Intent and Purpose. The intent and purpose of this article are to establish a uniform set of submittal, processing, and review requirements for land development proposals and new structure requests to determine compliance with the requirements and standards of this ordinance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Application.

1.

Application. Requests for review and approval of uses, activities, construction, and development required by the Zoning Ordinance shall be provided on official City application forms. An application shall be submitted to the Community Development Department during normal office hours.

2.

Authority to File Applications. Applications shall only be submitted by an owner of the property subject to the request or an agent authorized in writing by the owner.

3.

Deadline. For all requests that require Planning Commission or Zoning Board of Appeals review, complete applications shall be submitted by the deadlines established by the Planning Commission and Zoning Board of Appeals for the meeting in which the applicant desires the request to be considered.

4.

Contact Person and Meeting Representation. The application shall indicate one (1) person as the primary contact. The Zoning Administrator or other authorized City official will communicate with the contact person concerning the application and review procedures. The applicant shall notify the City in writing if there is a change in the contact person. The contact person shall be present at all scheduled review meetings, or consideration of the application may be postponed due to lack of representation.

B.

Fees.

1.

Administrative Fee. Required administrative fees shall be paid to the City at the time of application submittal. Administrative fees are non-refundable unless the project is withdrawn prior to administrative time and effort spent on review and processing. The fee schedule is set and approved by the City Council.

2.

Professional Review Fees. An applicant shall also submit a professional review fee set and approved by the City Council. This fee is an estimate of the costs which may be incurred by the City in reviewing and acting upon development proposals.

C.

Content. Applicants shall refer to the submittal checklists and shall provide the items required that are specific to the request.

D.

Completeness Review.

1.

Requirement. An application submitted for review in accordance with this article shall be submitted in complete form, including the application, required checklist items, and applicable fees.

2.

Completeness Determination. If deemed to be complete by the Zoning Administrator or other authorized City official, an application will be formally processed and reviewed. If the Zoning Administrator or other authorized City official waives required checklist items, the application may be deemed complete if all other items are received.

3.

Incomplete Application. If deemed incomplete by the Zoning Administrator or other authorized City official, the applicant will be informed within fourteen (14) days of such determination, and the application will not be formally processed and reviewed until it is determined to be complete.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Review Authorities. Table 12.30 summarizes application types and review authorities under the Zoning Ordinance.

B.

Zoning Administrator Reviews.

1.

Zoning Permits.

a.

Zoning Permit—Use Compliance. A change from one (1) permitted use to another permitted use, or establishment of a new permitted use, is subject to a use compliance review.

b.

Zoning Permit—Structure Compliance. Buildings and structures that do not require site plan review per this ordinance are reviewed administratively. Zoning permits are valid for one (1) year and expire if the structure or building construction does not commence within this timeframe.

c.

Zoning Permit—Certification of Site Compliance. Once all site work associated with a site plan is complete, the Zoning Administrator shall issue a zoning permit.

d.

Zoning Permit—Minor Site Plan Amendment. For a minor amendment to a site plan in accordance with this ordinance which meets zoning requirements, the City Manager shall issue a zoning permit.

2.

Building Permits and Certificates of Occupancy. Building permits and certificates of occupancy are processed in accordance with the building code. However, as the process relates to the Zoning Ordinance, the following applies:

a.

Building permits shall not be issued for building construction until all applicable zoning and site plan approvals are secured, as applicable, and after all conditions of approval are satisfied. However, at the discretion of the Zoning Administrator, building permits may be issued conditionally so long as site plan requirements are satisfied prior to the issuance of a certificate of occupancy.

b.

Certificates of Occupancy shall not be issued until all applicable site improvements are installed and certified as complete by the Zoning Administrator or other authorized City Official. However, at the discretion of the Zoning Administrator, Temporary Certificates of Occupancy may be issued conditionally so long as required site improvements are completed within a specified timeframe. Performance guarantees may be required pursuant to this ordinance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Requirements. Whenever a public hearing is required by this ordinance, the notification requirements of this section shall be followed.

B.

Legal Notice. Notice of public hearings shall be published within a newspaper of general circulation within the City in which are carried the legal advertisements of the City or as permitted by State law. The notice shall state the time, place, and purpose of the hearing and include the location of the property that is the subject of the zoning action, the present zoning district of the property, and the proposed zoning district or proposed zoning action, as applicable. The notice shall be published once, at least fifteen (15) days but not more than forty-five (45) days, prior to the date of the hearing.

C.

Signs Posted. Where a zoning action of property is initiated by an individual or a property owner, the Zoning Administrator shall post a sign at least fifteen (15) days prior to the required public hearing in a conspicuous place on the property that is the subject of an application. 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 hearing.

D.

Notification to Adjacent Property Owners. At least fifteen (15) days, but not more than forty-five (45) days before the date of the public hearing, a notice setting forth the date, time, and place for the hearing shall be sent by mail to the applicant, the Mayor and council, and all owners of property located adjacent to, or within three hundred (300) feet of, or across a public right-of-way from the property that is the subject of the zoning application. The notice shall also include the location of the property, its present zoning classification, and the proposed zoning classification or requested zoning action. The names and addresses of owners of those properties to be notified shall be provided by the applicant. However, where a map amendment is initiated by the Planning Commission the names and addresses of those adjacent property owners shall be provided by the Zoning Administrator. Failure of the Zoning Administrator to send notices or failure of the property owner to receive notice shall not affect the validity of any zoning action. This procedure exists as a supplement to the legally required notification procedures.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Recommendations. A recommending authority shall review an application against applicable zoning requirements and standards and shall provide a recommendation to the decision-making authority.

B.

Decisions. The decision-making authority provides final decisions on all applications.

C.

Appeals. Final decisions may be appealed to an appeal authority.

D.

Actions. Recommendations and final decisions are limited to the following:

1.

Approval.

2.

Approval with conditions.

3.

Denial.

4.

Postpone or table action (not available for zoning permit reviews).

E.

Records and Findings. Action taken regarding an application, along with the findings in support of that action, shall be recorded in the meeting minutes and by resolution or ordinance, if applicable. Actions of the Zoning Administrator shall be documented in writing. Copies of all officially approved plans shall be filed at the City Offices.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Applicability. Reasonable conditions of approval may be recommended by the Planning Commission and approved by the City Council for rezonings, Planned Unit Developments, and special use approvals. Conditions may also be applied to variance approvals by the Zoning Board of Appeals.

B.

Criteria. Conditions shall be designed to ensure compliance with the intent of the Zoning Ordinance and shall be based on the following criteria. Conditions shall:

1.

Ensure that there will be no adverse impact on public services and facilities;

2.

Ensure that the use is compatible with adjacent and nearby land uses and activities;

3.

Protect natural resources; the health, safety, welfare, and social and economic well-being of those who will use the land use or activity under consideration; residents and landowners immediately adjacent to the proposed land use or activity; and the community as a whole;

4.

Ensure compatibility between the proposed use or activity and the rights of the City to perform its governmental functions;

5.

