STATE OF GEORGIA

EFFINGHAM COUNTY

AMENDMENT TO ARTICLE V
OF THE EF F IN GHAM COUNTY ZONIN G ORDINANCE

AN ORDINANCE TO AMEND ARTICLE V OF THE EFFINGHAM COUNTY

ZONING ORDINANCE AND TO REPEAL ALL OTHER ORDINANCES TN CONFLICT

HEREWITH.

BE IT ORDAINED by the County Board of Commissioners in regular meeting

assembled and pursuant to lawful authority thereof:

The text of section 5.15 -

PD Planned development district is deleted in its entirety and replaced
With the following:

It is the intent of this section that the PD

zoning district be reserved for the establishment and
continuance of shopping centers, residential
developments, recreational developments, industrial
parks, medical centers and similar types of large-scale, compatible use developments. The
regulations which apply Within this district are designed to encourage the formation of such
planned developments When appropriate and to permit the greatest latitude possible With respect
to:

1) Internal site planning considerations; and

2) The location of these developments within the unincorporated portions of

County in the best interest of comprehensive development plans of the county.
5.15.1 Eligibility requirements.

5.15.1.1 The site utilized for planned development must contain an area of not less than the

following:

WWW
Cultural or civic center (PD-C): 25 acres

General (PD-MU): No minimum acreage

Industrial (PD-I): 50 acres

Medical center (PD-M): 10 acres

Residential (PD-R): 20 acres

Shopping center (PD-S): 15 acres

Recreation (PD-MH): No minimum acreage

I

Page 1 ofll
 (PD-CM) TNO minimum acreage I

Any proposed planned development with a combination of any of the above will be
subj ect to the most restrictive land area requirement of the above listed single uses.

5.15.1.2 The site must have a minimum width, between any two opposite boundary lines of
300 linear feet and must adjoin or have direct, adequate access (as by the Highway
Capacity Manual, most current edition), to at least one improved public road as shown on
the County Road Map.
5.15.1.3 There is hereby established the requirement that development projects as determined
by the
planning board staff, Will submit a developments of regional impact report for
review by staff. All proj ects that are subj ect to the regional impact review, will follow the

procedures outlined by the Georgia Department of Community Affairs, Chapter 110-12-

3, Developments of Regional Impact (DRI), which must be completed and submitted to
the zoning for review, before local government action related to the proj ect occurs.
This will include but not be limited to the completion of F 01m 1: Initial DRI Information,
and if required Form 2: DRI Review Initiation Request for those projects meeting the
minimum threshold requirements. Based upon review of the information provided and
comments received from state and/or local agencies, planning board staff may request
that the applicant provide additional information to complete their review before the

eligibility requirements are met and the rezoning request is brought before the planning
board.

5.15.1.4 The area proposed shall be in one ownership, or if in several ownerships, the
application for amendment to the Zoning Ordinance shall be jointly by all of the
owners of the properties included in the plan.

5.15.1.5 Therequirements of the PD zoning district will hereafter apply to planned unit

development rezoning request currently under the review of County.

5.15.2 Procedure for Creating and Maintaining a PD District.

5.15.2.1 Any request pertaining to the establishment of a PD district shall be considered a

proposal for amendment to the Zoning Ordinance and shall be processed in accordance
With the regulations set forth in Article IX of Appendix C of the County Code
(hereafter Appendix C), With regards to application requirements, County
Planning Board review (hereafter planning board), and public hearings. All data set forth
in appendix C, shall be submitted to the planning board, and subsequently forwarded to
the County Board of Commissioners (hereafter board of commissioners) with
the recommendations of the planning board. If approved by the board of commissioners,
the master plan shall be delineated on the zoning districts map and such plan
and all information submitted in conjunction with the proposal, as amended, shall be

adopted as planned development district. A11 further development shall conform to the
standards adopted for the district, regardless of any changes in ownership. The Violation
of any provision of the master plan, as submitted and approved, shall constitute a Violation

Page 2 ofll
 of this Ordinance. In any event, where it is determined by the board of commissioners
that development of the PD district is not in accordance with the standards adopted for
thatdistrict, the board of commissioners shall be empowered to amend the Ordinance to

place parts or all of the property in its prior zoning

5.15.2.2Any substantial changes in the development of the district shall be treated as proposed
amendments to the Zoning Ordinance and must be considered in accordance with the
procedures set forth in Article IX. For purposes of this subsection, substantial change
shall be as an overall change in land use, change in acreage, a change in proj ect

intent, or a change in buffers along the proj external boundary. Minor changes will
not be treated as a proposed amendment to the Zoning Ordinance and may be approved

With authorization of the county manager and/or development services Minor

changes for the purpose of this subsection shall be as changes in street access or

alignment, changes in public or common areas, changes in building setbacks, or changes

to buffers between internal components of the proj ect. The development services

shall be responsible for determining whether a proposed change is substantial or minor.

