

Additional application requirements for a zoning variance. Applications for a zoning variance shall be submitted to the building official. All applications for a zoning variance must also include the following minimum information:

(1)

Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions.

(2)

A survey of the property signed and stamped by a State of Georgia Certified Land Surveyor.

No application for a site plan with a zoning variance request, which has been previously denied, shall be accepted by the zoning administrator until the expiration of at least 12 months immediately following the defeat by the city council of such variance request. However, if the request is for a lesser relaxation of the standards or for a different request, then an application and revised site plan may be submitted.

(E)

Additional application requirements for a zoning ordinance or map amendment. Applications for amendment of these regulations may be in the form of proposals to amend the text of these regulations or proposals to amend the zoning map. Applications for amendment shall be submitted to the zoning administrator. No application for a zoning change requesting the same zoning district classification and affecting the same parcel of property or part thereof shall be accepted by the zoning administrator until the expiration of at least six months immediately following the defeat of the rezoning request by the city council. However, if the request is for a different land use classification than the previous request, an application will be accepted. All applications for zoning ordinance or map amendments must also include the following minimum information:

(1)

Text amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

(2)

Map amendment. An application for a map amendment shall include the following information:

a.

A legal description of the land by lot, block, and subdivision designations, or if none, by metes and bounds,

b.

The property identification number from the tax records of Chatham County,

c.

The present and proposed land uses of the property petitioned for rezoning and all adjoining properties if under the same ownership,

d.

The names, addresses, and zip codes, at the date of filing of owners of property being rezoned and of property owners adjacent to and across any public right-of-way from the property being proposed for rezoning, including properties diagonally across an intersection,

e.

The area of the land proposed to be reclassified stated in square feet if less than one acre, and in acres if greater than one acre,

f.

All known previous applications for a map amendment affecting the same premises; and,

g.

A scaled map or plat, which shall be attached to each of the application forms required. Said map or plat shall show the property referred to in the application and all adjoining lots or parcels of land which are also under the same ownership.

Upon filing a completed application for a zoning action, a public hearing shall be scheduled and proper notice provided on such hearing. Proper public hearing notice procedures shall comply with the following requirements:

(A)

Published notice. Notice of public hearings before the city council as required by this section shall be published within a newspaper of general circulation within the territorial limits of the city. The notice shall state the time, place and purpose of the hearing. The notice shall also include the location of property that is the subject of the zoning action, the present zoning district of said property, and the proposed zoning action related to said property. Such notice for the official public hearing before the city council shall be published at least 15 days; but, not more than 45 days prior to the date of the hearing.

(B)

Signs posted. Where a zoning action of property is initiated, a designated official of the city shall post a sign at least 15 days prior to the city council public hearing, in a conspicuous place on the property for which an application for a proposed zoning action has been submitted. The sign or signs will contain information as to the current zoning district, the proposed zoning district or zoning action, and the date, time, and location of the public hearings before the city council.

(C)

Notification to adjacent property owners. At least seven days prior, but not more than 45 days before, the date of the public hearing, a notice setting forth the date, time, and place for such public hearing shall be sent by mail by the applicant to the property owner (if not the applicant) and all owners of property located adjacent to or across a public right-of-way from the property being proposed for a zoning action. The applicant shall make all reasonable efforts to notify any resident(s) of the property of such proposed zoning action when the owner does not reside on the property. The notice will be provided to the applicant by the zoning administrator and shall include the location of the property, its present zoning classification, and the proposed zoning action. The names and addresses of owners of such properties to be notified shall be provided by the applicant as set forth herein; provided, however, where a zoning action is initiated by the city, such names and addresses of owners of property located adjacent to or across a public right-of-way from property being proposed for rezoning shall be provided by the zoning administrator. Failure of the property owner to receive mailed notification shall not affect the validity of any zoning action.

(D)

Public notice related to specific requests. Notice of a public hearing related to certain, specific requests, including those related to a drug rehabilitation center, delegation of decision-making power to a quasi-judicial board, a revision of single-family use definitions or classifications to allow multi-family uses in such classifications or definitions, or granting blanket permission to allow deviations from the existing requirements for a single-family residential zoning, shall comply with the requirements of the Zoning Procedures Law for those items.

