APPENDIX A
ZONING*

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Editor's note: Printed herein is the Zoning Ordinance of the City of Pooler, Georgia, as adopted by the aldermanic board on March 4, 1996. Amendments to the ordinance are indicated by parenthetical history notes following amended provisions. At the request of the city the terms "mayor and council," "city council" and "governing body" have been changed to "aldermanic board." The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets.

Cross references: Buildings and building regulations, ch. 22, environment, ch. 42; floods, ch. 50; planning, ch. 62; signs, ch. 66; streets, sidewalks and other public places, ch. 74; subdivisions, app. B.

State law references: Authority to adopt plans and exercise the power of zoning, Ga. const., art. IX, § II, ¶ IV; local government zoning powers, O.C.G.A. § 36-66-1 et seq.; conflicts of interest in zoning actions, O.C.G.A. § 36-67A-1 et seq.

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Article I. Introduction

Sec. 1. Enactment.

Sec. 2. Title.

Sec. 3. Purpose.

Sec. 4. Scope.

Sec. 5. Severability and conflict.

Article II. Definitions

Article III. General Provisions

Sec. 1. Nonconforming uses.

Sec. 2. Access to public street required.

Sec. 3. Preexisting substandard lots.

Sec. 4. Buildings to be moved.

Sec. 5. Off-street parking and unloading.

Sec. 6. Schedule of development regulations.

Sec. 7. Obstruction to vision at street intersections.

Sec. 8. Prohibited uses in residential districts.

Sec. 9. Single family residential standards.

Sec. 10. Manufactured home park requirements.

Sec. 11. Protective screening of adjacent residential property.

Sec. 12. Accessory structures.

Sec. 13. Satellite receiving dish antenna.

Sec. 14. Swimming pool requirements and placement.

Sec. 15. Decks and patios.

Sec. 16. Communication equipment.

Sec. 17. Secondary dwelling structures.

Sec. 18. Home occupations and home business offices.

Sec. 19. Child-care facilities.

Sec. 20. Adult care facilities.

Sec. 21. Country clubs.

Sec. 22. Animal hospitals.

Sec. 23. Drive-in theaters.

Sec. 24. Churches and other places of worship.

Sec. 25. Adult entertainment establishments.

Sec. 26. Campsites and RV parks.

Article IV. Zoning Districts

Sec. 1. Establishment of zoning districts.

Sec. 2. Districts shown on maps.

Sec. 3. Interpretation of zoning district boundaries.

Sec. 4. Conditional uses.

Sec. 5. R-1A, one-family residential dwelling district.

Sec. 6. R-1B, one-family residential dwelling district.

Sec. 7. R-1C, one-family residential dwelling district.

Sec. 8. R-2A, two-family residential dwelling district.

Sec. 9. R-2B, two-family residential dwelling district.

Sec. 10. R-2C, two-family residential dwelling district.

Sec. 11. R-3A, multifamily residential dwelling district.

Sec. 12. R-3B, multifamily residential dwelling district.

Sec. 13. R-3C, multifamily residential dwelling district.

Sec. 13.1. R-4, townhouses and condominiums district.

Sec. 14. MH-1, manufactured home dwelling district.

Sec. 15. MH-2A, manufactured home dwelling district.

Sec. 16. MH-2B, manufactured home dwelling district.

Sec. 17. MH-3, manufactured home park district.

Sec. 18. C-1, light commercial district.

Sec. 19. C-2, heavy commercial district.

Sec. 20. C-P, commercial-professional.

Sec. 21. I-1, light industrial district.

Sec. 22. I-2, heavy industrial district.

Sec. 23. R-A, residential-agricultural district.

Sec. 24. RA-1, residential-agricultural, limited district.

Sec. 25. RA-2, residential-agricultural, two-family dwelling district.

Sec. 26. Planned unit developments (PUD).

Article V. Procedures for Administration and Enforcement

Sec. 1. Permits required for construction.

Sec. 2. Permits or actions required by this ordinance.

Sec. 3. Fees.

Sec. 4. Application for permits or actions under this ordinance.

Sec. 5. Public notice.

Sec. 6. Public hearing requirements.

Sec. 7. Standards for conditional use permission.

Sec. 8. Site plan approval.

Sec. 9. Variances.

Sec. 10. Standards for zoning ordinance or map amendment.

Sec. 11. (Reserved)

Sec. 12. Enforcement.

Sec. 13. Other city actions affected by this ordinance.

ARTICLE I.
INTRODUCTION

Section 1. Enactment.

In accordance with the authority granted by the Constitution of the State of Georgia as enacted by the Georgia General Assembly and Ratified by General Election, the Aldermanic Board of Pooler, Georgia, hereby ordain and enact into law the City of Pooler Zoning Ordinance. As part of this ordinance so enacted into law is "The Official Zoning Map of Pooler, Georgia."

Section 2. Title.

This chapter shall be known as the "Zoning Ordinance of the City of Pooler, Georgia." The map herein referred to, which is identified by the title, shall be known as the "The Official Zoning Map of the City of Pooler, Georgia."

Section 3. Purpose.

The zoning regulations and districts as herein set forth have been made for the purpose of promoting the public health, safety, morals, general welfare, convenience and prosperity of the citizens of the City of Pooler, Georgia. The regulations and arrangements of districts have been designed to lessen congestion in the streets, to secure safety from fire, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of water, sewer, schools, parks and other public requirements and to encourage the most appropriate use of land throughout the city.

Section 4. Scope.

This ordinance of the City of Pooler, Georgia:

(A) regulates the location, height, bulk, number of stories and size of buildings and other structures; the percentage of lot which may be occupied; the sizes of yards and other open spaces; the density and distribution of population;

(B) [regulates] the uses of buildings; structures and lands for trade, industry, residence, recreation, conservation, water supply, sanitation, public safety, public activities;

(C) [regulates] the preservation of scenic areas, protection against floods, rising waters and erosion, and other purposes;

(D) creates districts for said purposes and establishes the boundaries thereof;

(E) defines certain terms used herein;

(F) provides for the method of administration, appeal and amendment, enforcement, duties and the provision of penalties for violation.

Section 5. Severability and conflict.

If any section, subsection, clause [or] provision of these regulations shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, subsection, clause, provision or portion of these regulations which is not invalid or unconstitutional. Where the provisions of this ordinance are in conflict with other ordinances, the most restrictive provisions shall be enforced.

ARTICLE II.
DEFINITIONS

Generally, words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the term "used" includes the words arranged, designed or intended to be "used"; the term "occupied" includes the words "arranged, designed or intended to be occupied"; the word "structure" includes the word "building", "dwelling" or "unit"; the word "lot" includes the word "plot", "parcel" or "tract". Specific definitions include the following:

Accessory building. A subordinate building or a portion of the main building, the use of which is incidental to the primary use of the main building or land. An accessory use is one which is a necessary function of the main use of the building.

Adult day care. An establishment where care and therapy is provided to elderly persons during normal business hours.

Adult media store. An establishment having more than ten percent of its stock-in-trade books, magazines, publications, video tapes, or film that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

Adult movie theater. An enclosed building used for presenting film or video material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

Agriculture. The production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nut, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program.

Alley. A public thoroughfare or way, not more than 30 feet in width except for necessary turnarounds, and which normally provides a secondary means of access to abutting property.

Alteration. Any change in size, shape, character, occupancy or use of a building or structure.

Alteration of structure. Any change in the support members of the building, such as bearing walls, columns, beams or girders.

Animal hospital. A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

Arcades. A commercial use, open to the public, that contains coin-operated games, rides, shows, and similar entertainment facilities and devices.

Automobile repair and service station. A building and/or a lot in or upon which the business of general motor vehicle repair and service is conducted, but excluding a junk auto wrecking or salvage business.

Automobile sales. The use of property for the purpose of selling new or used vehicles.

Automobile wrecking. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

Average adjacent grade. The average natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Bar. Any place devoted primarily to the retailing and drinking of malt, vinous, or other alcoholic beverages, or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Blighted area. An area characterized by deteriorating and/or abandoned buildings; inadequate or missing public or community services; and vacant land with debris, litter, lack of sanitation facilities, trash and junk accumulation, and impacted by adverse environmental nuisances, such as noise, heavy traffic, and odors.

Boardinghouse. A building other than a hotel or motel where for compensation and by arrangement for a definite period of time, meals or lodging or both are provided for three or more persons.

Buffer. Open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use of property from another so as to visually shield or physically block noise, lights, or other nuisances.

Building. Any structure except a trailer, which has a roof, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.

Building official. The person or persons designated by the aldermanic board to enforce the provisions of this ordinance and charged with the responsibility for building inspection and construction permitting.

Building setback line (front yard). A line extending across the front of the lot from side lot line to side lot line, and lying between the property line and vertical wall of the structure or vertical plate line of porches or carports. (See illustration figures 2 and 3)

Business services. Any activity where the primary function is to support commercial office uses, such as secretarial, graphics, advertising, accounting and similar services.

Caretakers dwelling. An accessory building or portion of a primary structure used or designed for use as a residence, specifically, as an accessory use to the principle structure. Other terms for this type of dwelling unit includes: granny home, mother-in-law cottage and guest house. By no means shall such a use be considered a separate primary structure, eligible for a minor subdivision if either resulting lot created will be substandard in size.

Carports. A structure intended for vehicle storage not completely enclosed by walls and doors.

Child care center. An establishment which provides care for seven or more children, opened for a major portion of the day or night, and where meals may be served. A child care center is a land use that is predominantly commercial in nature.

Church. A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses that are non-commercial in nature.

Clinic. An establishment where patients who are not lodged overnight are admitted for examination and treatment.

Club, private. Associations and organizations of a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include nightclubs, or other institutions operated for profit.

Club (country-club). A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.

Commercial use. Activity involving the sale of goods or services carried out for profit.

Condition of fact. Statement of [or] presentation including but not limited to drawings, planning data, and engineering data that the proposed use of land meets the intent of the zoning district for which it is proposed.

Conditional use. A use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the zoning ordinance and authorized by the approving agency.

Condominium: A building, or group of buildings, in which dwelling units, or floor area, are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

Convalescent home. A building, or portion thereof, wherein for compensation, living accommodation and care are provided for persons suffering from illness, other than mental or contagious, which is not of sufficient severity to require hospitalization, or for persons requiring further institutional care after being discharged from a hospital other than a mental hospital.

Convenience store. Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches other than freshly prepared foods, such as salads, for off-site consumption.

Drive-in restaurant or refreshment stand. Any place or premises used for the sale, dispensing or serving of food, refreshments or beverages to patrons who enter upon the premises in automobiles, and for the consumption of food, refreshments or beverages in automobiles.

Drive-through. A facility designed to accommodate pickup of food, merchandise or services by motor vehicle momentarily at rest in a driveway expressly designed for that purpose.

Duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

Dust-free parking. An area with a constructed surface designed to support automobiles and trucks in a manner by which the surface material will not be carried away by wind, storm water, or normal use. Asphalt and cement serve as ideal materials for dust-free parking surfaces.

Dwelling. Any building or portion thereof which is designed for or used for residential purposes.

Dwelling, multifamily. A building designed for three or more families.

Dwelling, one-family. A building, designed for one family, not containing more than one dwelling unit intended for residential use.

Dwelling, two-family. A building designed for two families.

Dwelling unit. A space, area or portion of a building designed for and occupied by one family as a dwelling unit, with cooking facilities for the exclusive use of such family.

Easement. A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.

Energy conservation device. Any device, such as a solar heating unit, which is designed to alter energy use patterns so as to provide the same level of services while requiring less total energy expenditures.

Erected. Built, constructed, reconstructed, moved upon or any physical operations on the premises required in building. Excavation, fill, drainage, and the like shall be considered a part of erection.

Essential services. Any structure, or facility (not including buildings over 200 square feet in interior area) required by a utility owned by the city or franchised to operate within the city limits, which by its nature, is customarily required to be located in a specific proximity to the area it services, as determined by the city engineer.