Substantial changes must be approved by planning board and county commission.

Appeals based on hardship or an alleged misinterpretation of the Ordinance by the

development services shall be processed in accordance with the procedures set
forth in Article IX of this Ordinance.

5.15.2.3 Only after the PD zoning has been approved by the board of commissioners, may the
applicant submit a site plan for development, however, no building permit shall be issued
for a PD district until a site plan conforming to the requirements set forth in Appendix B,
entitled subdivision regulations, found within the County Code, has been
submitted to and approved by the Board of Commissioners.

5.15.2.4 N0 site plan approved by the board of commissioners shall be valid for aperiod
longer than 12 months, unless within such
period a preliminary plat is submitted pursuant
to Appendix B of the County Code. The planning board may recommend to
the board of commissioners to grant extensions not exceeding 12 months each upon
written request of the original applicant if the application submitted is substantially the
same as the initial application. However, the planning board, with approval of the board

of commissioners, has the power in such cases to attach new conditions to its reapproval
or disapproval of the reapplication. Where the application for reapproval contains

changes which the zoning administrator concludes materially alter the initial application,
he shall initiate a new site plan review procedure as stated herein.

5.15.3 Formal Application for a PD District.

A planned development district may be created only by the application procedures set forth
herein. Said application shall be submitted by the owners of the property for review by the

planning board and approval by the board of commissioners.

5.15.3.1 Prior to for planned development, a draft planned development text and a
a

conceptual plan shall be submitted to the development services for review and
comment The development services may include input from the county engineer,
building chief, and other county departments, as appropriate. The application
shall contain the following elements, where applicable:

Page 3 of 11
 A digital conceptual plan drawn at an accurate legible scale by a registered surveyor,
architect, landscape architect, or engineer, showing the following information:

a) Name of the development and the owner, north arrow, and a dated survey
depicting boundaries of the property with dimensions and bearings referenced to a

permanent monument;

[b) Reserved]

[e) Proposed parking for amenities;

d) Proposed land uses for each site;

e) Proposed water supply and means of sewage disposal;

f) Proposed major internal collector streets and points of access to public
way;

g) Proposed areas Which are to be dedicated 0r reserved for public or common use;

h) Maj or waterbodies, wetlands and drainage ways;

i) Proposed perimeter building setbacks and buffers;

j) The location, name and width of any existing streets within or adj acent
to the proposed development, and;
k) Proposed impact to the county school system by estimating the number of children

living in said development.

5.15.3.2 The application for master plan approval shall be With the development services
and shall contain thefollowing elements, Where applicable:
A digital master plan drawn at an accurate legible scale, and one copy on 11- by 17-inch
sheet, by a registered surveyor, architect, landscape architect, or engineer, showing the
all items required within section 5.15.3.1 above as well as the following information:

a) Existing contours at two foot intervals;

b) Location of proposed development areas and their size;

0) Tract boundary lines, dimensions, bearings and angles;

(1) Reference points to at least two permanent monuments;

e) The type and net density of dwelling units proposed for each residential site;

f) Internal collector streets and points of access to public

g) Areas which are to be dedicated or reserved for public or common use;

h) Maj or waterbodies, wetlands and drainage ways;

i) Proposed perimeter building setbacks and buffers;

j) Means of ingress and egress;

k) Access and circulation arrangements;

1) Types and use of proposed for buildings and structures;

Page 4 ofll
 m) Means of protecting or screening abutting properties, including proposed
landscaping; and

n) Location of proposed reservations, easements, or dedications.

5.15.3.3 A version of the written planned development text shall also be submitted for
review and approval with the master plan submittal and shall include:

a) A general description of the proposal;

b) A statement of the present ownership and a legal description of the property;

0) Proposed land uses and development standards, density and height limitations, yard
requirements, setback requirements, lot size requirements, and restrictive covenants;
d) Exceptions or variations from the requirements of the Zoning Ordinance, if any are

being requested;
e) Tables showing the total number of acres in the proposed development and the
percentage designated for each proposed type of land use, including public facilities;

f) Tabulations showing the maximum number, type and net density of dwelling units
proposed for each
building site;

g) Proposed dedication or reservation of land for public use, including streets,

easements, parks and school sites;

h) Plans for open space, courts, walks and common areas;

i) Plans for the provision of utilities, including water, sewer and drainage facilities;
j) Plans for parking, loading, access ways, signs, buffers and means of protecting
adj acent areas from lighting and other potential adverse effects;

k) A development schedule indicating the approximate date When construction of each

site or phase of development can be expected to begin and be completed; and

l) A statement the manner in Which the county commission is to be assured

that all improvements are to be installed and maintained;