(Ord. No. O2023-04.B, § III, 5-1-2023; Ord. No. O2023-05.E, § I, 6-20-2023)

The following requirements are hereby established in accordance with the Zoning Procedures Law, for zoning actions as defined by this ordinance. Whenever a zoning action takes place, a hearing must be held before the public as noticed per Section 5 above. When an applicant requires more than one zoning action for a development project, a separate public hearing must be held for each procedure or action. The official public hearing before the city council is the public hearing of record. A public meeting, allowing for comments, shall be held by the planning and zoning commission prior to the official public hearing and shall follow the rules of conduct in subsection (A) below. The purpose of the public hearing is to consider information pertinent to the requested zoning action. During the hearing the following rules and actions shall be followed:

(A)

General rules of conduct. Whenever a public hearing is required by this ordinance or by state law prior to approving a zoning action, such public hearing, when conducted by the city council, or public meeting conducted by the planning and zoning commission, shall be conducted in accordance with the following procedures:

(1)

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

(2)

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

(3)

In accordance with the O.C.G.A. § 36-66-5, each side of a zoning action item (petitioner and staff) has a minimum of ten minutes to present either for or against the item. The presiding officer may allow additional time for each side if circumstances at the time warrant it.

(4)

The presiding officer or administrative staff shall be heard first, introducing the item and requested action and shall present any information or materials pertinent to the request.

(5)

If the subject of the hearing is initiated by an applicant other than the city, the petitioner requesting such zoning decision, or the applicant's agent, if present, shall be recognized first and shall be permitted to present reasoning and justification for the request for the zoning decision. Thereafter, all individuals who so desire shall be permitted to speak in favor of the zoning decision.

(6)

If the request is initiated by the city, all members of the city council shall be allowed to speak as they are recognized by the mayor or presiding officer, regardless of whether such city council member speaks in favor of or in opposition to the proposed zoning decision. Thereafter, all individuals who so desire shall be permitted to speak in favor of the zoning decision.

(7)

After all individuals have had an opportunity to speak in accordance with subsection 6(A)(5) and (6) above, those individuals present at the public hearing who wish to speak in opposition to the requested zoning decision shall have an opportunity to speak.

(8)

When any person wishes to speak at a public hearing, he shall raise his hand and, after being recognized by the presiding officer, shall stand and give his name, address, and make any comment appropriate to the proposed zoning decision. If within two years immediately preceding the filing of the applicant's application for a zoning action, the speaker has made campaign contributions aggregating to more than $250.00 to any member of the city council or any member of the city planning and zoning commission, it shall be the duty of the speaker to disclose the following information five days prior to the official public hearing:

a.

The name of the local government official to whom the campaign contribution or gift was made;

b.

The dollar amount of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the zoning action and the date of each contribution;

c.

An enumeration and description of each gift having a value of $250.00 or more made by the applicant to the local government official during the two years immediately preceding the filing of the application for the zoning action; and

d.

In the event that no such gift or contribution was made, the applicant shall affirmatively so state. Campaign disclosure forms are available at the Pooler City Hall during normal hours of operation. Also, campaign disclosure forms shall be made available to the public at the planning and zoning commission public meeting for use at the official public hearing before the city council.

(9)

Time limits may be imposed on the public speakers at the discretion of the Mayor. All public speakers are urged to make their comments brief and avoid repeating other comments.

(10)

The applicant, if present, shall have an opportunity, after all comments in opposition have been made, to make summary remarks concerning the proposed zoning decision.

(11)

Thereafter, the presiding officer shall announce that the public hearing, or public comment period, for the requested zoning decision is closed, and the city council or the planning and zoning commission, as the case may be, shall immediately and openly discuss the proposed zoning decision and vote on action which they are authorized to take.

(12)

The public hearing shall provide the opportunity for hearing and addressing comments, questions, and concerns related to zoning actions from an applicant or members of the public. No further public comments shall be made relating to the zoning action once the public hearing has been closed, except when waived via motion approved by Council per its rules of procedure or recalling a speaker per subsection 6(C)(3) below.

(B)

Actions specific to the planning and zoning commission during a public meeting. For zoning actions in the City of Pooler, the planning and zoning commission is a recommending body and all final decisions must be made by the city council. However, the planning and zoning commission has an important role in the public input process. This role is as follows:

(1)

All proposed zoning actions shall be reviewed by the planning and zoning commission in a public meeting in accordance with the procedures set forth in subsection 6(A) above.

(2)

The planning and zoning commission shall review and consider a recommendation to the city council with respect to the application for a zoning action. The planning and zoning commission may decide to make no recommendation or it may make any of the following recommendations with respect to an application for a zoning action: Approval, denial, deferral, withdrawal without prejudice, reduction of the land area for which the application is made, change of the zoning district requested, or imposition of zoning conditions.