Expressway. See Street, expressway.

Family. One or more persons occupying a dwelling unit, living as a single, nonprofit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

Family day care home. A private residence operated by any person paid to supervise and care for three but not more than six children under 18 years of age who are not related to such persons and whose parents or guardians are not residents in the same private residence. This service may be provided for a duration of less than 24 hours per day. A certificate of registration for such activity issued by the Georgia Department of Human Resources is required.

Fences. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

Floor area. The area within the perimeter of the outside walls of the building with no deduction for corridors, stairs, closets, thickness of wall, columns or other features but excluding utility rooms not accessible from the interior of a dwelling, unenclosed porches, terraces or breezeways and carports or garages.

Flea-market (see also open-air market). An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

Fraternal organization. A group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership requirements.

Frontage of a building. The [length of the] side of [a] wall of a building approximately parallel [to] and nearest to a street.

Game rooms. An arcade that is secondary to the primary use of a commercial structure.

Garage apartments. An accessory building or portion of a primary structure used or designed for use as a residence, specifically, as an accessory use to the principle structure. Such use may be rented where permitted if it meets occupancy standards of a dwelling unit.

Gas station. Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels.

Governing body. The Pooler City Council.

Greenhouses. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

Guest home. Living quarters within a detached accessory building located on the same lot or parcel of land as the primary structure, used exclusively for housing members of the family occupying the main building and their non-paying guests. Such quarters shall not be rented or otherwise used as a separate dwelling. By no means shall such a use be considered a separate primary structure and eligible for a minor subdivision if either resulting lot created will be substandard in size.

Hazardous substance. A substance which, by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury. Such substance is regulated by the federal government under the Resource Conservation and Recovery Act.

Hardship. See Variance, hardship.

Height of building. The vertical distance from the average adjacent grade at the center of the front of the building to the highest point of the roof surface for a flat roof, to the deck line for a mansard roof and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Home business office. An office within a dwelling which is secondary to the use of the structure for dwelling purposes. The office may be for service or trade workers who customarily work at different locations, such as electricians, plumbers, appraisers, or individuals who work at home, such as writers or computer programmers. Home business (telephone use only) offices are not offices for customer servicing. Customers are prohibited from visiting the office and there may be no signs indicating the presence of such office on the premises.

Home occupations. An occupation customarily carried on within a home by the owner or spouse of the owner for gain or support, involving the sale of only those articles, products, or services produced on the premises, conducted entirely within a dwelling unit and conducted entirely by persons residing in that dwelling unit, using only that equipment as is customarily found in a home and involving no display of articles or products.

Hospital. Any institution receiving inpatients or a public institution receiving outpatients and authorized under state law to render medical, surgical, or obstetrical care.

Hotel. A building which is open to the public, for compensation, [providing] lodging or board, or both, for 20 or more persons and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times.

Impervious surface. Any permanent material that prevents absorption of stormwater into the ground at a percolation rate slower than 120 minutes per inch. This includes but is not limited to buildings, swimming pools, decks, patios, accessory structures, and asphalt, brick, or concrete surfaces.

Injunction. A writ granted by a court of equity whereby one is required to do or refrain from doing a specified act.

Junkyard. Use of property for indoor or outdoor storage, keeping, abandonment, sale or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking and structural steel materials and equipment or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

Kennel. Any place or premises where four or more dogs or cats over four months of age are kept.

Kindergartens. See Public school.

Land, developed. A lot for which building plans have been reviewed and approved by the city administration and physical construction has begun.

Land, improved. A lot which has usable water and sewer service immediately accessible to the site as determined by the city engineer.

Laundromat. A business that provides home type washing, drying and/or ironing machines for hire.

Lot. A developed or undeveloped parcel or tract of land in one ownership, legally transferable as a single unit of land. The following provides a list of various lot descriptions:

1. Corner lot. A lot abutting upon two or more streets at their intersection.

2. Interior lot. A lot, the side lines of which do not abut on a street.

3. Through lot. An interior lot having frontage on two or more streets.

4. Flag lot. A lot with access provided to the bulk of the lot by means of a narrow corridor. (See figure 1)

Lot area, usable. The lot area less easements, setbacks, and areas not suitable for construction (e.g. wetland and floodways).

Lot, business. Front line of business lots shall have a five-foot plat provided for the purpose of beautification. This shall consist of plantings of shrubbery and grass for the enhancement of the location.

Lot depth. The average distance between the front and rear lot lines.

Lot line, rear. The lot line opposite or most distant from the lot line whichever is most compatible with setbacks of adjacent properties. In the case of triangular or gore-shaped lot wherein the two side plot lines coverage in the rear, the rear lot line shall be considered to be a line ten feet in length within the plot parallel to and at the maximum distance from the front plot line.

Lot line, side. Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is a side lot line. A side lot line separating a lot from another lot or plots is an interior or side lot line.

Lot width. The horizontal distance between the side lot lines of a lot measured at the front yard building setback line.

GRAPHIC UNAVAILABLE: Lots and their Frontage

Live adult entertainment. An establishment devoted to adult entertainment, either with or without a liquor license, presenting distinguished and characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas. Such entertainment includes but is not limited to wet T-shirt contests, bikini mud-wrestling, topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainment for observation by patrons.

Mandamus (writ of). A writ issued by a superior court commanding the performance of a specified official act or duty.

Marquee. A canopy or covered structure projecting from and supported by a building when such canopy or covered structure extends beyond the building, building line, or property line.

Manufactured housing. A factory-built, single family structure that is manufactured under the authority of 42 USC Sec. 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is designed to be used as a place of human habitation with or without a permanent foundation when connected to the required utilities. It is not constructed with a permanent hitch or other device allowing transportation of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

Mini-warehouses (self-service storage facility). A structure containing separate, individual, and private storage spaces of varying sizes leased or rented on an individual basis for varying periods of time. These storage spaces or units shall not exceed 2,500 square feet and shall not be used for any activity other than storage. There may be one caretaker's dwelling permitted for the entire facility.

Mobile home. A form of manufactured housing, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length. When erected on site, a mobile home is 320 or more square feet and is built on a permanent chassis. The finished structure is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. Mobile home structures include plumbing, heating, air-conditioning, and electrical systems contained therein and were manufactured prior to June 15, 1976.

Modular home. A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of the Southern Building Code Congress International, the Georgia Industrialized Building Act, or the National Manufactured Housing Construction Act as amended. For the purposes of this ordinance, modular home shall be construed to be a single family dwelling.

Motel. A building or group of buildings containing sleeping accommodations and customary accessory uses for rental primarily to automobile transients.

Neighborhood. An area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as rivers.

Net acre of residential land. Net acre of residential land shall be defined as any portion of lot area reserved for, or intended to be used for, residential buildings, open space, recreation space, and similar accessory uses, excluding areas devoted to streets, driveways, parking and loading facilities, and similar uses or structures. Net residential land shall further be fined as the difference between "gross land area" less "car area" and any area devoted to nonresidential uses of structures, offices, institutional uses, commercial uses, and similar uses.

Nightclub. A restaurant, dining room, bar or other similar establishment providing food or refreshments wherein floor shows or other forms of entertainment are provided for guests.

Nonconforming use. A structure or land lawfully occupied by a use at the time of the adoption or subsequent amendment of this ordinance which is not permitted in the district in which such structure or land is located.

Nursery school. A place for the day care and instruction of children not remaining overnight.

Nursing home. A home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Occupied. Arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Off-site parking. Any vehicular parking area located on a lot other than that which the parking serves.

Open air market. A principal commercial activity that occurs at a fixed location, where a proprietor, partnership, or corporation leases to vendors a booth or commercial stall from which the vendor markets his or her goods. Part or all of the open air market is conducted outside of an enclosed structure; sidewalk sales are not included under this definition. Each vending location shall have access via an internal walkway, courtyard, path, or common area.

Package store. A place where alcoholic beverages are dispensed or sold in containers for consumption off the premises.

Park. A tract of land, designated and used by the public for active and passive recreation.

Parking. The temporary, transient storage of motor vehicles used for transportation, while their operators are engaged in other activities. It shall not include storage of new or used motor vehicles for sale, services, rental or any other purpose other than specified above. "Parking" as defined herein shall apply only to open-air storage of motor vehicles.

Parking space. The space required to park one automobile, which shall be a minimum of eight feet wide and 20 feet long, exclusive of passageways.

Person. Individual, association, firm, partnership, or corporation.

Personal and professional services. Any business activity of a personal or professional nature provided to the general public, such as banking, barbershops, beauty shop, dry cleaning pickup and medical or dental.

Personal care home. A building or group of buildings, a facility or place in which is provided two or more beds and other facilities and services, including room, meals, and personal care for nonfamily ambulatory adults for compensation. The following are three specific types of personal care homes:

1. Family personal care home. A home for adults in a family type residence, non-institutional in character, which offers care to two through six persons.

2. Group personal care home. A home for adult persons in a residence or other type building(s), non-institutional in character, which offers care to seven through 15 persons.

3. Congregate personal care home. A home for adults which offers care to 16 or more persons.

Planned Unit Development (PUD). Land under unified control to be planned and developed in single development operation or a definitely programmed series of development operations; such development may include a program for establishment, operation, and maintenance of common open spaces, areas, facilities, and improvements available for common use by occupants of the district; and a development consisting of principal and accessory structures and uses substantially related to the character of the district, which will be developed according to comprehensive and detailed plans for streets, utilities, lots, or building sites, and the like.

Preschool. A child day care facility specializing in preparing children for a formal education environment.

Private school. See School, Private.

Porch. A roofed-over space attached to the outside of an exterior wall of building, which has no enclosure other than exterior walls of such building.

Public use. Buildings, structures and uses of land owned, operated or maintained by a government unit or government agency, including but not restricted to public easements, public schools, fire stations, recreation sites and facilities and water treatment facilities.

Recreational vehicle. A vehicular type structure, primarily designed as temporary living quarters for recreation, camping, or travel use which either has its own power or is mounted on or drawn by another vehicle which is self-powered.

Recycling center.

(1) Collection center. A site where recyclable goods are accepted and removed to a processing center on a semi-weekly basis at a minimum.

(2) Materials recovery facility. A facility where recyclable materials are separated and processed from common household and commercial solid waste.

(3) Processing center. A site where recyclable materials are separated and refined for shipment or delivery to a recycling plant.

(4) Recycling plant. A site where recyclable materials are refined directly into raw materials.

Refuse. See Solid waste.

Remodeling, redecorating, or refinishing. Any change, removal, replacement or addition to walls, floors, ceilings, and roof surfaces or coverings which do not support any beam, ceiling, floor, load-bearing partition, columns, exterior walls, stairways, roofs or other structural elements of a building or a structure.

Restaurant. A building or part of a building where food is prepared and served for compensation for consumption on the premises.

Roof. Any structure or material serving as the top of an enclosure or protective of an area intended for occupancy by people or animals, or storage of goods or materials. A roof may be a permanent impervious structure or may be porous, such as screening or canvas.

Room. For the purpose of determining the required plot area, room shall mean an unsubdivided portion of the interior of a dwelling, having a floor area of 80 square feet or more intended or adaptable for living and/or sleeping purposes. Space in a dwelling used only for bathroom, storage, hallway, utilities or similar purposes shall not be included as a room under this definition.

School, public. Any building or part thereof which is designated, constructed, or used for education or instruction in any branch of knowledge.

School, private. Any building or group of buildings used which meet state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.

How to Measure Setback Distance (top view)

How to Measure Setback Distance (sideview)

Setback. The minimum horizontal distance between the line of the building or structure measured perpendicular to the building at its closest point (including walls, balconies, car ports, and awnings) and the property line from which the setback distance is required.

Sewage. The total or [of] organic waste and wastewater generated by residential, industrial, and commercial establishments.

