Savannah City Zoning Code
ARTICLE X
Conditional Use Permits
Section 400.610 General Considerations.
[Ord. No. 1892 Zoning Regs. Art. 10 §1, 4-7-1997]
A.
Delegation Of Power. The Board of Aldermen is hereby authorized to decide whether conditional use permits shall be granted subject to the general and specific standards contained in the ordinance; to grant conditional use permits with such conditions or restrictions as are appropriate to protect the public interest and to secure compliance with these regulations; and to deny requests which fail to satisfy the standards and requirements contained herein and which are not in harmony with the purposes and interest of these regulations and the health, safety, and welfare of the community. The Board of Aldermen shall decide whether conditional use permits shall be granted only after having received a recommendation from the Planning Commission. In no event shall a conditional use permit be granted where the proposed use is not authorized by the terms of these regulations, or where the standards of this Article are not found to exist.
B.
Conditions And Guarantees. Prior to the granting of any conditional use permit, the Planning and Zoning Commission or Board of Aldermen may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use permit as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a conditional use permit is granted, the Planning and Zoning Commission may recommend or the Board of Aldermen may require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being, and will be, fully complied with.
C.
Conditional Use Permits In Residential Districts. In no event shall conditional use permits in residential districts be transferable from an owner-applicant to a subsequent owner of the subject real estate or structure.
Section 400.620 Procedures.
[Ord. No. 1892 Zoning Regs. Art. 10 §2, 4-7-1997]
A.
Application. A written application for a conditional use permit shall be filed with the Zoning Administrator and shall include a statement indicating the Section of the ordinance under which the permit is sought, the grounds upon which it is requested, and sufficient evidence to show that the use will conform to the standards set forth. The application shall be accompanied by an area map and site plan of the subject property.
B.
Fees. Every application for a conditional use permit shall be subject to a filing fee as established by the Board of Aldermen.
C.
Site Plan. All applicants for a conditional use permit shall submit with their application ten (10) copies of a development plan for the property which shall include the following:
D.
Hearing. Upon receipt of the formal application and all accompanying material, the Zoning Administrator shall call a public hearing for the next scheduled meeting of the Planning and Zoning Commission; provided however, that notice must be published in a newspaper of general circulation at least fifteen (15) days prior to the date set for hearing. The Planning and Zoning Commission shall submit a recommendation to their Board of Aldermen within thirty (30) days after the close of the public hearing.
E.
Findings. In making a recommendation to the Board of Aldermen, the Planning and Zoning Commission shall specify the particular grounds relied upon and their relation to the proposed use and shall make affirmative findings that the proposed use conforms with the general standards set forth in this Article. In no case shall a conditional use permit be granted if the proposed use will constitute a nuisance or a public health or safety hazard to adjacent properties or to the community at large.
F.
Action By Board Of Aldermen. The Board of Aldermen shall consider the Planning and Zoning Commission's recommendation at the next regularly scheduled Board of Aldermen meeting for which the agenda item can be docketed. The Board of Aldermen shall consider the recommendation of the Planning and Zoning Commission and act in accordance with the procedures for amending zoning district boundaries. If the Board of Aldermen fails to act upon a recommendation within one hundred twenty (120) days from the receipt thereof, the application shall be deemed to have been denied.
Section 400.630 Standards For Issuance of Conditional Use Permits.
[Ord. No. 1892 Zoning Regs. Art. 10 §3, 4-7-1997]
A.
Generally. Before any permit shall be granted, the Planning and Zoning Commission shall make written findings certifying that adequate provision has been made for the following:
1.
The location and size of the proposed use in relation to the site and to adjacent sites and uses of property, and the nature and intensity of operations proposed thereon.
2.
Accessibility of the property to police, fire, refuse collection and other municipal services; adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking and loading areas.
3.
Utilities and services, including water, sewer, drainage, gas, and electricity, with particular reference to location, availability, capacity and compatibility.
4.
The location, nature, and height of structures, walls, fences, and other improvements; their relation to adjacent property and uses; and the need for buffering or screening.
5.
The adequacy of required yard and open space requirements and sign provisions.
6.
The general compatibility with adjacent properties, other properties in the district, and the general safety, health, comfort and general welfare of the community.
Section 400.640 Additional Conditions For Conditional Uses.
[Ord. No. 1892 Zoning Regs. Art. 10 §4, 4-7-1997]
In granting a conditional use, the City may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.
Section 400.650 Time Limit.
[Ord. No. 1892 Zoning Regs. Art. 10 §5, 4-7-1997]
A.
Sunset. A conditional use permit shall expire upon public hearing, unless a building permit is taken within twelve (12) months to effectuate such specially permitted use; or if no building permit is required, evidence of use is filed with Building Inspector.
B.
Abandonment. Once a specially permitted use ceases or is abandoned for a period of more than twelve (12) months, the conditional use permit shall expire upon public hearing; except that the conditional use permit for an auto salvage yard shall automatically expire if the State license for operating the auto salvage yard lapses for a period of time more than six (6) months.
C.
Home Occupation. A conditional use permit for a home occupation shall not be transferable to a new owner of the real estate.