(3)

The planning and zoning commission shall submit its recommendation on a zoning action application to the city council prior to the scheduled public hearing in which the city council will consider the application for a zoning decision. If the planning and zoning commission fails to submit a recommendation prior to the public hearing, the planning and zoning commission's recommendation shall be deemed one of approval.

(C)

Actions specific to the city council during a public hearing.

(1)

Before taking action on a proposed amendment and after receipt of the planning and zoning commission's recommendations and reports thereon, the city council shall hold a public hearing on the proposed request in accordance with the procedures set forth in subsection 6(A) above.

(2)

So that the purpose of this zoning ordinance will be served and so that health, public safety and general welfare will be secured, the city council may in its legislative discretion:

a.

Approve or deny the proposed zoning action as submitted;

b.

Reduce the land area for which the application is made;

c.

Change the zoning district to one other than that requested; or

d.

Add or delete zoning conditions as the city council deems appropriate. If conditions are imposed on a zoning map amendment or conditional use permit, the minutes should reflect explicitly the conditions and a written copy attached to the minutes as part of the record. Once conditional zoning is applied, the zoning conditions can be changed in accordance with the procedures set forth herein.

(3)

At the same meeting which the public hearing is held, nothing shall preclude city council from recalling an applicant or member of the public to obtain clarification of any information provided or discussed once a public hearing has been closed.

(D)

Public hearings records standards. The city clerk or agent of the city clerk shall record the proceedings of all zoning public hearings, a copy of which shall be made part of the official record of the public hearing. Any public hearing may be reported as provided in O.C.G.A. § 5-3-14. If a public hearing is officially reported as provided in O.C.G.A. § 5-3-14, the transcription of the evidence and proceedings shall become part of the official record of the public hearing. In the event a public hearing is not officially reported under O.C.G.A § 5-3-14, any evidence (e.g. maps, drawings, traffic studies, etc.) submitted by an applicant or any other person for consideration by the city council at the public hearing shall be marked for identification, including a notation of the proponent, and shall become part of the official record of the public hearing.

(E)

Deferral of on application for zoning action.

(1)

Applicant. Any applicant wishing to defer an application for zoning action prior to final action on the application shall file a written request for deferral with the zoning administrator.

(2)

Written requests to the zoning administrator.

a.

Any request submitted in writing shall be by the applicant, property owner, or property owner's authorized agent.

b.

If a request for deferral is received prior to public notice being published (or irretrievably set for publication) for the public hearing, the application shall be deferred administratively by the zoning administrator.

(3)

Deferral request made after public hearing has been advertised. If a request for deferral is received after public notice has been published (or irretrievably set for publication) for the public hearing, the application may only be deferred by city council at the scheduled meeting wherein the application is set for consideration. The applicant should also be present at the meeting to verbally state the request to defer.

a.

Any request to defer action on an item shall not be taken up until after the public hearing has been held, unless the request includes deferment of the public hearing, when the public hearing has been advertised.

b.

Applicants may make a verbal request for deferral physically at the meeting their item is scheduled for action and, if so, shall be accompanied by a written request to the zoning administrator.

c.

Regardless of the applicant's presence or non-presence at the scheduled meeting, council may take any action on the application as it deems appropriate, including without limitation approval or denial of the request for deferral, or any other permissible action.

d.

In the event an applicant seeks to make changes to the request once the public hearing is closed, other than asking for zoning conditions, a request for withdrawal would need to be submitted and a new application filed.

(4)

Period of inaction and need for re-noticing. In the event a public hearing has been held, a deferral is provided by council, and final action on the application is not taken within 90 days of the held public hearing, a secondary public hearing shall be required. The public hearing shall follow all notice and procedure requirements as found within section 5 and 6(A) above.

(5)

Fee required for cost of advertising. The applicant shall be responsible for the actual costs of any notice publication requirements for public hearing following a granted deferral. The required costs must accompany a written request for deferral. If an additional public hearing is not advertised, the submitted costs shall be refunded to the applicant.

(6)

Limitations on deferrals. An applicant seeking a deferral shall be limited to two requests for any application requiring a public hearing. Applicants seeking to defer a third time may make a final request verbally before city council, in accordance with subsection 6(E)(4) above, or withdraw the application, per subsection 6(F) below.

(F)

Withdrawal of an application for zoning action.