5.15.4 Permitted Uses.

Any use proposed by the developer in the formal application for PD zoning that is considered
by the planning board and the board of commissioners as being compatible With other nearby
uses within and without the district and in keeping With the intent of the County
Comprehensive Plan may be permitted in such district upon approval by the planning board
and the board of county commissioners. A listing of permitted uses for each separate tract
Within a particular PD district shall be adopted as part of the regulations applying to that
district. Thereafter, the uses permitted in the district shall be restricted to those listed, approved
and adopted according to procedures set forth herein.

5.15.5 Preliminary Plan Approval.

5.15.5.1 In all PD zoned districts, a building permit shall not be issued by the building
until the preliminary plan (as within Appendix B of the County Code)

Page 5 ofll
 has been approved by the development services department in accordance with Chapter
30, Article III(Soil Erosion and Sedimentation Control), Chapter 34 (Flood Damage
Prevention), Chapter 58, Article I (Roads), and Appendix B (Subdivision Regulations) of
the County Code. The preliminary plan approval procedure is intended to
ensure substantial conformity to the approved master plan.

5.15.5.2 No application for preliminary plan approval shall be required for a change in a
permitted use not involving a new building, an external expansion of an existing building,
or an accessory use not associated with a retail, or commercial recreation facility.

5.15.5.3 An application for

preliminary plan approval may be by any person having a
contractual or proprietary interest in the property. Said application shall be
with the development services and shall include a digital version of the site plan

prepared by a registered surveyor, architect, landscape architect, or engineer at a scale of

not less than 1 inch 400 feet, as well as one copy on 11- by 17-inch sheet. The sketch
=

plan shall conform to the requirements set forth in Appendix B.

5.15.5.4 Once planned development rezoning is approved, an application for sketch plan
approval may be submitted according to the application deadline and meeting schedule.
The planning board, after giving public notice, shall hold a hearing to act on the

application. The planning board, at said hearing, shall pass their order of approval or
approval with conditions.
The planning board, before acting upon the sketch plan, shall ensure that it complies with
the provisions of this Ordinance, the design criteria and development standards set forth
in Appendix B, and any applicable special requirements set forth within the

County Code.

5.15.5.5 Conditions and restrictions.

a) In approving a sketch plan application, the planning board may recommend and the board
of commissioners may impose conditions and restrictions and may vary the standards set
forth in this Ordinance so long as the general intent of this Ordinance is carried out and
the zoning districtregulations established herein are not varied as to make them less
restrictive. If the planning board and board of commissioners s0 acts, it shall
state those requirements which must be met before an applicant may be granted sketch

plan approval, preliminary plan approval and a building permit. Subsequent to approval
or conditional approval by the board of commissioners, the development services

shall issue a notice to proceed to the applicant. The notice to proceed shall include, as

appropriate, recommended changes in the sketch plan to be incorporated into the

preliminary plan to assist the applicant in obtaining preliminary plan approval, in
accordance with Appendix B (Subdivision Regulations) of the County Code.

b) development services department requires any correction or revision

In the event that the
of thepreliminary plan, the applicant shall submit a preliminary plan corrected or revised
in accordance with the recommendation of the development services before

preliminary plan approval and a building permit may be granted.

c) The planning board may recommend and the board of commissioners may delegate to
the development services the power to grant the approval of the preliminary

Page 6 ofll
 plan application upon the determination that the prescribed
conditions and/or corrections have been met by the applicant.
5.15.5. 6 Following preliminary plan approval, the use of land and the construction or
alteration of any buildings and structure shall be governed by the approved master plan
and approved preliminary plan, except that, minor changes in the location or character of

buildings and structures may be authorized by the development services No

change so authorized may increase the size of any building or structure by more than ten
percent, nor change the location of any building or structure by more than ten feet in any
direction; provided however, the development services may not permit changes
beyond conditions of approval or requirements set forth in this Ordinance.

5.15.5. 7 If the proposed master planincludes the subdivision of land for any purpose or the
installation of new streets, the information required above any additional information
required for the submittal of preliminary plan and subdivision plats under Appendix B of

County shall be processed in accordance With Appendix B.