Shopping center. A group of commercial establishments, built on a site that is planned, developed, owned or managed as an operating unit related in location, size and type of shops to the trade areas that the unit serves; it provides on-site parking in definite relationship to the type and total size of the stores. The lower limit of a shopping center shall not be less than 40,000 square feet of gross leasable area.

Sign, principal use. A sign which directs attention to a business, commodity, service, or other activity, conducted upon the premises upon which such sign is located.

Sign, separate use. Any sign, including a standard poster panel sign or fabricated sign, which directs attention to a business, commodity, service, entertainment or other activity, conducted, sold or offered elsewhere than on the premises on which the sign is located.

Site-built dwelling. A residential structure built completely, at its original location, from the foundation to the eaves.

Site development plan. A detailed plan showing proposed buildings, uses or reuses of all land, open space, location of major structures, recreation areas, schools and public facilities and such other planning elements and reasonable design criteria as may be deemed necessary by the planning commission and the aldermanic board.

Solid waste. Unwanted or discarded material, including waste material with insufficient liquid content to be free flowing.

Stadium. A large open or enclosed place used for games and major events and partly or completely surrounded by tiers of seats for spectators.

Story. The portion of the building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, the space between the floor and the ceiling next above.

Street. A public or private vehicular way, open to the general public use and having a pavement or roadbed width of not less than 24 feet, which affords the principal means of access to abutting property. Streets are divided into four classes: major arteries, collector streets, minor streets and expressways.

a. Major arteries. Those streets which are designated as arterials on the major thoroughfare plan and which are used or intended primarily for fast or heavy traffic.

b. Collector streets. Those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principle entrance streets of a residential development and streets for circulation within such a development.

c. Minor streets. All other public ways which provide a means of vehicular access to abutting properties.

d. Expressway. A divided multi-lane major arterial street for through traffic with partial control of access and with grade separations at major intersections.

Structure. Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. Among other things, structures include buildings, industrialized buildings, manufactured homes, billboards, swimming pools, advertising signs, satellite dishes, and fall-out shelters but does not include walls or fences.

Strip-commercial development. Commercial or retail uses, usually one-story high and one-story deep, that front on a major street.

Structural alteration. Any change in supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

Swimming pool. A water filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above surface pool having a depth of more than 30 inches, designed, used, and maintained for swimming and bathing.

Tattoo parlor. An establishment providing the service of body painting indelible marks, text, or figures that are fixed upon the skin through insertion of pigment or production of scars.

Townhouse. A dwelling unit located in a row of three or more attached dwelling units with no other dwelling unit located above or below another, and with each dwelling unit having at least one interior party wall and a private exterior entrance.

Trailer, utility. A vehicle with or without its own motive power, which is mounted on wheels or is designed to be so mounted and transported.

Use, principal. The principal purpose of which a lot or the main building thereon is designed, arranged or intended and for which it is or may be used.

Use, temporary. A temporary use of building established in connection with a construction project or real estate development, excluding facilities for sleeping or cooking.

Variance. An authorization by the city council granting relief and doing substantial justice in the use of property, where literal enforcement of this ordinance will result in an unnecessary hardship upon the use of such property.

Variance, hardship. A departure from the provisions of a zoning ordinance relating but not limited to setbacks, side yards, frontage requirements, and lot size that, if applied to a specific lot, will significantly interfere with the permitted use of the property.

Vehicle. Any automobile, truck, bus, trailer, camper, motorcycle or motor home used to transport people or goods.

Vehicle repair. Repair of any vehicle less than 10,000 pounds gross weight not including major vehicle repair. Vehicle paint and body work, frame straightening and similar vehicular repair.

Warehouse. A building used primarily for the storage of goods and materials.

Water supply system. The system for the collection, treatment, storage, and distribution of potable water from the source of supply to the consumer.

Yard. An open space at grade between a building and the adjoining lot lines or road right-of-way, unoccupied and unobstructed by any portion of a structure from the ground upward.

Yard, front. A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at its closest point (including walls, balconies, car ports, and awnings) to the front lot line.

Yard, rear. A space extending the full width of the lot between any building and the rear lot line and measured perpendicular to the building at its closest point (including walls, balconies, car ports, and awnings) to the rear lot line.

Yard, side. A space extending from the front yard to the rear yard between the principle building and the side lot line and measured perpendicular from the side lot line to the closest point of the principle building (including walls, balconies, car ports, and awnings).

Zoning action. For the purpose of this ordinance, a zoning action includes a zoning map amendment, a text amendment, a variance, conditional use permission, site plan approval, or any other permitting process guided by the content of this ordinance.

(Ord. of 6-1-1998(2), §§ I, II; Ord. of 11-19-2001(2), § I; Ord. of 10-6-2003, § I; Ord. of 11-1-2004, § 3)

ARTICLE III.
GENERAL PROVISIONS

Section 1. Nonconforming uses.

(A) Purpose and intent. The purpose of a zoning ordinance is to have orderly use of property. Nonconforming uses that existed legally prior to the adoption or change of a zoning ordinance create land uses that do not conform to the zoning ordinance. It is the purpose of this nonconforming use provision to allow legally existing nonconforming uses to be retained with certain limitations to protect adjacent property owners and the public from inconsistencies created by nonconforming uses. It is the intent that over time all nonconforming uses will be eliminated. Any request for a continuance of a nonconforming use or any change in an existing nonconforming use needs the approval of the building official and the zoning administrator. An expansion of a nonconforming use would also need the approval of the city council. Any decision of the building official and the zoning administrator may be appealed to the aldermanic board.

(B) Continuance of nonconforming uses. A nonconforming use of a building, structure or land that was legal prior to enactment of an amendment or adoption of the zoning ordinances shall be allowed to legally continue even though such use does not conform with the provisions of the chapter, subject to the following:

(1) The nonconforming use cannot be expanded to occupy a greater area of land or building area;

(2) A nonconforming use cannot be changed to another nonconforming use;

(3) A nonconforming use, which is changed to a conforming use, shall not be permitted to revert to the original nonconforming use without a recommendation from the planning and zoning commission and approval from the city council;

(4) The nonconforming use of the building, structure or land cannot be intensified or escalated, for example, by increasing the number of deliveries, employees or customers coming to the nonconforming use, or by an increase in noise, dust, fumes, or other pollutants emanating from the nonconforming use; or

(5) A nonconforming use cannot be reinstated after it has been abandoned. It shall be prima facie evidence of abandonment for the owner and/or operator of the nonconforming use to discontinue the nonconforming use for six months, or fail to obtain a new or renew an existing business license as required under the City of Pooler Code of Ordinances.

(C) Continuance of nonconforming structure or building. A building or structure that is nonconforming or that contains a nonconforming use at the time of enactment of the ordinance from which this chapter is derived or at the time of enactment of an amendment to this chapter may be retained, except that it shall not be:

(1) Enlarged, altered or rebuilt, except for repairs necessary to maintain the structure or building in a safe and sanitary condition; or

(2) Rebuilt, altered or repaired after damage or deterioration exceeding 75 percent of its replacement cost at the time of destruction, except in conformity with this chapter.

(D) Restoration to a safe condition. Nothing in this ordinance shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities.

(E) Errors and violations. The issuance or granting of a permit or approval of plans and/or specifications shall not be deemed or construed to be approval for any violation of any provision in this ordinance. No permit presuming to give the authority to violate or cancel the provisions of this ordinance shall be valid except insofar as the work or such which it authorizes is lawful.

(F) Use of residentially zoned property for access. Residentially zoned districts shall not be used for access to uses in a nonresidential zoned district unless permitted in said residential district.

(Ord. of 3-17-2003)

Section 2. Access to public street required.

No building shall be constructed or erected upon a lot, or parcel of land, which does not abut upon a public street, publicly approved street, or permanent easement of access to a public street. Such easement shall serve no more than two lots and must have a minimum width of 25 feet unless an easement of lesser width was of record prior to the adoption of this ordinance.

Section 3. Preexisting substandard lots.

The purpose of this article is to grant relief to preexisting substandard lots that would create undue hardship to an individual case and allow the issuance of the building permits upon the said substandard lots. In order to qualify for relief under this article, the applicant must demonstrate the following:

(A) Failure to grant a building permit on this substandard lot would create a real, undue hardship;

(B) Demonstrate that at the time of the adoption of the zoning ordinance enacted on March 4, 1996, or at any date subsequent to its adoption, including the time which application for relief under this article has been requested, the applicant did not own any contiguous property to said lot;

(C) The owner intends to construct only one single-family residence or a use of lesser impact.

When applicant has demonstrated all of the above requirements of this article to the satisfaction of the city council for the City of Pooler, then the building official shall issue a building permit for said substandard lot.

Section 4. Buildings to be moved.

Any building or structure which has been wholly or partially erected on any premises located within the city shall not be moved to any other premises in the city until a permit for such removal is secured from the building and zoning department. Any such building or structure shall conform to all the provisions of this ordinance in the same manner as a new building or structure. No building or structure shall be moved into the city from outside the city until such compliance has been shown and such permit has been secured. Before a permit may be issued for moving a building or structure, the building official shall inspect the same and shall determine if it is in compliance with all city and state regulations.

Section 5. Off-street parking and unloading.

(A) Single family residential districts. Off-street parking spaces shall be provided on every lot on which any of the following uses are hereby established. Driveways must serve only one lot. Common driveways are not permitted in this district. Off-street parking spaces shall include adequate maneuvering areas and shall be provided with vehicular access to a street or lane. All parking spaces shall be:

(1) Made of a dust-free material;

(2) Have a minimum width of eight feet and an area no less than 160 square feet exclusive of passage ways; and,

(3) Equal in number to at least the minimum requirements for the specific use set forth below:

a. Number of spaces. A minimum of two spaces per dwelling. Non-residential uses require additional parking spaces.

b. Recreational vehicles. If the camping and recreational equipment is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot.

c. Nursing homes, hospitals. One parking space for each five patient beds plus one space for each staff doctor, plus one space for each employee on the largest shift.

d. Theaters, auditoriums, churches, gymnasiums and other places of assembly. One parking space for each four seats provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of movable seats in the largest assembly room or area.

e. Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasiums used in conjunction therewith). One parking space for each 200 square feet of gross floor area devoted to such use.

(4) Residential curb cuts. Paving of driveways is not required for property that fronts exclusively on unpaved city-maintained roads, otherwise, the property owner shall pave all driveways from the right-of-way line to the edge of the paving.

a. No more than two combined entrances and exits shall be allowed for any parcel of property, having a frontage less than 200 feet on any one street. Additional entrances or exits for parcels having a frontage in excess of 200 feet may be permitted at the rate of one entrance/exit for each additional 100 feet of frontage.

b. The distance between any two curb cuts on the same side of the street shall be more than ten feet on local roads, 25 feet on collector, and 35 feet on arterial.

c. The width of any driveway shall not exceed 18 feet at the right-of-way line and 24 feet measured at the edge of pavement.

(B) Two family residential districts. Off-street parking shall be provided for each dwelling unit in a manner that does not require backing out onto the street and meets the requirements for residential curb cuts. A parking plan shall be submitted and approved by the city planner and all parking spaces must conform to all requirements listed above for single family districts.

(C) Multifamily residential districts. A minimum of two parking spaces per unit shall be required. Additional parking shall be required for clubhouse and other non-residential uses. A parking plan shall be submitted and approved by the city planner and all parking spaces must conform to all requirements listed above for single family districts. A common parking area shall be designated for the storage of campers, boats, or other recreational equipment. Curb cuts for multifamily residential dwellings shall meet the following requirements:

(1) No more than two combined entrances and exits shall be allowed for any parcel where the frontage is less than 300 feet on any one street. On parcels with less than 150 feet of frontage, only one combined entrance and exit shall be allowed (two one-way driveways shall be allowed in lieu of the one two-way). Additional entrances or exits for parcels of property having a frontage in excess of 300 feet may be permitted at the rate of one entrance/exit for each additional 150 feet of frontage;

(2) All driveways shall be constructed so as to be at least 12 1/2 feet from any side of the property line; and,

(3) Maximum width of any driveway shall not exceed 35 feet measured at the end of the radii (minimum 12 1/2-foot radius).