Meet the intent and purpose of the Zoning Ordinance, be related to the regulations and standards established in the ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards; and

6.

Ensure compliance with the intent of other City ordinances that are applicable to the site plan.

C.

Performance Guarantee. A performance guarantee in accordance with this ordinance may be incorporated as a condition of approval.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

To ensure compliance with this ordinance and any conditions of project approval, the City may require a cash deposit, certified check, irrevocable letter of credit, or surety bond covering the estimated cost of improvements to be accepted by the City to ensure completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The City shall not require the deposit of the performance guarantee until it is prepared to issue the permit. The City shall rebate cash deposits based on an established policy. The monetary value of a performance guarantee shall be approved by the City Engineer and Zoning Administrator.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Purpose. Administrative adjustments are intended to allow the Zoning Administrator or their designee to review and approve minor deviations from specified zoning requirements. This authority provides limited flexibility to consider requests for adjustments without requiring an applicant to seek a variance or amendment to this ordinance.

B.

Process and Authority. An administrative adjustment shall only be reviewed as part of a formal development application or as a minor amendment to a plan. The Zoning Administrator or their designee may approve an adjustment if the applicant provides justification that the adjustment will address an unusual or unique site or building condition and does not result in an adverse or incompatible effect on adjacent property. At their discretion, Zoning Administrator or their designee may forward the adjustment request to the Planning Commission for review and action.

C.

Justification. The applicant shall submit documented justification for the request and demonstrate that there is an unusual or unique site or building condition that warrants an adjustment.

D.

Effect of Approval. An administrative adjustment shall only apply to the specific requirement and aspect of a site plan or building plan as indicated on the plan and is only valid if developed or built in the manner shown on the plan.

E.

Validity. Approval of an administrative adjustment expires in two (2) years unless substantial construction has commenced and is continuing.

F.

Allowable Administrative Adjustments. The Zoning Administrator or their designee may grant adjustments for the following requirements to the limitations noted in Table 12.80.

G.

Prohibited Adjustments. Any adjustment inconsistent with adopted building codes, fire codes, and engineering requirements, or the use of an adjustment on the same requirement and aspect of a site, is prohibited.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

The intent of this article is to establish a uniform set of requirements for the planning and design of developments within the City to achieve the following objectives to determine compliance with the provisions of this ordinance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Varying levels of site t plan review are established, depending on the scale of the proposed development and potential impacts it may have on the community and immediate surroundings. This section defines the parameters under which varied levels of plans will be required for all commercial, industrial, institutional, and residential development and defines the required review as follows:

A.

Administrative Review. The Zoning Administrator shall review site plans in connection with the creation of a use or the erection of a building or structure as indicated in Table 13.20.

B.

Preliminary Concept Plan Review. After review and recommendation by the Planning Commission, the City Council shall act upon all concept plans in connection with the creation of a PUD district and as otherwise required in Table 13.20.

C.

Final Plan Review. The Zoning Administrator shall act upon all final site development plans as indicated in Table 13.20.

D.

Applicable Projects. Table 13.20 specifies the project categories applicable to each level of site development plan review.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Site t plan review shall not be required for a single or two-family dwelling when permitted by right on a lot on which there exists no other building or use or for any minor home occupation or accessory building in a residential district or residential planned unit development.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

The process of reviewing a site plan shall be as follows:

A.

Administrative Plan Reviews. Administrative reviews shall be performed by the Zoning Administrator as follows:

1.

The applicant shall submit an application, checklist materials, and fees in accordance with Section 12.20 A—C.

2.

The Zoning Administrator shall review the site plan for completeness in accordance with Section 12.20 D and shall obtain comments, as they consider necessary, from City departments or consultants.

3.

The Zoning Administrator shall consider the site plan, any comment received, and the applicable standards of this ordinance and shall act upon the plan in accordance with Sections 12.50 and 13.60. The Zoning Administrator may submit the application to the Planning Commission for comment.

4.

The reasons for the Zoning Administrator's action, along with any conditions that may be attached, shall be stated in writing and provided to the applicant, pursuant to Section 12.50.

5.

If approved, then two (2) copies of the approved site plan shall be signed and dated by the Zoning Administrator and the applicant. One (1) copy shall be kept on file with the City and one (1) copy shall be returned to the applicant or his designated representative. If the plan is approved with conditions, a revised plan, including an electronic version, shall be submitted reflecting those conditions and signed by the applicant and Zoning Administrator prior to issuance of any permits.

B.

Concept Plan Reviews. Concept plan reviews shall be performed by the Planning Commission and City Council in accordance with the procedures described below.

1.

Prior to submitting an application for concept plan review, the prospective applicant shall conduct a neighborhood meeting to present the concept development plan and invite comments. The meeting shall be scheduled in the evening for the convenience of the potential participants. Invitations shall be sent by the prospective applicant by first-class US mail or hand-delivered to all property owners within three hundred (300) feet of the subject property. The prospective applicant shall document the meeting indicating the location, list of those invited, number of attendees, comments received, and how (or if) the comments are addressed in the concept development plan to be submitted to the City.

2.

Following the required neighborhood meeting, copies of a complete preliminary concept plan and an electronic version, in a quantity and format specified by the City shall be submitted to the Zoning Administrator along with an application for that purpose, documentation of the neighborhood meeting, and a fee, as established by the City Council.

3.

The Zoning Administrator shall review the preliminary concept plan development plan for completeness in accordance with Section 12.20 D.

4.

Once the concept plan is complete, the Zoning Administrator shall transmit the plan, along with comments from City departments and consultants, to the Planning Commission for consideration at an upcoming meeting, not to exceed sixty (60) days from the determination of completeness.

5.

The Planning Commission shall consider the concept plan and shall act in accordance with this ordinance. While comments from the neighborhood meeting may be considered, the Planning Commission review shall be based on the requirements of this article and the review standards of Section 13.60. The Planning Commission shall render its decision in accordance with Section 12.50 and shall conform with Section 13.60 for any recommended conditions of approval.

6.

The reasons for the Planning Commission's recommendation, along with any proposed conditions, shall be forwarded to the City Council for action on the request. While comments from the required neighborhood meeting may be considered, the City Council shall make its decision based on the requirements of this article, the standards of section 13.60, and the Planning Commission recommendation.

7.

If approved, then two (2) copies of the concept plan shall be signed and dated by the Mayor and the applicant. One (1) copy shall be kept on file with the City, and one (1) copy shall be returned to the applicant or their designated representative. If the plan is approved with conditions, a revised plan, including an electronic version, shall be submitted reflecting those conditions and signed by the applicant and the Mayor prior to the issuance of any permits.

8.

Development approval in the concept plan may be constructed in one (1) or more phases.

C.

Final Plan Reviews. Final site plan review shall be performed by the Zoning Administrator, as follows:

1.

The applicant shall submit an application, checklist materials, and fees in accordance with Section 12.20 A—C.

2.

The Zoning Administrator shall review the site plan for completeness in accordance with Section 12.20 D and shall obtain comments, as they consider necessary, from City departments or consultants.

3.