(1)

Applicant. Any applicant wishing to withdraw an application for zoning action prior to final action on the application shall file a written request for withdrawal with the zoning administrator.

(2)

Written requests to the zoning administrator.

a.

Any request submitted in writing shall be by the applicant, property owner, or property owner's authorized agent.

b.

Any request for withdrawal shall immediately remove the application from consideration with no further action necessary regarding that application.

(3)

Forfeiture of application fees. Any application that is withdrawn shall forfeit any submitted fees associated with that request.

(Ord. No. O2023-04.B, § III, 5-1-2023; Ord. No. O2024-07.A, § I, 10-21-2024)

Land uses listed in article IV of this ordinance that are permitted as conditional uses must follow an administrative procedure prior to the issuance of any land development permit.

(A)

Review criteria. The planning commission shall hear and make recommendation upon such uses in a district that are permitted as conditional uses. The application to establish such use shall be approved by the city council on a finding that:

(1)

The proposed use will not be contrary to the purpose of this ordinance,

(2)

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood or adversely affect the health and safety of residents and workers,

(3)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement acquainted with the use, noise or fumes generated by or as a result of the use, or type of physical activity associated with the land use,

(4)

The proposed use will not be affected adversely by the existing uses of adjacent properties,

(5)

The proposed use will be placed on a lot which is of sufficient size to satisfy the space requirements of said use,

(6)

The parking and all development standards set forth for each particular use for which a permit may be granted will be met; and,

(7)

The action will not adversely impact adjacent or nearby properties in terms of property values, by rendering such properties less suitable and therefore less marketable for the type of development to which they are committed or restricted in order to promote the public welfare and protect the established development pattern.

(B)

Additional mitigation requirements. The planning commission may suggest and the city council may impose or require such additional restrictions and standards (e.g., increased setbacks, buffer strips, screening, etc.):

(1)

As may be necessary to protect the health and safety of workers and residents in the community; and

(2)

To protect the value and use of property in the general neighborhood.

(C)

Adherence to requirements. Provided that wherever the city council shall find in the case of any permit granted pursuant to the provisions of these regulations, noncompliance of any term, condition, or restrictions upon which such permit was granted, the city council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

(D)

Permit longevity. Conditional use permission granted by the city council shall be valid for a period of 12 months from date of approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by city council.

The site plan approval process is intended to provide the general public, planning commission, and city council with information pertinent to how a new development will affect the surrounding area and the city as a whole. Site plan approval does not constitute approval of any other zoning action or permit.

(A)

Process. Upon submittal of the site plan, staff will review the site plan for noticeable discrepancies and determine if there is a need to apply for other zoning actions. The site plan is then forwarded to the applicable city departments for additional review and comment(s). Staff will then provide such comments to the applicant. The applicant is responsible for addressing all comments from the city staff, after which it shall be submitted for review by the planning and zoning commission and then the regularly scheduled meeting of the city council. Minor site plans may be reviewed and approved by city staff without the need for review and approval by the planning nd zoning commission and city council. The minor site plan review process shall not be used for new buildings or building additions. Minor site plans shall include only the following: any non-structural development or redevelopment involving less than 5,000 square feet of surface area and less than one-acre of land disturbing activities; any non-structural expansion of an existing use by up to 25 percent of the original approved site plan; any changes in site layout or design that do not involve wetlands or buffer alterations; but excludes any site changes that require a variance.

(B)

Site plan approvals pursuant to this article are valid for a period of one year from the date of approval, after which the approval expires.

(C)

If a person or entity submits a site plan more than one year following its approval to the building official for issuance of a building and/or land development permit, the site plan must be resubmitted for new approval, adhering to all applicable rules and provisions for new site plans, including fees assessed in accordance with section 3 of this article. The city shall not have a duty to retain site plans for which approval has expired except as may be required by state law.

(D)

Revisions to an approved site plan shall be reviewed and approved in accordance with subsection (A) above. However, in instances where the revisions to an approved site plan are minor changes, the revised plans may be reviewed and approved by staff. It is solely in staff's discretion whether a minor site plan application process applies or if a project requires full site plan review.