(D) Commercial districts. Off-street parking spaces shall be provided on every lot on which any of the following uses are hereby established. Such spaces shall include adequate maneuvering areas and shall be provided with vehicular access to a street or lane. All parking facilities shall have a base of either concrete or asphalt. Parking shall be no closer than ten feet to the street, road, or rights-of-way. The parking plan shall be submitted and approved by the city planner prior to the issuance of a permit.

(1) Number of spaces:

(a) Motels and hotels. One space for each room, and one space for each employee. Additional parking spaces will be provided in such a manner to accommodate parking of trucks, buses, campers, etc.

(b) Places of public assembly. One space for each four seats.

(c) Churches, fraternal organizations. One space for each four seats in the main assembly room.

(d) Tourist rooms, tourist courts, or motels. One space for each bedroom and adequate spaces for staff.

(e) Retail businesses. Except as provided below, one space for each 250 square feet of total floor area and adequate spaces for employees.

(f) Offices, including banks. One space for each 300 square feet of total floor area and adequate spaces for employees.

(g) Filling station (service station). One space for each gas pump, plus two spaces for each grease rack, wash rack or similar facility.

(h) Grocery stores (not in a shopping center). If 10,000 square feet or less, 6.5 spaces per 1,000 square feet of total floor area; and if greater than 10,000 square feet of total floor area, 5.0 spaces per 1,000 square feet of total floor area.

(i) Shopping centers. If 10,000 square feet or less, 6.5 spaces per 1,000 square feet of total floor area; and if greater than 10,000 square feet of total floor area, 5.0 spaces per 1,000 square feet of total floor area.

(j) [Business not covered.] Any business not covered above will have its parking requirements determined by the city planner.

(2) Parking lot dimensions. Each automobile parking space shall be not less than 160 square feet, nor less than eight feet wide, nor less than 20 feet deep, exclusive of passageways. In addition, there shall be provided adequate interior driveways to connect each parking space with a public right-of-way.

(a) Exemptions. The provision of this subsection shall be waived upon the determination by the zoning administrator that the parking lot does not serve more than ten vehicles and is not available for visitor or customer use.

(b) Angled parking. Aisle width and stall depth may vary based on parking angle. The following table provides the minimum standards:

(c) Handicapped parking spaces. All spaces required and designated for handicapped accessible parking must meet all guidelines associated with the Americans with Disabilities Act.

(3) Commercial delivery to businesses and industrially zoned establishments.

(a) All deliveries to businesses and industrially zoned establishments shall be made, when physically possible, by rear door only.

Figure 1

(b) This section shall not apply where no rear entry presently exists or where the delivery of a specific item by rear entry is physically impossible; however, no building plans shall be approved by the building department from the effective date of this chapter when said plans do not provide access for commercial deliveries to the rear of retail business establishments.

(c) No area designated or used for commercial deliveries may extend or result in the extension of vehicles onto a public right-of-way.

(4) Curb cuts for commercial land uses shall meet the following requirements:

(a) No more than two combined entrances and exits shall be allowed for any parcel where the frontage is less than 300 feet on any one street. On parcels with less than 150 feet of frontage, only one combined entrance and exit shall be allowed (two one-way driveways shall be allowed in lieu of the one two-way). Additional entrances or exits for parcels of property having a frontage in excess of 300 feet may be permitted at the rate of one entrance/exit for each additional 150 feet of frontage;

(b) All driveways shall be constructed so as to be at least 12 1/2 feet from any side of the property line; and,

(c) Maximum width of any driveway shall not exceed 35 feet measured at the end of the radii (minimum 12 1/2-foot radius);

(E) Industrial districts. Off-street parking spaces shall be provided on every lot on which any of the following uses are hereby established. Such spaces shall include adequate maneuvering areas, shall be provided with vehicular access to a street or lane and meet all parking surface material and lot dimensional standards set forth for commercial districts. No parking shall be provided within any required front setback and shall be equal in number to at least the minimum requirements for the specific use set forth below.

(1) Number of spaces:

(a) Manufacturing. One space for each two employees at maximum employment on a single shift.

(b) Other uses. Shall meet requirements set forth in subsection (D) commercial districts.

(2) Commercial delivery to businesses and industrially zoned establishments:

(a) All deliveries to businesses and industrially zoned establishments shall be made, when physically possible, by rear door only.

(b) This section shall not apply where no rear entry presently exists or where the delivery of a specific item by rear entry is physically impossible; however, no building plans shall be approved by the building department from the effective date of this chapter when said plans do not provide access for commercial deliveries to the rear of retail business establishments.

(c) No area designated or used for commercial deliveries may extend or result in the extension of vehicles onto a public right-of-way.

(3) Curb cuts for industrial land uses shall meet the following requirements:

(a) No more than two combined entrances and exits shall be allowed for any parcel where the frontage is less than 300 feet on any one street. On parcels with less than 150 feet of frontage, only one combined entrance and exit shall be allowed (two one-way driveways shall be allowed in lieu of the one two-way). Additional entrances or exits for parcels of property having a frontage in excess of 300 feet may be permitted at the rate of one entrance/exit for each additional 150 feet of frontage;

(b) All driveways shall be constructed so as to be at least 12 1/2 feet from any side of the property line; and,

(c) Maximum width of any driveway shall not exceed 35 feet measured at the end of the radii (minimum 12 1/2-foot radius).

(Ord. of 10-4-1999, § I; Ord. of 11-20-2000, § I)

Cross references: Stopping, standing and parking, § 82-36 et seq.

Section 6. Schedule of development regulations.

Structure placement, lot size, number of structures, impervious surface, and building height vary by zoning district. Two tables are provided, on the pages to follow, that list these requirements by zoning district. An application for permit that cannot meet these requirements has two options. One is to apply for a variance and the other is to apply for a rezoning of the subject property to a zone with less restrictive requirements. These procedures are found in article V, administration and enforcement procedures.

(A) Schedule of residential district dimensional requirements.

*At least 20 feet on one side with an allowable zero lot line on the other side.

**As long as there is at least 20 feet between each manufactured home.

***4,000 square feet refers to stand size. A minimum of five acres of land is required for a mobile home park in MH-3.

(B) Schedule of commercial and industrial zoning district minimum yard requirements.

*Corner and through lots must meet front yard setbacks on each side that fronts a street right-of-way.

**Through lots do not have a rear yard.

***In C-1 districts, corner and through lots are only required to have the required minimum front yard setback at the building front. Other yards with road frontage shall have a minimum 30 feet of building setback.

(C) Buildings above 35 feet. For a building height in excess of 35 feet, in no event shall a building permit be granted without the following restrictions:

(1) Structure beyond 35 feet in height shall have safe-guards consisting of fire escapes, sprinkler systems, smoke detectors and non-combustible materials and any other fire protection equipment deemed necessary at the time by the city council.

(2) Before a permit can be granted on said request, an affidavit of the builder and owner must be executed agreeing to same to be completed within an agreed upon reasonable time.

(3) Federal Aeronautics [Aviation] Administration (FAA) approval must be granted in certain areas of the city prior to requesting permission to construct structures above 35 feet. See city planner for distinction.

(Ord. of 11-19-2001(2), § III)

Section 7. Obstruction to vision at street intersections.

Intersection requirements are intended to ensure better vehicle safety on the public roads of the city. A clear sight triangle gives motorists a view of other oncoming motorists when approaching a road intersection.

Figure 2

GRAPHIC UNAVAILABLE: Sight Triangles at a 90 Degree Intersection

On corner lots within all zoning districts no parking lot, fence, shrubbery, or other obstruction to the traffic sight vision, utility poles, light poles, or sign standards, shall exceed a height of three feet within a triangular area formed by the intersection of the right-of-way lines of two streets and a diagonal line which intersects the right-of-way lines at two points, each 25 feet from the intersection of the right-of-way lines. In the case of a rounded corner 25 feet from the point of intersection of their tangents; provided however, signs, lights, or similar objects which located at least 12 feet above the finished grade shall be permitted. See figure 2, 3, and 4 for a visual clarification.

Figure 3. Placement of a Sign in a Sight Triangle

Figure 4. Sight Triangles at a less than 90 Degree Intersection

Cross references: Traffic and vehicles, ch. 82.

Section 8. Prohibited uses in residential districts.

Under no circumstances shall the following be permitted in any residential zoning district:

(A) In open areas, the parking or storing of unoccupied house trailers or converted buses in excess of 24 feet shall not be permitted.

(B) Commercial tractor trailers or rigs shall not be parked or stored on residentially zoned property at any time with the exception of trailers used for supply and equipment storage at a properly permitted construction site.

(C) It shall be a prohibited use in all residentially zoned districts to park or store power driven construction equipment, used lumber or metal, or any other miscellaneous scrap or savable material in quantity.

(D) Temporary use of recreational vehicles on private property for dwelling purposes. No recreational vehicle shall be used for dwelling purposes on any lot in a residential district unless the lot is permitted as an RV park.

Section 9. Single family residential standards.

All single-family residences, whether site built or manufactured housing, must meet the following standards:

(A) Structure and design standards:

(1) Corrugated metal or plastic panels are prohibited as roofing materials with the exception of being used as materials for skylights or patio covers.

(2) The exterior wall shall be material similar to traditional site-built housing. These materials may include clapboards, simulated clapboards such as conventional vinyl or metal siding over a minimum covering of one-half inch exterior wood sheathing, wood shingles, shakes, stucco, brick, brick veneer, concrete block, or similar materials, but shall not include smooth, ribbed, or corrugated metal or plastic panels.

(3) The minimum horizontal dimension of the unit as installed on the site shall be 24 feet in all districts except MH-3 mobile home park district.

(4) All principal structures shall be placed on a permanent foundation. For the purposes of this section, a permanent foundation shall mean a concrete slab, concrete footers, foundation wall, pilings or post construction which complies with the city building code.

(5) In no case shall wheels, any undercarriage or transporter unit be left on any structure.

(6) All units must meet wind loading requirements of Federal Emergency Management Administrator and the SBCCI Codes.

(B) Manufactured home safety standards. For the purposes of public safety, all manufactured homes or other such forms of mobile, modular, or manufactured housing are subject to the following requirements:

(1) Manufactured home stand requirements. Prior to the issuance of a manufactured home relocation permit the owner of the parcel or lot for which the manufactured home is to be placed must have an approved mobile home stand. Such stand must have the following:

a. Street access. Each manufactured home stand shall be provided with access frontage to a width of at least 30 feet to a public or private street or road.

b. Electric power supply. Each manufactured home stand shall be provided with an adequate, properly grounded, water proofed electrical receptacle with a minimum rated capacity of 100 amps. A properly sized over current device shall be installed as a part of each power outlet as per the SBCCI Electrical Code.

c. Sewerage disposal. Each manufactured home stand shall be provided with the means of disposing of kitchen, bath, and putrescible waste directly into a properly installed and inspected septic tank system or an approved community sewerage collection system.

(2) Manufactured home tie down requirements. All manufactured homes shall be tied down in accordance to this table below unless the manufacturer's installation requirements call for more or the home is to be placed on a lot that is in or adjacent to a flood hazard area.

This table is based on a minimum working load per tie of 3,150 pounds with a 50 percent overload (4,725 pounds total).

a. Multiple-wide manufactured homes shall only be required to have diagonal ties and anchors in accordance with the chart above unless the manufacturers installation instructions require more.

b. Single section manufactured homes shall have diagonal and vertical ties and anchors in accordance with the chart above unless manufacturer's instructions require more.