The final site plan shall conform to the concept plan in all relevant aspects such as use, building size and location, parking, access, buffering, and open space. If significant deviations are noted, then the plan shall be reviewed as a concept plan in accordance with the procedures of this article and then resubmitted with revisions, if any, for final plan review.

4.

Once the site plan is complete and addresses the substantive review comments from staff and consultants, the site plan shall be transmitted to the Zoning Administrator for action. The Zoning Administrator, at their discretion, may forward the plan to the Planning Commission for a recommendation.

5.

The Zoning Administrator shall consider the site plan and shall approve, approve with conditions, or deny the plan, in accordance with this ordinance. The Zoning Administrator shall render its decision in accordance with Section 12.50 and shall conform with Section 13.60 for any conditions of approval. The Zoning Administrator's review shall be based on the requirements of and conformity with this article and this ordinance, including the standards of Section 13.60.

6.

If approved, then two (2) copies of the final site plan shall be signed and dated by the Zoning Administrator and the applicant. One (1) copy shall be kept on file with the City, and one (1) copy shall be returned to the applicant or his designated representative. If the plan is approved with conditions, a revised plan, including an electronic version, shall be submitted reflecting those conditions and signed by the applicant and the Zoning Administrator prior to issuance of any permits.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Required Content. Each site development plan shall contain the following information. Incomplete plans may be returned to the applicant without further processing until fully compliant with the requirements of this section.

B.

Information Waiver. Specific requirements of any site plan may be waived in accordance with Section 12.20 D.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Site plans shall be approved upon a finding of compliance with the following standards:

A.

The plan must comply with all standards of this article and all applicable requirements of this ordinance and all other applicable laws and regulations.

B.

The site must be designed to minimize hazards to adjacent property and to reduce the negative effects of traffic, noise, smoke, fumes, and glare to the surrounding area. Compliance with the standards of Section 13.60 C. shall be deemed to satisfy the requirements of this provision.

C.

Unless a more specific design standard is required by the City through a different ordinance, all uses and structures subject to site plan review shall comply with the following standards:

1.

Traffic Circulation. The number, location, size of access and entry points, and internal vehicular and pedestrian circulation routes shall be designed to promote safe and efficient access to and from the site, and circulation within the site. In reviewing traffic features, the number, spacing, and alignment of existing and proposed access points shall be considered relative to their impact on traffic movement on abutting streets and adjacent properties. Right-of-way recommendations for streets shall be met and setbacks from such streets shall be measured accordingly.

2.

Stormwater. Stormwater detention and drainage systems shall be designed so the removal of surface waters will not adversely affect neighboring properties or public stormwater drainage systems. Stormwater detention and drainage systems shall comply with the requirements of this ordinance.

3.

Landscaping. Tree preservation and landscaping shall comply with the requirements of this ordinance.

4.

Lighting. Lighting shall comply with the requirements of this ordinance.

5.

Utility Service. All utility service shall be underground, unless impractical and approved by the City Engineer. Utility service shall comply with the requirements of this ordinance.

6.

Exterior Uses. Exposed storage areas, machinery, heating and cooling units, service areas, loading areas, utility buildings and structures, and similar accessory areas shall comply with the requirements of this ordinance.

7.

Emergency Access. All buildings and structures shall be readily accessible to emergency vehicles, and shall comply with the requirements of this ordinance.

8.

Water and Sewer. Water and sewer installations shall comply with all City codes and ordinances and with the requirements of this ordinance.

9.

Signs. Signs shall comply with all City codes and ordinances and with the requirements of this ordinance.

10.

Building Design. New or substantially remodeled buildings shall comply with the requirements of this ordinance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Conditions which are designed to ensure compliance with the intent and regulations of this ordinance and the City code of ordinances may be imposed on site plan approval in accordance with Section 12.60.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Projects shall be developed in full compliance with the approved site plan unless a change is requested and approved in accordance with this section. Changes to an approved site plan shall be permitted only under the following circumstances:

A.

The holder of an approved site plan shall notify the Zoning Administrator of any proposed change to the plan.

B.

Changes to an administrative site plan may be approved by the Zoning Administrator.

C.

Minor changes to a concept plan or site plan may be approved by the Zoning Administrator upon determining that the proposed revision(s) will not alter the basic design, nor any specified conditions imposed as part of the original approval. Minor changes shall include, but are not limited to, the following:

1.

Change in building size up to twenty (20) per cent of total approved floor area, not exceeding five thousand (5,000) square feet.

2.

Movement of buildings or other structures by no more than ten (10) feet.

3.

Alterations to parking layout; provided, the number of parking spaces does not increase by more than ten (10) per cent of the approved total and the number or location of access drives does not change.

4.

Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size.

5.

Changes in building materials to materials of a comparable or higher quality.

6.

Changes in floor plans which do not alter the character of the use.

7.

Changes required or requested by a City, County, State, or federal regulatory agency in order to conform to other laws or regulations.

D.

Major changes to concept plans or site plans shall be reviewed in the same manner as the original application, pursuant to this ordinance.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

An application for final site plan approval shall be submitted within twenty-four (24) months of the date on which the concept site plan was approved. If an application for final site plan approval is submitted more than twenty-four (24) months after the date on which the concept site plan was approved, then such application shall be reviewed in the same manner as the original concept plan. If a project is to be completed in phases, this requirement shall apply to each phase.

B.

Final site plan approval shall expire twenty-four (24) months from the date of its approval unless substantial construction has commenced and is continuing. For the purpose of this section, "substantial" shall be a determination by the Zoning Administrator, who may request City staff or consultants assist in such determination. Such determination shall comply with Section 12.50.

C.

The Zoning Administrator may grant two (2) extensions of up to twenty-four (24) additional months each; provided the applicant requests an extension, in writing, prior to the date on which the final site plan is due or the expiration date of the approval of the final site plan. The extension shall be approved if the applicant presents reasonable evidence to the effect that the development has encountered difficulties beyond the control of the applicant, and the final site plan will be submitted, or construction will proceed within the extension period. The Zoning Administrator shall also consider changing conditions in the area, such as recent development, and whether an extension is appropriate considering the potential impact on the changed conditions.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Any plan pending or previously approved shall follow Section 1.70, Transitional Provisions.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

The applicant may appeal any decision of the Zoning Administrator or any condition of approval by the Zoning Administrator to the Zoning Board of Appeals. The applicant may appeal any decision of the City Council pursuant to this ordinance, the City code, or State law.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Intent and Description. A special use permit is intended to manage specific land uses that may potentially impact or interfere with surrounding land uses; the natural environment; public infrastructure and services; and/or public health, safety, and welfare. Land uses that require special use permits are often desired by the community at large, but by their very nature, may:

1.

Have a tendency to generate excessive traffic;

2.

Have a potential for a large number of persons to be attracted to the area of the use, thus creating noise or other pollutants;

3.

Have a detrimental effect on the value of potential development of other properties in the neighborhood; or

4.

Create a higher potential for accidents or danger to public health or safety.

B.