(E)

Standards for site plan approval. In order to promote the public health, safety, and general welfare of the City of Pooler against the unrestricted development upon property, the following standards and any other factors relevant to balancing the above stated public interest will be considered, when deemed appropriate, by city council in approving any site plan:

(1)

Whether the site plan is consistent with the Comprehensive Plan for the City of Pooler and any other small area plans;

(2)

Whether the site plan provides for adequate pedestrian and traffic access;

(3)

Whether the site-plan provides adequate space for off-street parking and loading/unloading zones where applicable;

(4)

Whether the site plan provides for appropriate location, arrangement, size, and design of buildings, lighting, signs, giving due consideration to the applicable zoning district(s);

(5)

Whether the site plan is appropriate in scale and relation to proposed use(s) to one another and those of adjacent properties;

(6)

Whether the proposed development site is adequately served by existing or proposed public facilities, including roads, water, sanitary sewer, and stormwater infrastructure;

(7)

Whether the proposed development site is adequately served by other public services to account for current or projected needs;

(8)

Whether the site plan provides adequate protection for adjacent properties against noise, glare, unsightliness, or other objectionable features;

(9)

Whether the site plan provides adequate landscaping, including the type and arrangement of trees, shrubs, and other landscaping, which may (or may not) provide a visual or noise-deterring buffer between adjacent properties; and

(10)

Whether the site plan provides for improvements in accordance with all applicable federal, state, and local laws including without limitation the Code of Ordinances for the City of Pooler.

(Ord. No. 2021-08.A, § I, 9-21-2021; Ord. No. O2024-04.B, § I, 5-20-2024)

(A)

Standards. After an application has been submitted to the zoning administrator, reviewed by the planning commission, and a public hearing has been held by the city council, the city council may grant a variance from the strict application of the provisions in this ordinance only if at least two of the following findings are made:

(1)

That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, peculiar to the particular property,

(2)

That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the zoning ordinance, without undue hardship to the property,

(3)

That granting the variance will not result in authorization of a use not otherwise permitted in the district in which the property is located or cause substantial detriment to the public good.

(B)

Height variances. For residential height variances the petitioner shall be required to add two feet to each side yard set back for each one foot above 35 feet in height and have safe guards consisting of sprinkler systems, smoke detectors and any other fire protection equipment deemed necessary at the time by city council. Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above the 35 feet height, and have safe guards consisting of sprinkler systems, smoke detectors, and any other fire protection deemed necessary at the time by city council.

(C)

Permit longevity. After a variance has been granted by the city council it shall be valid for a period of 12 months from date of approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by city council.

In order to promote the public health, safety, and general welfare of the City of Pooler against the unrestricted use of property, the following standards and any other factors relevant to balancing the above stated public interest will be considered, when deemed appropriate, by the city council in making any zoning decision:

(A)

Is this request a logical extension of a zoning boundary which would improve the pattern of uses in the general area?

(B)

Is this spot zoning and generally unrelated to either existing zoning or the pattern of development of the area?

(C)

Could traffic created by the proposed use or other uses permissible under the zoning sought traverse established single-family neighborhoods on minor streets, leading to congestion, noise and traffic hazards?

(D)

Will this request place irreversible limitations on the area as it is or on future plans for it?

(E)

Is there an imminent need for the rezoning and is the property likely to be used for the use requested?

(F)

Will the proposed use substantially conflict with existing density patterns in the zone or neighborhood?

(G)

Would the proposed use precipitate similar requests which would generate or accelerate adverse land use changes in the zone or neighborhood?

(H)

Will the action adversely impact adjacent or nearby properties in terms of:

(1)

Environmental quality or livability resulting from the introduction of uses or activities which would create traffic, noise, odor or visual hazards or the reduction of light and air that is incompatible with the established development pattern.

(2)

Property values, by rendering such properties less suitable and therefore less marketable for the type of development to which they are committed or restricted in order to promote the public welfare and protect the established development pattern.

(3)

Will the action create development opportunities of such increased intensity that stormwater runoff from the site cannot be controlled within previous limits, with [which] results in adverse impacts upon existing down-stream drainage problems or potential problems?

(I)

Will the action result in public service requirements such as provision of utilities or safety services which, because of the location or scale of the development, cannot be provided on an economic basis and therefore would create an actual burden to the public?

To protect the health, safety, and general welfare of the community, it has been determined to be necessary to adopt the following traffic impact requirements for the transportation system of the City of Pooler. Transportation is paramount to any community and studies shall be conducted to promote continued mobility of the system and provide improvements when adverse impacts arise. The traffic impact ordinance shall establish a minimum standard of traffic operations for the transportation system and provide for an administrative process to assure that no development is undertaken that would result in a lowering of the level of traffic operations below that established minimum standard. Dependent upon the impacts generated by the development, one of the following submissions will be required.