(3) Manufactured home siding, stairs, and foundation requirements:

a. All manufactured homes shall have siding materials consisting of either wood, masonry, concrete, stucco, masonite, or metal lap. The exterior siding material shall extend to ground level except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

b. Skirting and/or siding must be in place within 30 days from the date the re-location permit is issued.

c. Stairs and landings shall comply with Section 112 - Stairway Construction of the Georgia Building Code and must adhere to the following:

1. The height of the riser shall not exceed 7 3/4 inches, and treads, exclusive of nosing shall not be less than nine inches wide.

2. Every tread less than ten inches wide shall have a nosing, or effective protection, of approximately one inch over the level immediately below that tread.

3. The width of the landing shall not be less than the width of the stairways they serve.

4. Every landing shall have a minimum dimension measured in the direction of travel equal to the width of the stairway. Such dimension need not exceed four feet when the stair has a straight run.

5. All stairways having treads located more than three risers above a floor or grade shall be equipped with a handrail not less than 30 nor more than 34 inches above the leading edge of the tread.

6. The minimum width of any stair serving as a means of egress shall be a minimum of 36 inches.

7. If handicapped ramps are added they must be at least three feet wide and the slope of the ramp shall not exceed one foot for every 12 feet.

(4) Foundation requirements on all manufactured homes are as follows:

a. Supports or piers shall not be more than two feet from the exterior end wall.

b. All grass and organic material shall be removed and the foundation must be placed on stable soil.

c. Cross over wires must be placed between the two halves.

d. All nails or staples shall be removed or sealed.

e. Dryer vents must be vented to the exterior of the manufactured home; not underneath.

(5) Manufactured home development in flood hazard areas. Due to the danger of placing a mobile home in a flood hazard area the following anchor requirements are required if a mobile home is placed on a lot which is located in or adjacent to a flood hazard area as described by the Federal Emergency Management Association [Agency].

This table is based on a minimum working load per tie of 3,150 pounds with a 50 percent overload (4,725 pounds total).

(6) Manufactured home additions and auxiliary structures. Any significant feature added to a manufactured home that was not part of the manufactures' original design is considered to be either an addition or an auxiliary structure.

a. All habitable spaces added to the manufactured home shall be constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act or within the provisions of the Georgia State Building Codes.

b. All auxiliary structures (such as porches, decks, awnings, cabanas, stairs, etc. unless provided and approved by the manufacturer) shall be entirely self-supporting, unless designed and approved by a professional engineer or registered architect. All such structures shall be constructed in accordance with the Georgia State Building Codes.

(C) Temporary use of recreational vehicles on private property for dwelling purposes. No recreational vehicle shall be used for dwelling purposes on any lot in a residential district unless the lot in question is permitted as an RV park.

Section 10. Manufacturd home park requirements.

All manufactured home parks located in the city limits of Pooler must meet the following requirements:

(A) Dimensional requirements:

(1) The tract of land for a manufactured home park shall comprise an area of not less than four acres (gross minimum). The tract of land shall consist of a single plot so dimensioned and related as to facilitate efficient design and management of not less than a minimum of 12 manufactured home units.

(2) Manufactured home lots (spaces) shall be a minimum of 40 by 100 feet and a minimum area of 4,000 square feet.

(3) The lot (space) coverage in a manufactured home park shall be not more than 60 percent.

(B) Setback requirements:

(1) Front. At least 20 feet from front lot line, or 35 feet from center of road.

(2) Side. At least five feet, with a 20-foot minimum between manufactured homes.

(3) Rear. At least five feet from the rear adjoining lot line, with a minimum of 20 feet between manufactured homes.

(C) Parking requirements. A minimum of two paved off-street parking spaces shall be provided for each manufactured home lot.

(D) Water supply. Where the public water supply is available, it shall be used exclusively. The development of an independent water supply to serve the manufactured home park shall be made only after written approval of plans and specifications has been granted by the county health officer.

(E) Sewerage disposal. Where the city sewerage system is available it shall be used exclusively. In lieu of this, an adequate sewerage disposal system must be provided and be approved in writing by the county health officer.

(F) Refuse. A proposal for refuse collection, storage and disposal shall be submitted, and approved by the city, along with the manufactured home park site plans.

(G) Utilities. Underground utilities shall be provided within the manufactured home park and shall meet all applicable codes and ordinances.

(H) Lighting. Street lighting shall be provided, not to exceed 200 feet separation, including park entrance.

(I) Streets. Streets shall be two-way and a minimum of 20 feet of pavement. On-street parking shall be prohibited. All manufactured home spaces shall abut upon an interior drive, which shall have unobstructed access to a public street or highway, when manufactured home park consists of more than 25 units.

(J) Recreation. When manufactured home park consists of less than 25 units, a minimum of 5,000 square feet shall be reserved for recreation. When manufactured home park consists of 25 or more units, a minimum of ten percent of the total area reserved for manufactured homes shall be set aside as a recreation area. (This ten percent shall not include bodies of water.) Such recreation areas shall be made safe from traffic by an enclosure or other device.

(K) Buffers. Manufactured home parks shall have visual buffers such as shrubbery and/or fencing six feet in height with 80 percent visual density between the park and adjacent nonmanufactured home residential uses. Said buffers must be properly maintained at all times.

(L) Fire hydrants. Manufactured home parks shall have an acceptable fire protection system with a suitable number of fire hydrants to cover the entire area of the park. Each fire hydrant must be placed and connected to lines necessary to provide ample fire protection to a radius of 250 feet. Such system must be approved by the city planner prior to plan submittal.

Section 11. Protective screening of adjacent residential property.

In order to provide adequate protective screening for residential districts near or abutting non-residential areas or more intensive residential uses, the following regulations shall apply to all new commercial, industrial, and multi-family residential development:

(A) Where a commercial, industrial, or multifamily district abuts directly upon a residentially zoned district, arboreal landscaped greenbelt not less than 20 feet wide shall be provided and properly maintained along its entire length by the users of the commercial property. Such greenbelt shall be planted with deciduous trees, evergreens, flowering trees, ornamental trees, or any combination of the same not set further than ten feet apart at any given point along the greenbelt.

(B) The area beneath and between the planted trees shall be well-kept lawn free of foreign debris and un-managed undergrowth. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance.

(C) All planting plans shall be first submitted to the planning commission during the site plan review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this ordinance.

(D) Where there is not adequate space to provide such a tree lined buffer a ten-foot arboreal greenbelt shall be provided with a ornamental masonry wall or opaque chain link fence no less than six feet in height above grade set back ten feet from the property line.

(E) In no case shall a grease trap, garbage dumpsters, containers, or cans be placed within 30 feet of a property line abutting a residential land use.

Section 12. Accessory structures.

(A) Principal structure on lot. Only one principal building and its customary accessory buildings may be designated per lot.

(B) Location of detached accessory structures on residential lots. A detached accessory structure in either a residential district or on any lot containing a principal building whose first floor is used for residential purposes are exempted from the schedule of regulations in section 4 of this article, but, shall conform to the following regulations:

(1) Must be located behind the front of the primary structure,

(2) Must be located at least 30 feet from any public or private street,

(3) In specific zoning districts certain setbacks apply and are listed in the table below.

(4) No detached accessory building shall be more than two stories in height.

(5) No detached accessory building shall be located nearer than six feet to the principal building.

(C) Location of attached accessory structures on residential lots. An attached accessory structure in either a residential district or on any lot containing a principal building, the ground floor of which is used for residential purposes shall be considered as an integral part of the principal building and shall be constructed, altered or otherwise be developed in accordance with the regulations governing side yard, rear yard and front yard setbacks for principal buildings in the district.

(D) Temporary use of accessory structures. An approved relocatable trailer may be used as a temporary office for use on a commercial or industrial construction site provided the following criteria are met and a permit is issued by the city manager.

1. At no time shall the relocatable trailer be used for living purposes.

2. The relocatable office trailer must connect to the city's water and sewer system if the trailer has restroom and/or water facilities installed. Also, plumbing and electrical services must be approved by the building official prior to occupying the premises.

3. Said relocatable office trailer shall be removed from the construction site within 15 days after completion of the project.

4. If work stops on said project for more than 60 days, trailer shall be removed within 15 days.

(E) Temporary use of accessory structures in residential developments. One relocatable trailer is permitted as a temporary sales office, for use in a major residential subdivision of 20 lots or more as long as the following criteria is [are] met and permit is issued by the city manager.

1. Permit is issued in developer's name.

2. At no time shall the temporary office trailer be used for living purposes.

3. Must be set up on a lot of record within the setbacks specified by the zoning ordinances applicable to that development.

4. The relocatable office trailer must connect to the city's water and sewer. Also, plumbing and electrical services must be approved by the building official prior to occupying the premises.

5. Sales office meets the requirements of the latest edition of the Georgia Accessibility Code.

6. Sales office must be removed within six months of the date the approved plat for the residential subdivision is recorded or until a model home is completed, whichever comes first.

(F) Temporary use of dwelling unit or manufactured home as a model home. New dwelling units or manufactured homes completely constructed or installed in accordance with all the provisions of the Code of Ordinances of the city may be used as temporary sales offices/model homes as long as the following criteria are met and a permit is issued by the city manager:

(1) Permit is issued in developer or general contractor's name who owns such model or manufactured home.

(2) Dwelling unit may only be used by sales personnel and may not be occupied as a dwelling unit while being used as a temporary sales office/model home.

(3) Each temporary sales office/model home must have at least six off-street parking spaces available for use by sales personnel or customers.

(4) Use as a temporary sales office/model home must terminate upon the later of the expiration of 18 months from the date the permit is issued or the date on which more than 90 percent of the platted and recorded lots or spaces in that residential subdivision or mobile home dwelling district have completed residential structures located thereon which have been sold or leased by the developer or general contractor.

(5) For good cause shown, the aldermanic board of the city may, by resolution, extend the termination date for a temporary sales office/model home.

(Ord. of 6-21-99, § I; Ord. of 11-6-2000, § I)

Section 13. Satellite receiving dish antenna.

A satellite dish shall be allowed in all zones, however, in all residential zones the following requirements shall apply:

(A) Dish shall not extend more than three feet above the highest point of the roof.

(B) Location of the antenna must be approved by the building official prior to installation.

(C) A property owner who has in place a non-conforming antenna at the effective date of this ordinance may continue to maintain the antenna.

In all zoning districts, antenna will be placed so as not to create a hazard to traffic or public utilities.

Section 14. Swimming pool requirements and placement.

All swimming pools shall comply with the following requirements:

(A) Application for permit to construct a swimming pool must be submitted to the building official. The structural plans must be approved by the building official prior to the issuance of a permit and the beginning of construction and/or excavation,

(B) Swimming pools may only be located in either the side or rear yard and must be at least ten feet from any property line,

(C) Swimming pool construction must meet all requirements of the SBCCI Swimming Pool Code,

(D) All swimming pools must be confined within a fenced area. The fence must be a minimum of four feet in height and all gates must be lockable, self closing, and self latching. Fencing material shall have no opening larger than six inches in diameter,

(E) No swimming pools shall be placed across, on, or beneath any easements nor shall any utility easement be granted which bisects a swimming pool and,

(F) Must have a plan to contain all water run-off. Drainage must be contained on site or diverted to an existing drainage handling facility.

Section 15. Decks and patios.

Patios, as defined in this ordinance, no higher than one foot above the nearest adjacent grade may be placed anywhere within the property boundaries. Decks, as defined in this ordinance, and patios that extend beyond one foot of [above] the nearest adjacent grade shall be required to be setback at least five feet from any property line.

Section 16. Communication equipment.

(A) Structural plans for all commercial radio, television, cellular and other transmitting or relay antenna towers must be approved by an engineer licensed to practice in the State of Georgia and a permit issued by the building official.

(B) Only communication equipment located on public property may exceed 35 feet above the nearest adjacent grade.

(C) Communication towers must meet all front, rear, and side yard setbacks.

(D) All towers shall be designed and constructed to withstand a wind velocity of not less than 125 miles per hour.