Conditions and Safeguards. Special use permit approval may require the application of imposition of conditions to ensure safeguards for neighboring property owners and the general public.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Permit Required. Any use classified as requiring a special use permit pursuant to this ordinance shall be reviewed in accordance with this article and shall not be commenced without a valid special use permit and other applicable site development plan approvals, zoning permits, and building permits.

B.

Resubmittal. No application for a special use permit for the same use affecting the same or any portion of the property that was denied by the City Council will be accepted for filing within six (6) months of the date the application was denied.

C.

Ownership. A special use permit shall run with the land. Change in property ownership does not invalidate the special use permit, provided the operation remains compliant with this ordinance and any conditions of approval.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Process. Review of a special use permit shall either precede or proceed concurrently with a concept site plan review, and may proceed concurrently with, a property's rezoning application, hearing, and consideration. Any applications or reviews that run concurrently shall be considered separate and distinct from each other. A public hearing shall be held by the City Council prior to action on a special use permit. If approved, concept and final site plan review shall be required if the use is proposed with associated site improvements or building construction.

1.

The Zoning Administrator shall review the special use permit application for completeness in accordance with Section 12.20 D and shall obtain comments, as they consider necessary, from City departments or consultants.

2.

Once the application is complete, the Zoning Administrator shall transmit the plan, along with comments from City departments and consultants to the Planning Commission for consideration at an upcoming meeting, not to exceed sixty (60) days from the determination of completeness

3.

The Planning Commission shall consider the application and shall act in accordance with this ordinance. The Planning Commission review shall be based on the requirements of this article and the review standards of Section 14.40. The Planning Commission shall render its decision in accordance with Section 12.50 and shall conform with Section 12.60 for any recommended conditions of approval.

4.

The reasons for the Planning Commission's recommendation, along with any proposed conditions, shall be forwarded to the City Council for action on the request.

5.

The City Council shall hold a public hearing in accordance with this ordinance and shall make its decision based on the requirements of this article, the standards of Section 14.40, and the comments from the public comments and Planning Commission recommendation.

B.

Permits and Conditions. If approved, then two (2) copies of the special use permit and concept plan, if applicable, shall be signed and dated by the Mayor and the applicant. One (1) copy shall be kept on file with the City and one (1) copy shall be returned to the applicant or their designated representative. If the permit is approved with conditions, a revised concept plan, including an electronic version, shall be submitted reflecting those conditions and signed by the applicant and the Mayor prior to the issuance of any future permits.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Special use permits shall be approved only upon a finding of compliance with the following standards:

A.

Zoning Ordinance and Comprehensive Plan. The special use will be consistent with the goals, intent, and purposes of the City of Port Wentworth Zoning Ordinance and Comprehensive Plan.

B.

Use Compatibility and Character. The special use and associated building construction and site development will be designed, constructed, operated, and maintained to ensure compatibility with adjacent and nearby land uses, compatibility with the property's zoning classification, and it will consider the essential character of the area in which it is proposed. Further, it will not impede the normal and orderly development and improvement of surrounding property.

C.

Public Services and Infrastructure. The site and the land use will be adequately served by essential infrastructure and services, such as roads, stormwater drainage infrastructure, schools, law enforcement, and fire protection; will not create excessive additional requirements at public cost for infrastructure; will not be detrimental to the economic welfare of the community; and will not prevent the City from maintaining sufficient levels of service to existing development.

D.

Impact and Nuisances. The use and its site design will not be hazardous or disturbing to existing or future uses in the same general vicinity and the community as a whole, and it will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to persons, property or general welfare because of excessive activity, noise, vibration, smoke, fumes, glare, odor, or visual impact.

E.

Environmental Impact. The protection of existing sensitive natural resources shall be considered during site design, as applicable, to the maximum extent practical, or the impact shall be effectively mitigated. The special use and associated building construction and site development will not cause irreversible environmental degradation and damage.

F.

Traffic. The use will not result in unsafe traffic conditions or negative impacts on bicycle and pedestrian travel and shall comply with the number, spacing, and alignment of existing and proposed access points relative to their impact on traffic movement on abutting streets and adjacent properties, as specified in Section 8.100.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Conditions which are designed to ensure compliance with the intent of this ordinance and the City of Port Wentworth code of ordinances may be imposed on special use permit approval in accordance with Section 12.60. Any modification of a condition of approval following City Council approval shall be processed in the same manner as the original application.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Decisions regarding special use permits by the City Council are final. An appellant may appeal the decision of the City Council pursuant to this ordinance, the City code, or State law.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

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This article establishes the application and review procedures to be followed when considering a request for Planned Unit Development (PUD) zoning approval.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Pre-application Conference. Prior to submitting a formal application, the applicant shall schedule a meeting with the Zoning Administrator to discuss the zoning classification of the site, the applicable requirements and materials, the qualifying conditions, the review procedures, and the proposed development concept. The Zoning Administrator shall notify other appropriate staff and/or City officials. The purpose of this meeting is to discuss the proposed project and provide relevant information to the applicant. However, no statements or representations made at this meeting shall be construed to be a commitment or an assurance of approval on the part of the City.

B.

Neighborhood Meeting. Following the pre-application conference and prior to submitting an application, the prospective applicant shall conduct a neighborhood meeting to present the concept PUD plan and invite comments. The meeting should be scheduled in the evening for the convenience of the potential participants. Invitations, at a minimum, shall be sent by the prospective applicant via US mail or hand-delivered to all property owners within 300 feet of the subject property. The prospective applicant shall document the meeting indicating the location, list of those invited, number of attendees, comments received, and how (or if) the comments are addressed in the concept PUD plan to be submitted to the City.

C.

Preliminary PUD Review and Rezoning. The following procedures shall be followed for the review of any PUD request.

1.

Application. An application for rezoning to the PUD district shall be submitted to the Zoning Administrator by the owner, owner's authorized representative, or option holder of the property that is the subject of the application. The application shall be filed on a form provided for that purpose, along with a fee established by the City Council, and a PUD concept plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the Planning Commission.

2.

Concept Plan. A PUD concept plan shall be submitted and include the following:

D.

Planning Commission Review. Following receipt of a complete application package, the Zoning Administrator will cause the application materials to be forwarded to the Planning Commission for review. Within forty-five (45) days after submission of a complete application and all required plans and information, the Planning Commission shall conduct a public hearing and make a recommendation to the City Council, as follows:

1.

Notice of Hearing. Public notice of the time, date, location and purpose of the hearing shall be provided, in accordance with the requirements of Section 12.40.

2.

Public Hearing. The Planning Commission shall conduct a public hearing in accordance with its rules of procedure.

3.

Recommendation. Following the public hearing, the Planning Commission shall recommend to City Council that the PUD concept plan and PUD zoning be approved as presented, approved with supplementary conditions, or disapproved. The recommendation shall be based on the standards of Sections 13.60 and 15.40.

4.

Project Representation. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.

E.

City Council Action. Upon receiving the recommendation from the Planning Commission, the City Council shall take final action on the request.

1.