5.15.6 Design Criteria and Development Standards.

5.15.6.1 In all PD districts, the general provisions set forth in Appendix B shall govern unless
relief is granted by the planning board and the board of commissioners.

5.15.6.2 The planning board and the board of commissioners, before approving a PD district
master plan, and preliminary plan, shall ensure that the respective plans comply With the
following applicable design criteria and development standards:

a) Overall site design should be harmonious in terms of landscaping, enclosure of

principal and accessory uses,

parcel sizes, patterns, and land use relationships.
street

Variety in building types, heights, facades, setbacks, and size of open spaces shall be
encouraged. Common open space shall be at least 20 percent of the overall site. In a
PD-R, or residential portion of a PD-MU, no more than 50 percent of required
common open space shall be unbuildable land.

b) Unless otherwise in the approved development text, densities per acre for
residential dwelling units shall not exceed those set forth for residential districts.

Yard and other dimensional for each PD district may be set by the
requirements
board of commissioners, upon recommendation of the planning board. Residential
district standards shall serve as minimum requirements for residential units proposed
for location in a PD district. The most restrictive standards elsewhere in
this Ordinance they apply
as commercial, industrial,
to and institutional uses shall
serve as minimum requirements for such uses located in PD districts.

d) Parking, loading and other requirements for each PD district may be set by the board
of commissioners, upon recommendation of the planning board. The standards of
Appendix B shall serve as a general guide to such requirements, except that, the
number of spaces may be
parking in consideration of the

following factors: Probable number of cars owned by dwelling unit occupants; and

varying time periods of use, When use of common parking areas is proposed.
Where development abuts a separate single-family residential district, buildings,
parking lots and other structures other than single-family dwellings and two-family

Page 7 of 11
 dwellings, must be set back from the
separating property line or district boundary
line, not less than 30 feet for
multi-family residential, public or institutional uses or
50 feet for commercial or industrial uses, to ensure the absence of any obj ectionable
effects on or from abutting districts.

Property lines abutting single-family residential districts must be screened by a

permanent, attractive planted buffer, wall or fence not less than six feet in height and
to screen out excessive sound and View from the residential areas, except
in the following instances:

Where one and dwellings within the PD district are on property

immediately adjoining a residential district, then the planning board may recommend
and the board of commissioners may waive the buffer requirement.

Where multi-family dwellings and townhouses Within the PD district are on property
immediately adj oining multi-family dwellings or townhouses in a residential district,
then the planning board may recommend and the board of commissioners may waive
the buffer requirement.

However, all parking lots, storage yards, and outdoor recreation areas must be

enclosed With a planting screen, wall or fence to a height of at least six feet excluding
gates or exit points.

f) Within a district, the design should include buffers suitable for screening
PD
residential areas from institutional, commercial and industrial uses When a danger of

incompatibility appears to exist.

g) Lighting facilities shall be arranged in a manner which Will protect the highway and

neighboring properties from direct glare or hazardous interference of any kind.

h) Sign requirements may be set by the board of commissioners, following
recommendationby the planning board.

i) In PD districts, parking and loading or for

areas used for ways shall be
physically separated from public streets by suitable barriers against unchanneled
motor vehicles ingress or egress. Access ways shall generally conform to standards

set forth in Appendix B, With the following conditions:

Shopping centers, other individual commercial, industrial, institutional and multi-

family uses shall have not more than two access points to any one public street, unless
unusual circumstances demonstrate the need for additional access points.

Where possible, all access points to ashopping centers or other

public street from

individual commercial, industrial, institutional and multi-family uses shall be located

at least 100 feet from the intersection of any street and shall be designed
in a manner conducive to safe ingress and egress.

[5.15. 7] Permitted PD Districts.

The following uses shall be as planned developments subject to the provisions of

this section governing such projects, and to the special provisions as indicated:

Page 8 ofll
5.15.7.1 Cultural or civic center

Characteristics and intent: It is the intent of the PD-C district to permit in the form of a

large scale development the location and proper arrangement of major public and/or
private cultural and civic facilities as well as any necessary supporting activities.

5.15. 7.2 Mixed use (PD-MU).

Characteristics and Intent: It is the intent of the PD-MU district to encourage the large
scale planned development of mixed uses or groups of uses not otherwise provided for in
this section but considered by the planning board and the board of commissioners to be

compatible and worthy for inclusion in a PD district, and further, to encourage the
development of such uses or groups of uses according to the requirements and standards
of this section.

5.15. 7. 3 Industrial (PD-I).