(A)

Technical memorandum. A technical memorandum is required when the project is likely to add less than 100 peak hour trips, and the adjacent intersection(s) are presently estimated to be operating at Level of Service (LOS) E or F. The scope for preparing a technical memorandum, which is a significantly scaled-down version of a traffic study, must be reviewed and approved by the City of Pooler. At a minimum, the potential impacts to intersections adjacent to the project should be evaluated. The technical memorandum shall be prepared under the direction of, and signed by, a professional engineer, registered in the State of Georgia to practice either traffic or civil engineering.

(B)

Traffic impact study. Shall be prepared under the direction of, and signed by, a professional engineer, registered in the State of Georgia to practice either traffic or civil engineering.

A traffic impact study, if required, must be performed in accordance with the general guidelines recommended in the Institute of Transportation Engineers (ITE) publication, Traffic Access and Impact Studies for Site Development, unless otherwise specified in this article or as directed by the city. A traffic study must include the projected traffic from all previously approved projects that are not yet in place at the time of the study. The extent of the study area must be clearly defined by the developer and approved by the city prior to actually initiating the study. And the study must, as a minimum, include a thorough analysis of the A.M. and P.M. peak-hour traffic over the study area.

(1)

Study warrants. A traffic impact study shall be required if one of the following conditions is met:

a.

Land use intensity warrant. This warrant is met when 175 residential lots or 100 peak hour trips are generated as defined in the ITE publication, Traffic Access and Impact Studies for Site Development.

b.

Level-of-service warrant. This warrant is satisfied when Level of Service (LOS) "D" exists on the adjacent street, or the proposed development causes the LOS to drop to a "D". LOS determination should be in accordance with the procedures described in the Transportation Research Board Highway Capacity Manual.

c.

Roadway modifications warrant. This warrant is met when the proposed development is expected to significantly impact a road segment identified for improvement in the Transportation Improvement Program. It is also met when projected traffic will require modifications to the roadway system, such as turn lanes and deceleration lanes, to accommodate site generated traffic.

d.

Special cases. This warrant is satisfied when traffic generated from the development compromises the existing roadway system and may create safety, operational or other traffic problems in the vicinity of the site. This includes, but is not limited to, proposed driveways located within the functional limits of intersections, sight distance restrictions, requests for median openings, and recurring accidents on the adjacent street.

(2)

Study procedure. The impact study should be conducted under the supervision of a licensed and experienced traffic/transportation engineer. The study report will need to be certified and is the responsibility of the developer. Required components of a traffic impact study are:

a.

Land uses. A description of the land uses in the proposed development and any known proposed uses for other property in the surrounding area.

b.

Existing transportation system. A description of the existing transportation system with the study area and its existing capacities and structural ability to carry the additional traffic being generated.

c.

Trip generation. Trip generation estimations of the daily vehicular traffic, street am and pm peak hour volumes, and site am and pm peak hour volumes are to be obtained using the most recent edition of the ITE Trip Generation manual. Adjustments must be made for pass-by trips and mixed-use internal capture.

d.

Trip distribution. Show method of trip distribution on existing street roadway network.

e.

Recommendations. Identify measures to be implemented by the developer to mitigate the traffic impact, including onsite, proposed entrances and offsite roadway improvements.

f.

Improvement analysis. Show proposed programming of physical and operational improvements to accommodate site traffic. Additional analysis may be required and is site specific. This information includes:

(i)

Traffic signal warrant analysis using the FHWA Manual on Uniform Traffic Control Devices. The analysis

(ii)

Internal circulation and parking. Safety analysis which may include accident experience, restricted sight distance, pedestrians and bicycles.

(iii)

Capacity analysis and required storage at all proposed access points and intersections within the study area, using the current edition/version of the Highway Capacity Manual/Software.

(iv)

Neighborhood impacts, including cut through traffic, increased delay and proposed mitigation.

(v)

Distance from existing median openings if a median opening is being requested.

(vi)

Queuing if the proposed driveway is with the functional limits of an intersection.

(vii)

For an unsignalized intersection, the average total delay per vehicle shall not exceed 45 seconds.

(viii)

For a signalized intersection, the volume to capacity composite ratio shall not exceed 1.10 and the average total delay per vehicle shall not exceed 60 seconds.

(ix)

The delays referred to in (8) and (9) above shall be calculated according to the methodology described in the Highway Capacity Manual, latest edition.