Action. Council shall approve, approve with supplementary conditions, or disapprove the PUD concept plan and zoning change, based on the standards of Section 15.40.

2.

Conditions. If conditions are attached to the City Council's approval, the final site plan shall reflect those conditions. Failure of the applicant to comply with any conditions of approval shall be considered a violation of this ordinance and subject to all applicable enforcement, remedies, and penalties provided for in this ordinance.

3.

Project Representation. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.

F.

Final PUD Review. The following procedures shall be followed for the review of the final site plan.

1.

Timing. An application for final site plan approval shall be filed not later than twenty-four (24) months after the date of approval of the PUD concept plan and zoning change. Otherwise, the PUD concept plan approval shall be considered expired. One (1) extension of up to six (6) months may be authorized by the Zoning Administrator for cause. The applicant shall submit the request for an extension to the Zoning Administrator in writing prior to the expiration of the original approval period. The Zoning Administrator shall make a written determination regarding his decision to extend or deny the extension. Both the request and the determination shall be made part of the record.

2.

Application. An application for approval of the final site plan shall be submitted to the Zoning Administrator by the property owner or owner's authorized representative. The application shall be filed on a form provided for that purpose, along with a fee established by the City Council, including a final site plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed.

a.

Final Plan. A final site plan, substantially consistent with the approved PUD concept plan and containing all information required in Section 13.50 (final plan), shall be submitted with the required application form. If applicable, a plat may be submitted concurrently in accordance with the City's subdivision ordinance.

b.

Project Narrative. A project narrative shall also accompany the application and final site plan and provide the following:

i.

Proposed covenants and/or deed restrictions governing the use, design, maintenance, ownership and control of the development and common areas;

ii.

Identification of the entity responsible for maintenance of common areas;

iii.

Description of all deviations from the otherwise applicable zoning requirements;

iv.

Net and gross density of any residential component of the project;

v.

Open space calculations, identifying the gross acreage and per cent of lands to be preserved as common open space, including calculations by phase of the development, if applicable.

vi.

Restrictions or requirements regarding architectural style and/or building materials;

vii.

Improvements that would be the responsibility of the developer such as construction of roads, parks, utilities, pathways, sidewalks, and similar elements;

viii.

An anticipated development schedule by phase, if applicable; and

ix.

An updated traffic impact analysis shall be required if the final plan deviates substantively from the approved PUD concept plan with respect to number of dwelling units, square footage of buildings, or proposed uses.

3.

Phased Projects. If a proposed PUD is to be constructed in two (2) or more phases, final site plan approval may be granted for individual phases; provided, a complete plan for the entire development was first given concept plan approval and that each subsequent phase shall be submitted for final site plan approval and is consistent with the approved concept plan. The Zoning Administrator may require additional information beyond what is otherwise required if, in their judgment, more detailed information is necessary due to the size of the development; number of phases proposed; or the interrelationship of roads, utilities, or drainage systems within the total site.

4.

Action. The Zoning Administrator shall consider the application and take action to approve, approve with supplementary conditions, or disapprove the final site plan, based on the review standards of Section 15.40 and the site plan review standards of Section 13.60.

5.

Performance Guarantee. In conjunction with the approval of a final site plan, the petitioner may be required to provide a performance guarantee for all public and common improvements in accordance with Section 12.70.

6.

Private Covenants and Restrictions.

a.

Covenants and restrictions for the property within any PUD district are required and must be recorded with the office of the County Clerk prior to the approval of a plat or issuance of a building permit. These restrictions shall run with the land to ensure that, if subdivided or developed in phases, the covenants and restrictions shall still be enforced.

b.

Covenants and restrictions shall:

i.

Be based on the conditions attached to the approved PUD application;

ii.

Subject each owner or person taking title to land located within the development to the terms and conditions of the covenants and restrictions as well as any other applicable regulations;

iii.

Establish a property owners association (POA) with mandatory membership for each owner or person taking title to land located within the development, and require the collection of assessments from owners in an amount sufficient to pay for its functions; and

iv.

Provide for the ownership, development, management, and maintenance of any private open space, private community parking facilities, private community meeting spaces, or other common areas, as required by Section 5.40 D.2.

7.

Expiration. Approval of the final site plan shall expire twelve (12) months after the date of that approval unless substantial construction has been commenced and is continuing. An extension of up to twelve (12) additional months may be granted by the Zoning Administrator in accordance with the requirements of Section 13.90.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

As part of the PUD concept plan review process, the City Council, at its sole discretion, may require the applicant to prepare a development impact assessment to evaluate the potential impacts on municipal improvements and facilities, natural and historic resources, and the fiscal effect on the City. The content of such assessment shall be as follows:

A.

Executive Summary.

B.

Introduction, Project Description, Objectives, Environmental Setting.

C.

Projected Impacts and Mitigation Alternatives.

1.

Fiscal. The developer shall estimate and quantify the additional revenues and costs to the City of Port Wentworth as a result of the proposed development. Fiscal analysis involves assessing the public service costs and revenues associated with the development. Such an analysis projects the net cost of the development on the fiscal balance sheet of the community. Since fiscal feasibility plays an important role in determining whether or not to proceed with a proposed development, fiscal impact analysis is a critical component of the development impact assessment.

2.

Community Facilities.

a.

Water supply and distribution. The developer shall provide an estimate and provide calculations of water supply needs including domestic and adequate fire flow protection. Anticipated improvements necessary to accommodate the proposed development shall be specified.

b.

Wastewater collection and treatment. The developer shall provide a quantitative estimate of sewage to be generated and specify any anticipated improvement necessary to accommodate the volume.

c.

Solid Waste. The developer shall provide a quantitative estimate of the solid waste expected to be generated by the proposed development, including the assumptions used in all calculations.

d.

Stormwater Management. The developer shall address all components of Article III. Stormwater Management, Section (5), Subsections (a) and (b) of the Code of Ordinances, City of Port Wentworth. The remaining requirements of Article III. shall be addressed in the final site plan. A discussion of the adequacy of the receiving stormwater conveyance shall be provided.

e.

Stormwater Quality. The developer shall provide narrative discussing measures that will be used to preserve and/or improve the physical, chemical, biological, or radiological integrity of stormwater runoff from the proposed development.

f.

Schools. The developer shall provide a narrative discussing the impact on the local school system, if any, including the number of students to be generated, potential number of new employee families to reside in Port Wentworth, capacity of existing schools that would be impacted, and busing needs.

g.

Parks and Recreation. The developer shall provide a narrative discussing impact to the municipal parks and recreation facilities or programs, including the location of existing parks, potential facility demands by employees, families, and visitors generated by the proposed development.

h.

Public Safety (Police and Fire). The developer shall provide data and a narrative identifying impacts, including special needs, personnel, and equipment. The assessment shall identify the current availability of equipment and staffing, current demands on fire and police service per capita and per dwelling unit, increased demand on services based on number of employees, dwelling units, or residents in the proposed PUD, and any added personnel or equipment needs.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

In considering a PUD request, the Planning Commission, City Council, and/or Zoning Administrator, as applicable, shall find that the proposed development meets all applicable requirements and qualifying conditions of this ordinance, as well as each of the following general standards:

A.