Section 17. Secondary dwelling structures.

Where permitted, secondary dwelling structures must adhere to the following requirements as per their respective category:

(A) Garage apartments. Garage apartments may only be permitted on a lot with a single family dwelling and provided that such shall only be permitted in a rear yard, there is adequate parking for two single-family dwelling units, and the lot on which such use is to be established meets 1 1/2 of the minimum lot area requirements for the zoning district. Garage apartments may not have a living area greater than one-half of the primary structure's total living area. Garage apartments may be rented for compensation as long as the owner resides in the primary structure.

(B) Caretakers dwelling. Caretakers dwellings may only be permitted in commercial and industrial zones and intended to house only persons employed by the permitted commercial or industrial use.

(C) Guest home. Guest homes may only be permitted on a lot with a single family dwelling and provided that such shall only be permitted in a rear yard, there is adequate parking for two single-family dwelling units, and the lot on which such use is to be established meets 1 1/2 of the minimum lot area requirements for the zoning district. Guest homes may not have a living area greater than one-third of the primary structure's total living area. Guest homes are intended for housing members of the family occupying the main building and their non-paying guests and shall not be rented, sold or otherwise used as a separate dwelling.

(D) Non-residential mobile structures as temporary use. The City of Pooler Zoning Administrator shall have the authority to issue a permit subject to the following conditions. Upon a finding by the zoning administrator that such action may be detrimental to the surrounding neighborhood, the zoning administrator shall deny the petition. Such use shall be permitted subject to the following conditions:

(a) Such mobile home units shall be allowed only for use by schools or churches, where permitted.

(b) Any permit issued under these conditions shall be valid for only 12 months with option to renew for an additional 12 months and the residents adjacent to property be notified that a mobile structure would be located in their neighborhood; a "B" would be placed by the zone to indicate that the petition would go before the mayor and council.

(c) Placement of the mobile unit must be compatible with the established development pattern so as not to adversely affect the adjoining and surrounding properties.

(d) The mobile unit must be placed on a tract of land at least 20,000 square feet in size.

(e) When a mobile unit is placed upon an occupied lot, it shall be considered the principal use upon such lot and shall comply with all regulations established for the district and for the use to be placed within the unit.

(f) The mobile unit shall be provided with skirting completely enclosing any open space that exists between the ground and the bottom of the mobile unit. Such enclosure shall be visually compatible with the neighborhood.

(g) The mobile unit shall be provided with a foundation designed to support the maximum load during all seasons and approved by the building official.

(h) No additions shall be made to the mobile unit.

(i) Steps that are compatible with conventional residential construction shall be provided to all exterior entrances.

(j) The mobile unit shall be located on the tract of land in a manner consistent with the location of building on adjoining lots.

There may be no more than one secondary dwelling allowed per lot and it may only be placed in a manner which meets the schedule of development regulations listed in section 6 of this article.

Section 18. Home occupations and home business offices.

Application for a home business office or home occupation shall be filed with the Occupational Tax Clerk upon forms furnished by the City of Pooler. Home occupations require an annual fee and inspection. There is no fee or annual inspection for home business offices as long as its operation meets the home business office parameters. Home occupation permits may be renewed as long as the operation follows the home occupation parameters. The parameters for each of these uses are listed as follows:

(A) Home occupation. If permitted in a zoning district, a home occupation must comply with the following requirements:

(1) Is carried on by either the owner of the dwelling or his/her spouse;

(2) Is conducted entirely within the principal building;

(3) Utilizes not more than 20 percent of the total floor area of the principal building;

(4) Produces no alteration or change in the character or exterior or change in the principal building from that of a residential dwelling;

(5) Involves the sale or offering for sale of articles produced or assembled on the premises or products not produced on site, but, related and accessory to the service provided;

(6) Does not generate pedestrian or vehicular traffic or demand for parking, beyond that which is normal to the particular neighborhood;

(7) Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition;

(8) Is not located within 1,000 feet of an existing home occupation;

(9) Only operates between 7:00 a.m and 7:00 p.m.; and,

(10) Displays no sign or external indication of the home occupation.

(B) Home business office. If permitted in a land use district, a home business must comply with the following requirements:

(1) There shall be no sign or external indication of the business office;

(2) No more than one vehicle used in the conduction of the business may be parked at the home location;

(3) No material, other than office supplies, may be stored on site;

(4) The office may occupy no more than 20 percent of the floor area of the principle structure;

(5) The office must be located in the principle structure;

(6) The office may only be operated by the home owner or the spouse of the homeowner;

(7) Business may only be conducted by phone or off premises only (no walk-in customers); and,

(8) All monetary exchanges are conducted off site.

Deviation from the parameters of a permitted home occupation or home business office will result in the revocation of all applicable permits associated with the use and its operation.

Cross references: Businesses, ch. 26.

Section 19. Child-care facilities.

Where permitted, child-care facilities must adhere to the following requirements as per their respective category:

(A) Family day care home. Such facilities, when located in a district as a permitted use, shall have a minimum of 100 square feet of outdoor play area for each child. Such outdoor play area shall be enclosed by a fence not less than four feet in height.

(B) Child-care center. Such facilities, when located in a district as a permitted use, shall comply with the following minimum regulations:

(1) A minimum of 100 square feet of outdoor play area shall be provided for each child. Such outdoor play area shall be enclosed by a fence not less than four feet in height.

(2) Such uses shall only be permitted on a lot or plot of ground which abuts a collector street, major arterial or secondary arterial. The aldermanic board shall be authorized to waive this requirement, if on the basis of evidence presented, it finds that the traffic to be generated by a particular use can be accommodated on other streets without creating traffic congestion and traffic hazards on such streets which would be detrimental to the neighborhood served by such other streets. Provided that approval for any center established requiring access along residential or lesser classified street shall be limited to a maximum of 75 children during the daytime hours and no greater than 50 children between the hours of 9:00 p.m. and 6:00 a.m.

(3) The architectural character including the orientation and exterior appearance of any structure shall be characteristic of the neighborhood within which such structure is located.

(4) Such use shall provide the number of off-street parking spaces required for educational and institutional uses as set forth in section 5, off street parking and unloading, plus safe and functional off-street patron pick-up and delivery spaces.

(5) There shall be no on-site outdoor recreation activities after 9:00 p.m.

(6) Where an abutting use is residential, visual buffers shall be provided so as to shield all parking areas and play areas, and outdoor activity areas from the abutting property. Such buffer shall consist of trees or of the vegetation of such height and depth as determined by the aldermanic board of an appropriately designed fence, wall or a combination thereof.

(C) Nursery school. This type of establishment is secondary use to a church or large business intended only for patrons or employees of such primary establishment. Such facilities, when located in a district as a permitted use, shall comply with the following minimum regulations:

(1) A minimum of 100 square feet of outdoor play area shall be provided for each child. Such outdoor play area shall be enclosed by a fence not less than four feet in height.

(2) Such use shall provide the number of off-street parking spaces required for educational and institutional uses as set forth in section 5, off street parking and unloading, plus safe and functional off-street patron pick-up and delivery spaces.

(3) There shall be no on-site outdoor recreation activities after 9:00 p.m.

(D) Preschool. This type of child care establishment is specifically dedicated to providing a structured educational format. Hours of operation shall be limited to those customary of public schools. Such use shall provide the number of off-street parking spaces required for educational and institutional uses as set forth in section 5, off street parking and unloading, plus safe and functional off-street patron pick-up and delivery spaces.

Section 20. Adult care facilities.

Adult care facilities in Pooler are listed and defined into three major classes: family personal care homes, group personal care homes, and congregate personal care homes. The requirements for these uses are as follows:

(A) Family personal care home. This use is limited to six or fewer persons including supervisory personnel and staff and must meet the following requirements:

(1) Such use shall comply with the Georgia Department of Human Resources, "Standards for Adult Daycare" as amended.

(2) The parking layout and design shall be characteristic of the neighborhood within which such use is located.

(3) When the building housing such use is located within 150 feet of a dwelling unit, the use shall operate only between the hours of 6:30 a.m. and 7:00 p.m.

(4) The use shall only be established in a building designed as and occupied as a one or two family dwelling structure.

(B) Group and congregate personal care homes. This use allows around the clock operation and is divided into three categories based on the number of persons served. The following requirements apply to all personal care home regardless of the zoning district for which they are located:

(1) Such use shall provide the number of off-street parking spaces required for nursing homes and hospitals as set forth in section 5(A)(3), off street parking and unloading, plus safe and functional off-street patron pick-up and delivery spaces.

(2) At least one staff person must reside in the home.

(3) Visiting hours must be limited to hours of 6:30 a.m. and 7:00 p.m. when such use is located in a residential neighborhood.

(4) Such use shall only be permitted on a lot which abuts and has vehicular access to a collector street, major arterial or secondary arterial. The aldermanic board may waive this requirement if, on the basis of evidence presented, it finds that the traffic to be generated by a particular use can be accommodated on other streets without creating traffic congestion and traffic hazards to the neighborhood served by such streets.

(5) Such use shall comply with the Georgia Department of Human Resources, "Standards for Adult Daycare" as amended.

(6) The parking layout and design shall be characteristic of the neighborhood within which such use is located.

(7) When the building housing such use is located within 150 feet of a dwelling unit, the use shall operate only between the hours of 6:30 a.m. and 7:00 p.m.

(8) Where the use abuts a lot occupied by a one or two-family dwelling, visual buffers shall be provided so as to shield all parking areas and outdoor activity areas from the abutting property. Such buffer shall consist of trees or other vegetation of such height and depth as determined by the planning commission or of an appropriately designed fence or wall or a combination thereof as approved by the planning and zoning commission.

(9) Only one non-illuminated or indirectly illuminated sign not to exceed three square feet in area shall be permitted. Provided that where such use is adjacent to or directly across from a non-residential use or district, the aldermanic board may allow a principal use sign of up to 12 square feet in area when it is to be located on the side of the property facing the non-residential use or district and where the sign design is found to be in keeping with the character of the neighborhood.

(10) A site plan shall be submitted to the planning commission and aldermanic board for review and approval prior to issuance of either a building permit or an occupancy permit.

Section 21. Country clubs.

Wherever permitted, country clubs must meet the following requirements:

(A) Such clubs shall be non-profit and shall not be open to the general public but shall be operated only for the benefit of dues-paying members.

(B) Any building or structure established in connection with such uses shall be set back not less than 100 feet from any property line, except where such property line is a street line, in which the front yard setback established for this district shall apply.

(C) A site development plan shall be submitted to the planning commission and aldermanic board for review and approval prior to the issuance of a building permit.

(D) The site on which such uses are to be established shall be not less than five acres in size.

Section 22. Animal hospitals.

The following regulations shall apply to development of all animal hospitals, veterinary clinics, and animal boarding places.

(A) The use shall front a major arterial street, provided that where all pens, runs or buildings housing such animals are located at least 100 feet from any property line, such use may be located on a lesser classified street.

(B) All buildings housing animals shall be designed and constructed with a Sound Transmission Class Rate (STC) as set forth in Architectural Graphic Standards of at least 52, if located within 100 feet of any property line.

(C) All outdoor runs, pens and animal sheds housing more than five animals shall be located at least 100 feet from any other residential district property.

(D) No animals shall be allowed in any outdoor run located within 100 feet of a property line between the hours of 6:00 p.m. and 7:00 a.m.

(E) A site development plan shall be submitted to the planning commission and governing body for review and approval.

(F) All runs or pens located within 100 feet from any property line or street right-of-way shall be screened by an architecturally designed solid fence with landscaping.

(G) All parking areas shall be screened by a minimum three-foot high hedge or solid fence.

Section 23. Drive-in theaters.

Where permitted, shall meet the following requirements:

(A) A site development plan shall be submitted to the planning commission and governing body for review and approval.

(B) The theater screen, projection booth or other building shall be set back not less than 50 feet from any property line.