(3)

Evaluation and determination. Each required traffic impact study will be evaluated by the city as to its technical accuracy and its impact on the established minimum standard of traffic operations. The cost of this evaluation shall be reimbursed to the city by the developer; and each evaluation shall produce a determination that a proposed project either complies with the standard or it does not comply.

a.

If it is determined that a proposed project complies with the established minimum standard of traffic operations, a development permit shall be issued for the project, provided it meets all other applicable city codes and ordinances.

b.

If it is determined that a proposed project will not comply with the established minimum standard of traffic operations, the developer may:

(i)

Reach an agreement with the city on a plan to mitigate the negative impact the project will have on traffic; or

(ii)

Delay implementation until traffic is reduced in the corridor by other capital improvements to the point where the proposed project complies with the established minimum standard of traffic operations.

(iii)

If a developer reaches an agreement with the city on a plan to mitigate the negative impact of a project in accordance with b.(i) above, a development permit shall be issued for the project, provided the mitigation plan is fully implemented as a part of the permitted work, and provided the project, including the mitigation plan, meets all other applicable city codes and ordinances.

(iv)

If a developer delays implementation of a project in accordance with b.(ii) above, a development permit shall be issued for the project upon completion of other capital improvements that reduce traffic to the point where the project is able to comply with the established minimum standard of traffic operations, provided the project meets all other applicable city codes and ordinances, as well as all other portions of this article.

(4)

Expiration of determination.

a.

For any project for which a traffic impact analysis is required by this article, a traffic impact determination must be issued prior to final site plan approval or preliminary plat approval. That determination shall expire if a developer fails to secure a development permit for the project within 90 days of the date the determination is made.

b.

A traffic impact determination shall expire if a developer fails to initiate construction on a project within 90 days of the issuance of a development permit.

c.

A traffic impact determination shall expire if a developer ceases work on a project for more than 60 consecutive days after a development permit is issued.

d.

If a traffic impact determination expires for any of the above reasons, the developer, if he wishes to pursue the proposed project, shall be required to repeat the entire analysis and evaluation process, and shall have no vested rights as a result of the expired determination.

(A)

Zoning enforcement officer. The city council shall provide for the enforcement of this chapter by appointing a building official, who shall, jointly with other inspections personnel, have the right to withhold building permits. The building official shall not have the authority to grant approval to any building permit that does not meet the requirements of the zoning ordinance.

(B)

Violations. Any building or structure that is erected, altered, converted, or maintained in violation of this Code shall be subject to a minimum penalty of $500.00. Continuance of a violation shall be considered a separate and distinct offense for every day the violation is continued. Furthermore, such structure that is in violation of this Code is not eligible to petition for a variance or other zoning action and will be subject to fines until the structure is brought within compliance of this Code.

(C)

Enforcement of violations. When the building official finds that any provision of this ordinance is being violated, the building official or agent thereof shall execute the following procedures:

(1)

Thirty days prior to legal action by the city, send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional notices may be sent at the building official's discretion.

(2)

Fifteen days prior to legal action by the city, send a final notice by certified mail stating the action the building official intends to pursue if the violation is not corrected and shall advise that the building official's decision may be appealed to the city council at the next scheduled meeting.

(3)

Upon approval by city council the building official shall file the complaint with the Clerk of the Municipal Court of Pooler.

a.

Upon receipt of the complaint, the clerk of the municipal court shall cause the complaint and a hearing notice to be issued and served upon the owner of and any parties in interest in the property or sign which is involved in or is the subject of the complaint. Such hearing shall be held before the judge of the municipal court not less than ten days nor more than 30 days after service of the complaint.

b.

Complaints or orders issued by the municipal court pursuant to the provisions of this ordinance shall, in all cases, be served upon each person in possession of said property, each owner, and each party in interest; and the return of service signed by the public officer or his agent or an affidavit of service executed by any citizen of this state, other than the resident initiating the complaint; and the return of such public officer or agent thereof or the affidavit of such citizen that such party or parties were served either personally or by leaving a copy of the complaint or order at the residence shall be conclusive as to such service.

c.

If any of the owners and parties in interest reside out of the city, service shall be perfected by causing a copy of such complaint or orders to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties or such service may be made by any citizen; and the return of services signed by the public officer or his agent or an affidavit of service executed by any citizen of this state, other than the resident initiating the complaint; and the return of such sheriff or lawful deputy or the affidavit of such citizen that such party or parties were served either personally or by leaving a copy of the complaint or order at the residence shall be conclusive as to such service.

d.