Purpose of PUD. The proposed development shall be consistent with the Stated purpose of this district, as found in Section 5.10.

B.

Qualifying Conditions. The proposed development shall satisfy each of the Qualifying Conditions, as stated in Section 5.20.

C.

Recognizable and Substantial Benefits. Approval of the PUD will result in a recognizable and substantial benefit to the users of the project and to the community, which would not otherwise be feasible or achievable under conventional Zoning Districts. The development shall provide two (2) or more of the benefits specified in Section 5.20 G.

D.

Comprehensive Plan. The PUD shall be consistent with the recommended future land use patterns, goals, and relevant recommendations contained in the City of Port Wentworth Comprehensive Plan.

E.

Surrounding Uses. The development shall be compatible with the existing and intended uses surrounding the subject property.

F.

Natural Environment. The design and layout of the PUD shall be harmonious with the natural character of the site and surrounding area and shall employ best management practices to ensure their conservation.

G.

Public Facilities and Services. The proposed development shall not place undue burden on the capacity of public facilities and services such as, but not limited to, roads, fire and police protection, water, sanitary sewer service, and drainage.

H.

Health, Safety, and Welfare. The PUD shall not contain uses or conditions of use that may be injurious to the public health, safety, or welfare.

I.

Consistent with All Applicable Standards and Requirements. The proposed development shall conform to all applicable requirements of this ordinance unless specifically modified and approved, as authorized by Section 5.40 B.

J.

Final Site Plan. The final site plan is substantially consistent with the representations made and plans shown during the prior PUD concept plan stage of approval.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

The PUD shall be constructed in compliance with the approved final site plan unless changes are approved in accordance with this section. Changes to an approved final site plan shall be permitted only as specified in Section 13.80.

B.

A proposed change to an approved final site plan that is determined by the Zoning Administrator to not be a minor change shall be considered a major change. A major change shall necessitate an amendment to the approved final PUD plan and shall be submitted and reviewed in accordance with the procedures established for the final PUD plan. When, in the sole judgment of the Zoning Administrator, the proposed change is a substantial deviation from the approved PUD concept plan, the change shall be reviewed as a new application in accordance with the provisions of Sections 15.20 C and 15.20 D; provided, public hearings shall not be required but may be conducted at the discretion of the Planning Commission and/or City Council.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

This page is intentionally blank.

A.

Intent and Purpose. The intent and purpose of this article are to:

1.

Conserve and protect the natural, economic, and scenic resources of the City of Port Wentworth;

2.

Prevent and reduce the traffic congestion and traffic hazards which result from narrow or poorly aligned streets and which result from excessive entrance and exit points along major traffic arteries;

3.

Eliminate the costly maintenance problems which develop when streets and lots are laid out without proper consideration being given to the drainage characteristics of the tract of land at the time the land is being subdivided into streets and lots;

4.

Prevent the spread of urban blight and slums;

5.

Insure that residential lots will be of such design, area, and width as will prevent health and sanitation problems from developing in those subdivisions with lots to be served by individual water supply and waste disposal systems;

6.

Insure that all building lots will be accessible to fire fighting equipment and other emergency and service vehicles;

7.

To protect the investments of the buyers of subdivision lots; and

8.

Promote and protect the health, safety, prosperity, and welfare of the citizens of the City of Port Wentworth and for other purposes.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Applicability. Upon the effective date of this ordinance, no subdivision plat for any land within the City of Port Wentworth, unless exempted below, shall be filed with or recorded by the Clerk of the Superior Court until the plat has been submitted and approved according to the procedures set forth in this article, including the following:

1.

All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of immediate or future sale, transfer, or building development.

2.

All divisions of land involving a new street or a change in existing streets.

3.

Re-subdivision of land and, when appropriate to the context, relates to the process of subdivision or to the land subdivided.

B.

Subdivision Types.

1.

Exempt Subdivision.

a.

The subdivision of a tract of land into two (2) or more lots, each having an area of five (5) acres or more, and in which no new street is required. The dividing of a tract into two (2) or more lots of five (5) acres or more each, which requires new access roads, easements or lot width variances at the required building setback line, shall be defined as a subdivision under the terms of this ordinance.

b.

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards set forth in this ordinance.

2.

Minor Subdivision. Any subdivision comprising three (3) lots or less and not involving a new street or change in an existing street.

3.

Major Subdivision. Any subdivision comprising four (4) lots or more or any subdivision involving a new street or change in an existing street.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Informal Review. Prior to submitting a formal subdivision application, a sketch plan may be submitted for informal review comments. Comments are non-binding and shall not be construed as an approval or commitment to approval.

B.

Sketch Plan Requirements. A sketch plan is a less formal plan which shall include the following information, as applicable:

1.

Boundary lines of the property being subdivided;

2.

Layout of streets, roads, and other features in relation to existing conditions;

3.

Watercourses and marshes found on the tract of land being subdivided and the limits of habitable area; and

4.

The location, name, and right-of-way width of any existing streets on the land being subdivided or on land adjacent to the tract of land being subdivided.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Submittal. Applications shall be submitted in accordance with Section 12.20.

B.

Final Plat. Exempt and minor subdivisions may be submitted as final plats and shall comply with the requirements of these regulations, including minimum finished floor elevation requirements.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Submittal. Applications shall be submitted in accordance with Section 12.20.

B.

Deadline. Complete applications must be received by the Port Wentworth Planning Commission at least twenty (20) business days prior to the Planning Commission meeting at which they are to be considered. Revisions to a subdivision under review by the Planning Commission must be received ten (10) business days prior to the Planning Commission meeting at which each subdivision is scheduled to be heard.

C.

Review. Upon determination of a complete application, the Zoning Administrator will promptly distribute the application for review by internal City Departments and external agencies.

D.

Planning Commission Action. Except where an extension of time is authorized by the applicant for preliminary plat review, the Planning Commission shall have forty-five (45) business days from the date of submittal of a complete preliminary plat with application to act on the preliminary plat application. The Planning Commission shall provide a recommendation to the City Council per Section 12.50.

E.

City Council Action. Upon receipt of a recommendation from the Planning Commission, the City Council shall act on the preliminary plat per Section 12.50.

F.

Standards of Approval. When reviewing or approving a preliminary plat, the Planning Commission and City Council shall consider:

1.

Recommendations from internal City Departments and external agencies;

2.

Compliance with the applicable requirements of the Zoning Ordinance; and

3.

Substantial conformance with the City's applicable adopted plans, policies, and the any official or adopted design manuals of the City of Port Wentworth.

G.

Validity of Approval. Approval of a preliminary plat shall be valid for one (1) year. If work has not started on a subdivision on or before the end of this one (1) year period, the approval shall expire. An expired approval requires that a preliminary plat be resubmitted in accordance with this section.

H.