(C) Driving and parking areas shall be treated with a suitable material to prevent dust.

(D) Ingress and egress from a public street shall be so designed and constructed as to provide for safe traffic movement.

(E) Central loudspeakers shall be prohibited.

(F) The theater screen shall not face an expressway, major arterial or secondary arterial.

(G) The theater sign [site] shall be enclosed by a wall or fence of adequate height to screen the parking area from view of surrounding property. Such fence shall be separated from adjoining property by shrubbery and landscaping.

Section 24. Churches and other places of worship.

Where permitted, shall meet the following requirements:

(A) Any building or structure established in connection with such use shall be set back not less than 50 feet from any property lines, except where a property line is the right-of-way of a street, in which case the setback established for the particular class of street in the zoning district the building or structure is located shall apply. The aldermanic board shall be authorized to reduce the setback requirements of this section in the case of a particular church or place of worship if on the basis of evidence presented, it finds that a reduction in the setback would be in keeping with the purposes of this ordinance, and would not create conditions which would be detrimental to the adjoining properties or the neighborhood.

(B) Such uses shall only be permitted on a lot or plot of ground which abuts a collector street, major arterial or secondary arterial. The aldermanic board shall be authorized to waive this requirement, if on the basis of evidence presented, it finds that the traffic to be generated by a particular church or place of worship can be accommodated on other streets without creating traffic congestion and traffic hazards on such streets which would be detrimental to the neighborhood served by such other streets.

Section 25. Adult entertainment establishments.

Adult entertainment establishments are classified into four categories; (1) adult media store, (2) adult movie theater, (3) live adult entertainment, and (4) tattoo parlors. Where permitted each use shall meet the following requirements respectively:

(A) Regulations for all adult entertainment establishments:

(1) In no case shall alcohol be served or allowed on the premises of any adult entertainment establishment,

(2) No minors shall be allowed on the premises of an adult entertainment establishment at any time,

(3) Suitable exterior lighting is required for all off-street parking and loading areas,

(4) An adult entertainment establishment shall not be located within one mile of an existing adult entertainment establishment, establishment serving alcoholic beverages, school, church or public park, and

(5) May only be open to the public between the hours of 7:00 p.m. and 11:00 p.m. Monday through Saturday.

(B) Regulations for adult media stores:

(1) Required parking and all public entrances shall be limited to the front yard and front of the structure,

(2) Product advertisements, displays, or other promotional material shall not be shown or exhibited so as to be visible to the public from the exterior of the structure, and

(3) The interior of the store shall be adequately lighted so that every portion thereof is readily visible to the clerk or other supervisory personnel from the counter or other regular station.

(C) Regulations for adult movie theaters:

(1) Required parking and all public entrances shall be limited to the front yard and front of the structure,

(2) Product advertisements, displays, or other promotional material shall not be shown or exhibited so as to be visible to the public from the exterior of the structure,

(3) All building openings, entries, windows, etc., shall be located, covered, or screened in such a manner as to prevent a view into the interior from any public or semi-public area, and

(4) No loudspeakers or sound equipment shall be used in a way that can be discerned by the public from public or semi-public areas.

(D) Regulations for live adult entertainment establishments:

(1) All patrons must use valet parking provided by the owner,

(2) All patrons must follow a dress code created by the owner and approved by the aldermanic board,

(3) Must have one security person per every 20 patrons, and

(4) All entertainment shall be limited to one room in the structure.

(E) Regulations for tattoo parlors:

(1) Required parking and all public entrances shall be limited to the front yard and front of the structure, and

(2) Product advertisements, displays, or other promotional material shall not be shown or exhibited so as to be visible to the public from the exterior of the structure.

Section 26. Campsites and RV parks.

Where permitted, shall meet the following requirements:

(A) Must have a minimum lot size of three acres,

(B) No more than a maximum of four units, totaling less than 100 linear feet, will be connected to one 1,000 gallon per day septic system on a minimum of 10,000 square feet in area (minimum 2,500 square feet per unit),

(C) Must participate in site plan approval process listed in article V of this ordinance.

ARTICLE IV.
ZONING DISTRICTS

Section 1. Establishment of zoning districts.

Classification of districts. In order to classify, regulate and restrict the uses of land, buildings, structures and other open spaces about buildings, the City of Pooler is divided into districts as follows:

(1) R-1 (A-C), One-family residential district

(2) R-2 (A-C), Two-family residential district

(3) R-3 (A-C), Multifamily residential district

(3.1) R-4 Townhouses and condominiums district

(4) MH-1, Manufactured home dwelling district

(5) MH-2 (A-B), Manufactured home dwelling district

(6) MH-3, Manufactured home park district

(7) C-1, Commercial, light district

(8) C-2, Commercial, heavy district

(9) C-P, Commercial-professional district

(10) I-1, Industrial, light district

(11) I-2, Industrial, heavy district

(12) R-A, Residential-agriculture district

(13) RA-1, Residential-agriculture, limited district

(14) RA-2, Residential-agriculture, two-family dwelling district

(15) [Deleted]

(16) PUD, Planned unit development

(Ord. of 7-7-1997, § II; Ord. of 10-19-1998, § I; Ord. of 11-1-2004, § 2)

Section 2. Districts shown on maps.

The boundaries of the various districts are shown on a zoning map of Pooler, which is located in the office of the city hall. The zoning map of the incorporated area is hereby made a part of this ordinance; and all notations, references, and other information shown thereon shall be as much a part of this ordinance as if all the matter and information set forth by said maps were fully described herein.

Section 3. Interpretation of zoning district boundaries.

When uncertainty exists with respect to the location of boundaries of any zoning district as shown on the zoning map of the City of Pooler, the following rules shall apply:

(A) Unless otherwise specifically indicated, where district boundaries are indicated on the zoning map as approximately following the center line of a street, highway, railroad right-of-way line, stream bed or river bed or such center lines extended, then such center lines shall be construed to be such district boundaries.

(B) Where district boundaries are indicated on the zoning map as approximately following the corporate limits line of the city, then such corporate limits line shall be construed to be such district boundaries.

(C) Where district boundaries are indicated on the zoning map as being set back from a street, road, highway, railroad, stream or river and parallel thereto, then such district boundaries, unless otherwise specifically indicated, shall be construed as being at the scaled distance from the center line of such street, road, highway, railroad, stream or river and as being parallel thereto.

(D) Where a district boundary divides a lot, the requirements for the district in which the greater portion of the lot lies shall be extended to the balance of the lot; provided, however, that such extension shall not include any part of such lot which lies more than 50 feet beyond the district boundary; and provided further, that this provision shall not apply to a through lot. In the case of a through lot, the restriction of the district applying to adjoining lots which front on the same street as the lot frontage in question shall apply.

Section 4. Conditional uses.

Within each zoning district a particular list of land uses are set aside from the uses permitted by right. These conditional uses may only be permitted after the applicant has submitted the proper application information, the planning commission has reviewed the application at a public hearing and the aldermanic board has approved the use based on the application information.

(A) Restrictions on conditional uses. No conditional use may be:

(1) Extended to occupy a greater area of the land unless authorized to [do] so by the governing body.

(2) Extended to occupy a greater area of building or structure unless such additional area of building or structure already exists as part of the building or structure, and is clearly designed to house the same kind of use as the conditional use occupying the building unless authorized to do so by the aldermanic board.

Section 5. R-1A, one-family residential dwelling district.

(A) Purpose of district. This district is defined as an area designated for the development of one-family dwellings, with limited nonresidential uses. This district is composed of certain lands and structures in the city limits having a medium density, predominantly one-family character and additional open areas where it is desirable and likely that similar development will occur. Certain non-residential uses such as schools, parks, and public utilities intended primarily to provide service to the adjacent neighborhood are permitted after applications are submitted to the Pooler Planning Commission for review and approved by the aldermanic board.

(B) Permitted uses. Within the R-1A class, no building, structure or land shall be used except for one-family site-built dwellings and accessory uses and buildings. Only one primary residence will be allowed per lot.

(C) Conditional uses. The conditional uses enumerated below may be permitted upon applications being submitted to the Pooler Planning Commission for review and approved by the aldermanic board. Site development plan is required to accompany the application:

(1) Churches and other places of worship with attendant educational and recreational buildings,

(2) Hospitals, nursing homes, and charitable institutions when located on a tract of land of not less than three acres,

(3) Privately owned day nurseries, preschools, and kindergartens, provided a minimum of 100 square feet of outdoor play area is provided for each child and that all such areas are enclosed on all sides with at least a four-foot high fence and 30 square feet inside floor area is provided for each child. A daycare which is inside of an existing residence shall be limited to a maximum of six children,

(4) Clubs, including golf and country clubs, publicly and privately owned recreational facilities, athletic fields or stadiums and swimming pools, provided a comprehensive site development plan for the entire area shall be submitted to the Pooler Planning Commission for review and approved by the aldermanic board with specific plans for each of the facilities to be developed,

(5) Public utility structures and land including radio and television towers and transmitters provided that they are enclosed with an eight-foot high chain link fence, but not to include studios; and,

(6) Home occupations.

Section 6. R-1B, one-family residential dwelling district.

Purpose of district. This district is defined as an area designated for the development of one-family dwellings, with limited nonresidential uses. The R-1B district permits the same uses as in the R-1A district. The only variation is in the lot dimension and yard setback requirements. R-1B restricts development to a much lower density.

Section 7. R-1C, one-family residential dwelling district.

This district is defined as an area designated for the development of one-family dwellings, with limited nonresidential uses. The R-1C district permits the same uses as in the R-1A district. The only variation is in the lot dimension and yard setback requirements. R-1C restricts development to the lowest density of the R-1 districts.

Section 8. R-2A, two-family residential dwelling district.

(A) Purpose of district. This district is defined as an area designated for the development of up to two-family dwellings, with compatible nonresidential uses. This district is composed of certain limited areas in the city limits where it is desirable to recognize a more extensive form of residential use than in the R-1 districts. Provisions are made for the placement of duplex units, either singly or in groups, on a lot or tract of land. This is not intended to be a high density area. It is the intent of this classification to allow for this type of development within R-1 districts as spot zoning.

(B) Permitted uses. Within the R-2A district, unless otherwise permitted by this ordinance, no building, structure or land shall be used except for the following:

(1) One-family site-built dwellings,

(2) Two-family site built dwellings,

(3) Accessory uses and buildings,

(4) Lodginghouses and boardinghouses,

(5) One-family modular dwellings; and,

(6) Two-family modular dwellings.

(C) Conditional uses. Shall be the same as the R-1A district.

Section 9. R-2B, two-family residential dwelling district.

Purpose of district. This district is defined as an area designated for the development of up to two-family dwellings, with compatible nonresidential uses. The R-2B district permits the same uses as in the R-2A district. The only variation is in the lot dimension and yard setback requirements. R-2B restricts development to the lowest density of the R-2 districts.

Section 10. R-2C, two-family residential dwelling district.

Purpose of district. This district is defined as an area designated for the development of up to two-family dwellings, with compatible nonresidential uses. The R-2C district permits the same uses as in the R-2A district. The only variation is in the lot dimension and yard setback requirements. R-2C restricts development to a much lower density.

Section 11. R-3A, multifamily residential dwelling district.

(A) Purpose of district. This district is defined as an area designed for the development of multifamily dwellings, with compatible nonresidential uses. Certain nonresidential uses such as a clubhouse, a sales office, recreational center and facilities intended primarily to provide service to the residents are permitted after applications are submitted and approved in the site development plan. Due to the high concentration of persons and vehicles, this district shall be situated where they are well served by public and commercial services and have convenient access to thoroughfares. Density in the R-3A zoning district is based on net acre of residential land.

(B) Permitted uses. Within the R-3A district, unless otherwise permitted by this ordinance, no building, structure or land shall be used except for the following:

(1) One-family dwellings that meet R-1A dimensional requirements.