Nonresidents of this state shall be served by posting a copy of such complaint or orders in a conspicuous place on premises affected by the complaint or orders. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered or certified mail.

e.

In the event either the owner or any party in interest is a minor or an insane person or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or municipality or is a nonresident he shall be served as provided for in subsection (C)(3)d. of this section. If such guardian or personal representative or in the event such minor or insane person lives outside the city or is a nonresident, service by leaving a copy at the place of his residence which shall be sufficient evidence as to the service of such person or persons; in the case of other person who live outside of the city or are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such person.

f.

In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the building official in the exercise of reasonable diligence, the building official shall make an affidavit to that effect. Then the service of such complaint or order upon such persons shall be made in the same manner as provided in subsection (C)(3)d. of this section or service may be perfected upon any person, firm, or corporation holding itself out as an agent for the property involved.

g.

A copy of such complaint or orders shall also be filed in the proper office or offices of the Pooler Municipal Court and such filing of the complaint or orders shall have the same force and effect that appropriate lis pendens notice may contain a statement to the effect that a lien may arise against the described property and that an itemized statement of such lien is maintained on a lien docket maintained by the city clerk.

(D)

Complaints regarding violations. Whenever the zoning enforcement officer receives a written, signed complaint alleging a violation of this ordinance, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.

(E)

Persons liable for violations. The owner, tenant, or occupant of any building or land or part thereof and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(A)

Other city actions affected by city council shall not approve an alcohol beverage license to any establishment that is not in compliance with this ordinance.

(B)

Occupational taxes. No business shall receive an occupational tax certificate unless such business is in compliance with this ordinance.

(C)

Chatham County tax assessment. Zoning actions conducted by the City Council of Pooler may affect the tax assessed value of a lot or parcel in Pooler. It is the responsibility of the land owner to notify the assessor of such changes.

(A)

Appellant. Any person aggrieved by an administrative action or interpretation of an administrative official may initiate an appeal directly to the city council.

(B)

Initiation of administrative appeal.

(1)

An administrative appeal shall be taken within 30 days of the action or interpretation appealed from, by filing the appeal in writing with the zoning administrator. The zoning administrator shall transmit a notice of said appeal to the city council specifying the grounds thereof.

(2)

The holder of or applicant for a development permit or a building permit may appeal any action taken by an administrative official, including the following:

a.

The suspension, revocation, modification or approval with conditions of a development permit or building permit upon finding that the holder is not in compliance with the approved erosion and sedimentation control plan or other approved plans.

b.

The determination that the holder is in violation of development permit or building permit conditions or requirements.

c.

The determination that the holder is in violation of any other provision of this Development Code.

(3)

The zoning administrator may initiate an administrative appeal independently when an interpretation or clarification of the meaning of words or phrases, of the particular boundaries of a zoning district or of any other provision of this zoning ordinance is needed.

(C)

Temporary suspension of legal proceedings. An appeal of an administrative decision stays all legal proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is made certifies to the city council, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in such administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order granted by a court of competent jurisdiction due cause shown.

(D)

Action by the city council.

(1)

Upon receiving a notice of an administrative appeal, the zoning administrator shall assemble such memos, papers, plans or other documents from the appellant as may constitute the record for the appeal or as may provide an understanding of the issues involved.

(2)

The zoning administrator shall transmit the administrative appeal request and all related documentation to the city council such that the administrative appeal request can be considered by the council within 30 days of the filing of the appeal with the planning director.

(3)

The city council, upon an administrative appeal by an aggrieved party (or at the independent request of the zoning administrator), shall consider the appeal within 30 days of the filing of the appeal with the zoning administrator, and may:

a.

Decide appeals from any order, determination, decision or other interpretation by any person acting under authority of this zoning ordinance, where a misinterpretation or misapplication of the requirements or other provisions of this zoning ordinance is alleged.

b.

Interpret the use of words or phrases within the context of the intent of this zoning ordinance.

c.

Determine the boundaries of the various zoning districts where uncertainty exists.

d.

Interpret such other provisions of this zoning ordinance as may require clarification or ex-tension in specific or general cases.

(4)

Decisions of the city council. In exercising its powers on administrative appeals, the city council may, in conformity with the provisions of this zoning ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination and to that end shall have all the powers of the official from whom the appeal is taken and may issue or direct the issuance of a permit.