Extension. The City Council may approve one (1) extension of up to one (1) year if requested in writing by the applicant prior to the expiration date of the original approval. The extension may be approved if the City Council determines that the applicant has provided reasonable evidence that the development has encountered unforeseen difficulties beyond the control of the applicant and the project will proceed within the extension period. If work has not started on a subdivision on or before the end of this one (1) year extension period, the approval shall expire.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Preliminary Plat Requirements. The preliminary plat shall be drawn at a scale of not less than two hundred (200) feet to the inch. The preliminary plat shall contain the following information:

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Submittal. Applications shall be submitted in accordance with Section 12.20 and Section 16.80, and the number of copies shall be as required on the application form. For major subdivisions, all construction and site improvements must be complete unless a performance guarantee is posted to ensure the completion of the required work.

B.

Approval Authority. Final plat approval by the Zoning Administrator is required before a final plat of a subdivision is recorded with the Clerk of Superior Court of Chatham County or the transfer or sale of any of the land within the subdivision by reference to a plat.

C.

Review. Upon determination of a complete application, the Zoning Administrator will promptly distribute the application for review by internal City Departments and external agencies.

D.

Phasing. Final plat submittals for a major subdivision may be submitted in phases.

E.

Zoning Administrator Action.

1.

If the Zoning Administrator finds that the final plat does not meet all the standards of approval in this section, the applicant will be notified in writing of the specific provisions that have not been met and offer the applicant the opportunity to make changes to the final plat.

2.

If the Zoning Administrator finds that the final plat meets all the standards of approval in this section, the application will be certified as complying with all applicable requirements of the Zoning Ordinance and this article.

F.

Dedications.

1.

Where the approved final plat includes public dedication, the application will be scheduled for the next available City Council meeting. Upon certification by the Zoning Administrator that the application complies with all applicable requirements of the Development Code, no changes to the application are permitted prior to the City Council meeting.

2.

The City Council must accept or decline any dedication of land or public improvements.

3.

Decisions of the City Council are final. Any party not satisfied with a decision of the City Council may pursue appeals to Chatham County Superior Court within thirty (30) calendar days of the decision.

G.

Recording. Once approved by the Zoning Administrator or the City Council in the case of a final plat with dedications, the applicant will record the final plat in the records of the Clerk of the Chatham County Superior Court and file a copy with the Community Development Department.

H.

Standards of Approval. When reviewing or approving a final plat, the Zoning Administrator shall consider:

1.

Substantial conformance with the approved preliminary plat;

2.

Recommendations from internal City Departments and external agencies;

3.

Compliance with the applicable requirements of the Zoning Ordinance; and

4.

Substantial conformance with the City's applicable adopted plans, policies, and any official or adopted design manuals of the City of Port Wentworth.

5.

Completion of all infrastructure and required improvements.

I.

Lot Sales. After the final plat of the subdivision has been recorded, then all lots shown on such subdivision may be made available for sale, and such subdivision shall be entitled to all privileges and services available to other subdivisions within the City.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Final Plat Requirements. The original copy of the final plat shall be drawn on eighteen-inch by twenty-four-inch sheets of mylar with black India ink or equivalent material at a scale of not less than two hundred (200) feet to the inch. Where necessary, the final plat may be several mylar sheets accompanied by an index sheet showing the entire subdivision. The final plat shall contain the following information:

B.

Certification from County Health Department. If lots are not to be served by either public sewers or public water, or both, then the final plat shall be accompanied by a certificate from the Chatham County Health Department certifying health department approval of the water supply system and/or waste disposal system to be used and health department approval of lot sizes and lot widths established in such subdivision.

C.

Maintenance Guarantees. The developer will provide a cash security or bond payable to the City in the amount of twenty-five (25) per cent of the total public infrastructure construction costs for roadways, drainage facilities, and appurtenances and ten (10) per cent of the total public infrastructure construction costs for water and sewage systems, with no security less than fifty thousand dollars ($50,000.00). The amount must be sufficient to cover all possible repairs required during the warranty/maintenance period (See Section 16.90). The City Engineer and Community Development Director shall review and approve all cash security amounts.

D.

Maintenance Agreement. The developer shall execute a maintenance agreement suitable in a form to the City Attorney.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Maintenance Periods. The developer must maintain the public infrastructure for the periods outlined below:

1.

Roadways, drainage facilities, and appurtenances will be maintained by the developer for a period of two (2) years from the date of acceptance of the final plat. The two (2) year period shall not begin until after all infrastructure and inspections are completed with all deficiencies corrected. The date of the beginning of the maintenance period shall be set by Mayor and Council upon acceptance of the final plat. The developer must request in writing that the City take the roadways, drainage facilities, and appurtenances for maintenance at the end of the two (2) year period. The request may be filed with the City no sooner than forty-five (45) business days prior to the end of the period. The City must notify the developer of deficiencies or needed repairs within thirty (30) business days of the request. A notice of needed repairs or deficiencies will require that the developer extend the bond for a period of six (6) months to allow for time to correct such deficiencies or needed repairs. If the needed repairs or deficiencies continue to exist at the expiration of the extended maintenance period, the bond will be extended by such a period as identified by the Mayor and Council. The developer may request in writing that the City accept the roadways, drainage facilities, and appurtenances prior to the end of the extended maintenance period if all deficiencies and needed repairs have been satisfactorily corrected. The Mayor and Council shall determine whether to accept the infrastructure within forty-five (45) business days after all needed repairs and deficiencies have been satisfactorily corrected.

2.

Water and sewage systems will be maintained by the developer for a period of twelve (12) months from the date of acceptance of the final plat. The twelve-month period shall not begin until after all water and sewer infrastructure and inspections are complete with all deficiencies corrected. The date of the beginning of the twelve-month period shall be set by the Mayor and Council upon acceptance of the final plat. The developer must request in writing that the City take the water and sewerage systems for maintenance at the end of the twelve-month period. The request may be filed with the City no sooner than forty-five (45) business days prior to the end of the period. The City must notify the developer of deficiencies or needed repairs within thirty (30) business days of the request. A notice of needed repairs or deficiencies will require that the developer extend the bond for a period of six (6) months to allow for time to correct such deficiencies or needed repairs. If the needed repairs or deficiencies continue to exist at the expiration of the extended maintenance period, the bond will be extended by such a period as identified by the Mayor and Council. The developer may request in writing that the City accept the water and sewerage systems prior to the end of the extended maintenance period if all deficiencies and needed repairs have been satisfactorily corrected. The Mayor and Council shall determine whether to accept the infrastructure within forty-five (45) business days after all needed repairs and deficiencies have been satisfactorily corrected.

3.

The developer shall post separate bonds for:

a.

The water and sewerage systems; and

b.

Roadways, drainage facilities, and appurtenances.

4.

Should the developer construct and install water and sewage infrastructure that serves or is intended to serve multiple phases of a project, the developer may request that the portion of the required security derived from the construction cost of that infrastructure be prorated across each proposed phase of the project. Proration of any part of the required cash security will be at the sole discretion of the Mayor and Council.

B.

Release of Security. The security shall only be released at the request of the developer. In no event will the security be released prior to forty-five (45) business days before the maintenance period ends. Release of the security shall be by formal action of the Zoning Administrator.