Characteristics and intent: It is the intent of the PD-I to be developed and reserved

primarily for industrial purposes in a planned, organized and controlled development. The
regulations Which apply within this district are designed to encourage the formation and
continuance of compatible industrial uses which involve manufacturing, assembling and
processing operations or the sale and distribution of goods or products at Wholesale and

to discourage any encroachment by residential, commercial or other uses, except those

Which augment the principal purpose of the district.

Special requirements: In addition to the information required in Appendix B, site plans

for PD-I districts shall show the following items, if applicable:

a) Loading zones.

b) Rail facilities.

c) facilities.

(1) Electric, oil, gas or any other power systems.

e) Plans for control of air and water pollution.

f) Plans for control of mining nuisances.

5.15. 7.4 Medical center

Characteristics and intent: In View of the unique methods of hospitals, their land needs,
and their effect surrounding properties, it is intended that this planned development be
on

set asideas a specialized area for hospitals and allied services; that this area be protected

against encroachment from non-related and incompatible uses, that provisions be made
for the expansion of hospitals and allied services, and that, to the greatest possible extent,
surrounding land uses and properties be stabilized against any possible detrimental effects
that might be created by the proximity of the hospital and allied services.

5.15. 7. 5 Residential (PD-R).

Characteristics and intent: It is the intent of this Ordinance that the PD-R district may be
applied to any residential area where the developer wishes to apply use regulations or

Page 9 0f 11
 controls more restrictive than those required by other residential districts in this
Ordinance.

Special requirements: In addition to other information required elsewhere in this section

for submission of a PD district, applications for PD-R districts shall be accompanied by
any additional restrictions, limitations, conditions, plans, easements, rights, or privileges
beyond those normally required in a residential district in this Ordinance, which the
developer proposes for application to this proposed PD district.

Such information shall be submitted in written form or, Where applicable, on maps. The
information shall be reviewed in the normal course of processing the PD proposal. If the

over-all PD district proposal is adopted as a part of the Ordinance, those restrictions or

other conditions approved by the planning board and the board of commissioners shall
also be adopted as part of the requirements applying to that particular PD district and shall
also become part of the Ordinance.

5.15.7.6 Shopping center (PD-S).

Characteristics and intent: The purpose of the PD-S district shall be to encourage the
logical and timely development of land for commercial purposes and the expansion of
shopping and/or commercial centers, in accordance With the objectives, policies and
standards of the comprehensive plan; and to discourage any use Which would interfere
With the use of the district as a shopping, commercial and service center for surrounding
residential neighborhoods.

In addition to information required elsewhere in this section, applicants for PD-S districts
may be required to submit a market analysis showing the economic need for a shopping
center of the size being proposed, and the inadequacy of existing commercial districts and

vacant, commercially zoned land to meet this need. For these purposes, the market
analysis shall contain the following:

a) Determination of the population of the trade area of the proposed shopping center;
b) Determination of average family incomes by logical sub-areas, and the effective
buying power, both at present and ten years in the future;

0) Estimates of the square footage and gross sales of competitive retail stores; and

(1) Determination of net potential customer buying power for stores in the proposed
shopping center.

5.15. 7. 7 Recreation (PD-REC).

Characteristics and intent: It is the intent of the PD~REC district to provide a sound and

healthy recreational environmentunique to this

development style. Minimum lot and site

requirements shall meet or exceed those detailed in Appendix C. Design criteria and
development standards in the PD district regulations shall also apply. Section 5.15. Rules
and regulations for development of mobile home parks shall be presented to applicants
as a reference for developing their planned development zoning text.

5.15.7.8 Commercial (PD-CM)

Page 10 ofll
 Characteristics and intent: It is the intent of the district to encourage development
of commercial developments for
uses or groups of uses not otherwise provided for in this
section but considered by the planning board and the board of commissioners to be

compatible and worthy for inclusion in a PD district and, further, to encourage the
development of such uses or groups of uses according to the requirements and standards
of this section.

5.15.8 Maintaining Common Facilities/Areas.

If other satisfactory arrangements have not been met prior to approval, i.e., public dedication
or private ownermanagement, a homeowners
property
or association shall be created for

operating, maintaining, and improving common facilities such as streets, driveways, parking areas,
drainage ways, landscaping and recreation areas.

All ordinances or parts of ordinances in herewith are hereby repealed.

\J (MW
This of
mad , 202;

BOARD OF COMMISSIONERS,
EFFINGHAM COUNTY, GEORGIA

CHAI

ATTEST:

t0
STEPH JOHNSON
EFFINGHAM COUNTY CLERK

FIRST READING
(gt;
SECOND READING OW 04(2022

Page 11 0f11