[Ord. No. 1892 Zoning Regs. Art. 14 §1, 4-7-1997]
The City of Savannah Board of Aldermen from time to time may
supplement, change or generally revise the boundaries or regulations
contained in zoning regulations by amendment. A proposal for such
amendment may be initiated by the Board of Aldermen or the Planning
and Zoning Commission. If such proposed amendment is not a general
revision of the existing regulations and affects specific property,
the amendment may be initiated by application of the owner of property
affected. Applications for conditional use permits shall be considered
by the same procedure as zoning district amendments. Any such amendment,
if in accordance with the adopted Comprehensive Plan, shall be presumed
to be reasonable.
[Ord. No. 1892 Zoning Regs. Art. 14 §2, 4-7-1997]
All such proposed amendments first shall be submitted to the
Planning and Zoning Commission for recommendation. The Planning and
Zoning Commission shall hold a public hearing thereon at its next
regular meeting for which the application may be scheduled, shall
cause an accurate written summary to be made of the proceedings, and
shall give notice in like manner as that required for recommendations
on the original proposed zoning regulations. Such notice shall fix
the time and place for such hearing and contain a statement regarding
the proposed changes in regulations or restrictions or in the boundary
or classification of any zone or district. If such proposed amendment
is not a general revision of the existing regulations and affects
specific property, the property shall be designated by legal description
or a general description sufficient to identify the property under
consideration.
[Ord. No. 1892 Zoning Regs. Art. 14 §3, 4-7-1997]
In addition to such publication notice, written notice of such
proposed amendment shall be mailed at least fifteen (15) days before
the hearing to all owners of record of lands located within at least
one hundred eighty-five (185) feet of the area proposed to be altered.
All notices shall include a statement that a complete legal description
is available for public inspection and shall indicate where such information
is available. When the notice has been properly addressed and deposited
in the mail, failure of a party to receive such notice shall not invalidate
any subsequent action taken by the Planning and Zoning Commission
or the Board of Aldermen. Such notice is sufficient to permit the
Planning and Zoning Commission to recommend amendments to zoning regulations
which affect only a portion of the land described in the notice or
which give all or any part of the land described a zoning classification
of lesser change than that set forth in the notice. At any public
hearing held to consider a proposed rezoning, an opportunity shall
be granted to interested parties to be heard.
[Ord. No. 1892 Zoning Regs. Art. 14 §4, 4-7-1997]
A.
The
procedure for the consideration and adoption of a recommendation to
amend zoning district boundaries shall be in the same manner as that
required for the consideration and adoption of the original zoning
regulations. A majority of a quorum of the Planning and Zoning Commission
at the hearing shall be required to recommend approval or denial of
the amendment to the Board of Aldermen. If the Planning and Zoning
Commission fails to make a recommendation on a rezoning request, the
Planning and Zoning Commission shall be deemed to have made a recommendation
of disapproval. When the Planning and Zoning Commission submits a
recommendation of approval or disapproval of such amendment and the
reasons therefore, the Board of Aldermen may:
1.
Adopt such recommendation by ordinance;
2.
Override the Planning and Zoning Commission's recommendation by a
two-thirds (2/3) vote of the membership of the Board of Aldermen;
or
3.
Return such recommendation to the Planning and Zoning Commission
with a statement specifying the basis for the Board of Aldermen's
failure to approve or disapprove.
B.
If
the Board of Aldermen returns the Planning and Zoning Commission's
recommendation, the Planning and Zoning Commission, after considering
the same, may resubmit its original recommendation giving the reasons
therefore or submit a new and amended recommendation. Upon the receipt
of such recommendation, the Board of Aldermen, by a simple majority
thereof, may adopt or may revise or amend and adopt such recommendation
by the respective ordinance or it need take no further action thereon.
If the Planning and Zoning Commission fails to deliver its recommendation
to the Board of Aldermen following the Planning and Zoning Commission's
next regular meeting after receipt of the Board of Aldermen's report,
the Board of Aldermen shall consider such course of inaction on the
part of the Planning and Zoning Commission as a resubmission of the
original recommendation and proceed accordingly. The proposed rezoning
shall become effective upon publication of the respective adopting
ordinance or resolution.
[Ord. No. 1892 Zoning Regs. Art. 14 §5, 4-7-1997]
Any party desiring any change in zoning district boundaries
or regulations contained in this zoning ordinance, as to any lot,
tract or area of land, shall file with the Zoning Administrator an
application, and such application shall be accompanied by such data
and information as prescribed in these regulations.
[Ord. No. 1892 Zoning Regs. Art. 14 §6, 4-7-1997]
An application fee and filing deposit in amounts as established
by the Board of Aldermen shall accompany each application filed with
the City. Promptly upon the filing of any such application, the Zoning
Administrator shall refer the application to the Planning and Zoning
Commission agenda for study and recommendation and shall submit a
report to the Board of Aldermen concerning the nature of the application
and that said application has been referred to the Planning and Zoning
Commission.
[Ord. No. 1892 Zoning Regs. Art. 14 §7, 4-7-1997]
A.
Upon
the adoption or amendment of any such plan or part thereof by adoption
of the appropriate resolution by the Planning and Zoning Commission,
a certified copy of the plan or part thereof, together with a written
summary of the hearing thereon, shall be submitted to the Board of
Aldermen. No Comprehensive Plan shall be effective unless approved
by the Board of Aldermen.
B.
An
attested copy of the Comprehensive Plan and any amendments thereto
shall be sent to all other taxing subdivisions in the planning area
which request a copy of such plan.
[Ord. No. 1892 Zoning Regs. Art. 14 §8, 4-7-1997]
A.
In
order to recommend approval or disapproval of a proposed zoning district
amendment, the Planning and Zoning Commission shall consider the following
matters:
1.
Character of the neighborhood.
2.
Consistency with the Comprehensive Plan and ordinances of the City
of Savannah.
3.
Adequacy of public utilities and other needed public services.
4.
Suitability of the uses to which the property has been restricted
under its existing zoning.
5.
Compatibility of the proposed district classification with nearby
properties.
6.
The extent to which the zoning amendment may detrimentally affect
nearby property.
7.
Whether the proposed amendment provides a disproportionately great
loss to the individual land owners nearby relative to the public gain.
[Ord. No. 1892 Zoning Regs. Art. 14 §9, 4-7-1997]
A.
When
a proposed amendment would result in a change in the text of these
regulations, but would not result in a change of zoning classification
of any specific property, the recommendation of the Planning and Zoning
Commission shall contain a statement as to the nature and effect of
such proposed amendment and determination as to the following items:
1.
Whether such change is consistent with the intent and purpose of
these regulations;
2.
The areas which are most likely to be directly affected by such change
and in what way they will be affected; and
3.
Whether the proposed amendment is made necessary because of changed
or changing conditions in the areas and zoning districts affected,
or in the area of jurisdiction of such changed or changing conditions.
[Ord. No. 1892 Zoning Regs. Art. 14 §10, 4-7-1997]
Regardless of whether or not the Planning and Zoning Commission
approves or disapproves a zoning amendment, if a protest against such
amendment is filed in the office of the City Clerk/Treasurer within
fourteen (14) days after the date of the conclusion of the public
hearing pursuant to said publication notice, signed by the owners
of thirty percent (30%) or more, either of the areas of the land (exclusive
of streets and alleys) included in such proposed change, or within
an area determined by lines drawn parallel to and one hundred eighty-five
(185) feet distant from the boundaries of the district proposed to
be changed, such amendment shall not become effective except by the
favorable vote of two-thirds (2/3) of all the members of the Board
of Aldermen.