C.

Forfeit. The security will be forfeited to the City after a period of ten (10) years from the date of the approval of the final plat for the initial phase of the subdivision by the Zoning Administrator, should the public infrastructure be incomplete and unaccepted by the City at the end of the ten-year period.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Minor Revisions. Proposed revisions to a recorded plat that do not alter or change in any way the street and/or utility layout of the plat and does not add additional lots shall be submitted as follows:

1.

The subdivider shall file with the Zoning Administrator four (4) copies of the original plat with all minor revisions shown in red.

2.

The plats shall be accompanied by a statement signed by all affected property owners acknowledging their awareness and approval of the revisions.

3.

Review shall occur in accordance with Section 16.70.

B.

Major Revisions. Any amendment not qualifying as a minor amendment shall be processed as a preliminary plat per Section 16.50.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

This article establishes the procedures to be followed for any amendment to the provisions of this ordinance or to the zoning designation of any property in the City of Port Wentworth.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Proposals to amend these regulations may be in the form of requests to change the ordinance text or the Zoning Map. Applications for amendment to the text or map may be initiated by the owner or option holder of property that is the subject of an amendment request or by the Planning Commission or City Council upon its own initiative.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Application. Each application to amend the zoning text or map shall be filed with the Zoning Administrator on forms provided for that purpose, along with the application fee and any other required documentation. Only complete applications containing all required information and exhibits and the required fee shall be processed by the Zoning Administrator in accordance with the public notice and hearing requirements of this ordinance.

B.

Additional Requirements for Map Amendments.

1.

Required Information. All applications for zoning map amendments shall include, in addition to a fully completed application form and required filing fee, the following:

a.

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

b.

The property identification number from the county tax records;

c.

Names, addresses, and zip codes, at the date of filing, of owners of the 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; and,

d.

All known previous applications for a map amendment affecting the subject property.

2.

Resubmittal of Map Amendments. No application for a zoning map amendment that has been denied by the City Council shall be resubmitted within six (6) months of the date when the request was first denied. However, if the amendment request is for a different zoning district than the previous request, an application may be accepted.

C.

Public Notice. Notice of public hearing shall be given in accordance with the requirements specified in Section 12.40 of this ordinance.

D.

Planning Commission Action.

1.

The Planning Commission shall hold a public hearing on each application for a text or map amendment.

2.

Upon completing the public hearing, the Planning Commission shall consider the application, testimony of the applicant and public, all reports, and supplemental information that may have been provided and shall make a recommendation to the City Council to approve or deny the subject application. The applicant may also choose to withdraw the request, without prejudice, prior to a decision by the Planning Commission. The Planning Commission may recommend amendments to the request, which in the case of map amendments, would reduce the land area for which a rezoning application is made or change the district requested to a more restrictive district. In the case of a text amendment, wording modifications may be recommended, which are deemed advisable so the purpose of this ordinance will be served, and the public health, safety, and general welfare secured.

E.

Council Action. After receipt of the Planning Commission's report and recommendation, the City Council shall conduct a public hearing and may approve, deny, or defer the application. An action to defer shall include a written statement of justification for such action and a specific location and meeting date to which the application is deferred; no further public notice shall be required. In the case of map amendments, Council may consider the addition or deletion of conditions of rezoning in accordance with the standards of Section 17.40 B, so the purpose of this ordinance will be served, and the public health, safety, and general welfare secured. Should the Council consider additions or deletions of conditions, the application may be referred to the Planning Commission for review and recommendation.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Map Amendments, in General. In order to promote the public health, safety, and general welfare of the City against the unrestricted use of property, the City Council and Planning Commission may consider the following standards and any other factors relevant to balancing the public interest in making a rezoning decision:

1.

Is the request in conformance with the City's Comprehensive Plan?

2.

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

3.

Does the current zoning classification unreasonably restrict the use and enjoyment of the subject property?

4.

Has a change of conditions occurred in the surrounding area which makes the current zoning of the property unreasonable?

5.

Is there sufficient land already appropriately zoned and available elsewhere in the City?

6.

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

7.

Could traffic created by the proposed zoning classification travel through established residential neighborhoods on minor streets, leading to congestion, noise, and traffic hazards?

8.

Would the proposed zoning allow uses that could generate traffic flow beyond the carrying capacity of the current street system?

9.

Is there an imminent need for the rezoning and for the uses permitted within the proposed district?

10.

Would the allowed uses substantially conflict with existing or intended development density patterns in the surrounding area?

11.

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

12.

Would any or all of the allowed uses in the proposed zone district adversely impact adjacent or nearby properties in terms of:

a.

Environmental quality or livability, by creating undue traffic, noise, odor, or visual hazards incompatible with the established or intended development pattern.

b.

Property value, by rendering such properties less desirable and, therefore, less marketable for the type of development to which they are committed or restricted.

13.

Would the rezoning create development potential of such increased intensity that stormwater runoff from the site would exceed current limits, resulting in adverse impacts upon existing or planned downstream drainage systems?

14.

Would the rezoning result in public service demands beyond existing capacities and impose an economic burden on the community at-large?

B.

Conditional Zoning Amendments.

1.

In deciding any application for an amendment to the zoning classification of a parcel of property, the City Council may, on its own motion or upon the recommendation of the Planning Commission or the Zoning Administrator, grant the application subject to such conditions deemed necessary to promote and protect the health, safety, morality, and welfare of the City and to further the purposes of this ordinance. Such conditions shall be imposed for the benefit of the community to prevent or lessen any negative impact expected to result from the zoning map amendment.

2.

Conditions that may be adopted include but are not limited to, vegetative or structural buffers, preservation of existing vegetation and tree cover, maximum density and/or number of lots, access limitations, minimum lot size, setback restrictions, and property use restrictions. Such restrictions shall be binding upon the applicant and any successor in title.

3.

If the conditions under consideration by City Council are unacceptable to the applicant, the applicant may withdraw its application without prejudice to the filing of a new application seeking a different zoning classification.

4.

Map amendments approved conditionally shall be reflected on the zoning map by a notation indicating that the property has been conditionally zoned.

C.

Text Amendments. In its consideration of amendments to the text of this ordinance, the following may be applied to guide the deliberations of the Planning Commission and City Council:

1.

The proposed text amendment would clarify the intent of this ordinance.

2.

The proposed text amendment would correct an error in this ordinance.

3.

The proposed text amendment would address changes to the State legislation, recent case law, or opinions from the State attorney general.

4.

The proposed text amendment would promote compliance with changes in other City ordinances and county, state, or federal regulations.

5.

In the event the amendment would add a use to a district, that use would be fully consistent with the purpose of that district and the character of the uses allowed within the district.

6.

The amendment would not create incompatible land uses within a zoning district.

7.

The proposed text amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements, best practices, and similar technical items.

8.

As applicable, the proposed change would be consistent with the City's ability to provide adequate public facilities and services.

9.

The proposed change would be consistent with the ordinance's intent to protect the public health, safety, and welfare of the community.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)