(2) Two-family dwellings that meet R-2A dimensional requirements.

(3) Multifamily site-built or modular dwellings that meet the R-3A dimensional requirements.

(4) One-family modular dwellings that meet R-1A dimensional requirements.

(5) Two-family modular dwellings that meet R-2A dimensional requirements.

(Ord. of 11-19-2001(2), § II)

Section 12. R-3B, multifamily residential dwelling district.

Purpose of district. This district is defined as an area designated for the development of multifamily dwellings, with compatible nonresidential uses. The R-3B district permits the same uses as in the R-3A district. R-3B allows a greater development density in the form of more units per net acre of residential land.

(Ord. of 11-19-2001(2), § II)

Section 13. R-3C, multifamily residential dwelling district.

[Purpose of district.] This district is defined as an area designated for the development of multifamily dwellings, with compatible nonresidential uses. The R-3C district permits the same uses as in the R-3A district. R-3C allows a greater development density in the form of more units per net acre of residential land.

(Ord. of 11-19-2001(2), § II)

Section 13.1. R-4 townhouses and condominiums district.

(A) Purpose of district. This district is defined as an area designated for the development of multi-family dwellings in the form of row houses, townhouses and condominiums. Certain nonresidential uses such as clubhouse, a sales office, recreational center and facilities intended primarily to provide service to the residents are permitted after applications are submitted and approved in the site development plan. Due to the high concentration of persons and vehicles, this district shall be situated where they are well served by public and commercial services and have convenient access to at least one major street. This district must be located within a gated community and contain private roads. The dimensional requirements shall be as follows:

(1) Density shall be limited to ten dwelling units per net acre;

(2) Buildings shall have a maximum of five dwelling units per building;

(3) Minimum unit width shall be 20 feet;

(4) Maximum impervious surface shall be 60 percent;

(5) Minimum setback distance for each building shall be 25 feet for front yard (measured from back of curb); 20 feet rear setback (measured from property line), and 20 feet side yard (measured from building to building, building to improvements, or building to property line, as the case may be); and

(6) Maximum height of building shall be 45 feet.

(7) The development must have a minimum of 20 acres but no more than 35 developable acres.

(B) A site development plan shall be approved by the mayor and council of the City of Pooler for all multi-family developments located within the R-4 district. The site development plan shall include an off street parking plan, an amenity plan, and a buffer plan. The approved plan shall constitute the approved use for the site and any subsequent change in land use for the property that is not consistent with the approved plan shall be resubmitted in the same manner and shall require review and a recommendation by the Pooler Planning and Zoning Commission and review and approved by the mayor and council.

(Ord. of 11-1-2004, § 1)

Section 14. MH-1, manufactured home dwelling district.

(A) Purpose of district. This district is defined as an area desirable to place not more than one single-family manufactured home per lot. This district is composed of certain limited areas in the city limits where it is desirable to place manufactured home(s).

(B) Permitted uses. Within the MH-1 district, no building, structure or land shall be used except for one-family dwellings and accessory uses and buildings. The dwellings may be site-built, modular or manufactured homes.

Section 15. MH-2A, manufactured home dwelling district.

(A) Purpose of district. This district is defined as an area which may be designated for development of one-family manufactured homes as a planned subdivision. This district is composed of single-family dwellings on individual lots within an approved subdivision. The dwellings may be site-built, modular or manufactured homes. Said subdivision must meet all applicable ordinances for MH-1 unless otherwise defined herein.

(B) Permitted uses. Within the MH-2 district, no building, structure or land shall be used except for one-family dwellings and accessory uses and buildings. A copy of recorded plat must be submitted and approved by the city building official showing manufactured home locations and improvements, prior to placing the manufactured home on a lot.

(C) Conditional uses. None allowed.

Section 16. MH-2B, manufactured home dwelling district.

Purpose of district. This district is defined as an area which may be designated for development of one-family manufactured homes as a planned subdivision. The MH-2B district permits the same uses as in the MH-2A district. The only variation is in the lot dimension and yard setback requirements. MH-2B restricts development to the lowest density of the MH districts.

Section 17. MH-3, manufactured home park district.

(A) Description of district. This district is defined as an area set aside to allow the location of manufactured home parks. This district is composed of single-family manufactured homes on individual lots or on a stand within an approved manufactured home park. Said park shall meet all applicable requirements of article III, section 10 of this ordinance.

(B) Permitted uses. Within the MH-3 district, no building or structure shall be used except for one-family dwellings and accessory uses and buildings.

(C) Conditional uses. None.

Section 18. C-1, light commercial district.

(A) Purpose of district. This district is defined as an area designated for the development of light commercial properties with land uses of less than two acres. This district is composed of lands and structures used primarily for the retailing of goods and the furnishing of services. Regulations within this district are intended to permit and encourage full development of the necessary uses while at the same time protecting nearby residential properties from the possible adverse effects of the commercial activity. All site plans for development in the C-1 district must be submitted to the building official for review by the planning commission, and the city council for approval. See article V of this ordinance for the site plan approval process.

(B) Permitted uses. In a C-1, light commercial district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the building official, the planning commission has reviewed the site plan and made comments, and the city council has granted site plan approval at a regularly scheduled meeting.

(1) Professional offices,

(2) Banks,

(3) Laundry and dry-cleaning establishments,

(4) Grocery stores,

(5) Barbershops and beauty shops,

(6) Dry goods stores,

(7) Churches and fraternal organizations,

(8) Gift shops,

(9) Eating establishments with no live entertainment,

(10) [Deleted],

(11) [Deleted],

(12) Theaters,

(13) Arcades and game rooms,

(14) Heating and air conditioning sales and service,

(15) Television sales and service,

(16) Child care facilities,

(17) Household furniture,

(18) Hardware stores,

(19) Retail sales,

(20) Neighborhood shopping centers 10,000 square feet or less of building area, [and]

(21) Drugstores,

(22) [Deleted].

(C) Reserved.

(D) Conditional uses. The following conditional uses may be permitted after review by the planning commission and approval by city council. (In addition, refer to article VII, section C, paragraph 6 for extension of conditional uses:)

(1) Garages, automobile repair and service,

(2) Teen clubs,

(3) Residential construction may be authorized as a conditional use by the city council when it does not interfere with the planned commercial development; and,

(4) Eating establishments with live entertainment provided,

(5) Funeral homes,

(6) Service stations,

(7) Mini-warehouses,

(8) New or used auto sales and service,

(9) Skating rinks,

(10) Miniature golf courses,

(11) Pawn shops.

All other uses not listed as permitted or conditional uses shall require the approval of the city council through the ordinance text amendment process.

(Ord. of 11-17-1997, § I; Ord. of 12-18-2000(2), § I; Ord. of 8-20-2001, § I; Ord. of 9-15-2003, § I)

Cross references: Businesses, ch. 26.

Section 19. C-2, heavy commercial district.

(A) Purpose of district. This district is defined as an area designated for the development of heavy commercial properties or land uses of more than two acres. This district is composed of lands and structures primarily for the retailing of goods and the furnishing of services in areas with heavy traffic concentration. Regulations for this district are designed to be more strict due to the concentration of people vehicles. All site plans for development in the C-2 district must be submitted to the building official for review by the planning commission, and the city council for approval. See article V of this ordinance for the site plan approval process.

(B) Permitted uses. Within the C-2 district, all the approved uses for the C-1 district are allowed. In a C-2, heavy commercial district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the building official, the planning commission has reviewed the site plan and made comments, and the city council has granted site plan approval at a regularly scheduled meeting.

(1) Motels:

(a) Hotels and motels having 50 or more units may have restaurants, nightclubs, dining rooms or bars which are located in the main building; and,

(b) Hotels and motels having 100 or more guest rooms may have retail stores, personal service shops, offices and similar uses for the convenience of their guests,

(2) Deleted,

(3) Shopping centers with total floor space exceeding 10,000 square feet,

(4) Any sales facility exceeding 10,000 square feet of floor area.

(5) Open air market or flea market (when developed as a planned development which allows for adequate parking for covered spaces rented out on a daily basis),

(6) Deleted,

(7) Deleted,

(8) Liquor, beer and wine package shops,

(9) Restaurant with or without alcohol sales,

(10) Service stations,

(11) Mini-warehouses,

(12) New or used auto sales and service,

(13) Skating rinks,

(14) Miniature golf courses.

(15) Carwash and detailing. Such use shall front on an arterial street and shall comply with state Department of Natural Resources (DNR) and federal Environmental Protection Agency (EPA) regulations set forth in Article V, Section 42.152 of the Stormwater Management Ordinance.

(C) Conditional uses.

(1) Truck service centers,

(2) Mobile home sales,

(3) Bars or nightclubs,

(4) Family entertainment centers, including go-kart rides, miniature golf, batting cages, arcade games, food courts, and other similar forms of family amusement, provided however that no such activity shall exceed the following noise limits at any point along the boundary of the property on which the family entertainment center is located:

55 dB(A) (sound pressure level): 10:00 p.m. to 7:00 a.m.

60 dB(A) (sound pressure level): 7:00 a.m. to 10:00 p.m.

Any use not otherwise classified, shall be submitted to the Pooler Planning Commission for review and shall require the approval of the city council through the ordinance text amendment process.

(Ord. of 12-18-2000(2), § II; Ord. of 8-20-2001, § II; Ord. of 2-18-2002, § I; Ord. of 7-21-2003(1), § I)

Cross references: Businesses, ch. 26.

Section 20. C-P, commercial-professional.

(A) Purpose of district. This district is defined as an area designated for the development of professional offices along with retail sale of goods and services in a manner which will meet the needs of the community without adversely affecting nearby residential uses. This district is composed of lands and structures used primarily for the retailing of goods and the furnishing of services. Regulations within this distract are intended to permit and encourage full development of the necessary uses while at the same time protecting nearby residential properties from possible adverse effects of the commercial activity. All site plans for development in the C-P district must be submitted to the building official for review, and the Pooler City Council for approval. See article V of this ordinance for the site plan approval process.

(B) Permitted uses. In a C-P, commercial-professional district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the building official, the planning commission has reviewed the site plan and made comments, and the city council has granted site plan approval at a regularly scheduled meeting.

(1) Professional offices,

(2) Banks,

(3) Professional office plazas,

(4) Gift shops under 2,000 sq. ft.,

(5) Drug stores under 2,000 sq. ft.,

(6) Deleted,

(7) Deleted,

(8) Churches and fraternal organizations,

(9) Eating establishments under 2,000 sq. ft. with no live entertainment and no drive through,

(10) Furniture stores under 2,000 sq. ft.; and,

(11) Specialty shops under 2,000 sq. ft.

(C) Conditional uses. The following conditional uses may be permitted subject to above conditions of fact:

(1) Residential construction may be authorized as a conditional use by the city council when it does not interfere with the planned commercial-professional development.

When residential construction is approved as a conditional use, all requirements of the sections applicable to the type of construction will apply. However zero lot lines will not be permitted for residential construction.

Any use not otherwise classified, shall be submitted to the Pooler Planning Commission for review and shall require the approval of the city council through the ordinance text amendment process.

(Ord. of 12-6-1999, § I)

Cross references: Businesses, ch. 26.

Section 21. I-1, light industrial district.

(A) Purpose of district. This district is established to provide land for light industrial uses which are not significantly objectionable with regard to noise, odor, fumes, etc., to surrounding properties. This district's regulations are designed to provide a compatible environment for uses generally classified as light industrial in nature; to protect and reserve undeveloped areas within the city that are suitable for such light industries; and to discourage encroachment by residential, commercial, or other uses that may adversely affect the industrial character of the district. Lands within this district should be located in relation to the major thoroughfare network of the city, as well as rail and airport if possible, and designed so that uses within the district do not disrupt normal traffic flow patterns within the city. Planned industrial parks are encouraged within this district.

(B) Permitted uses. Property and buildings in an I-1, light industrial district shall be used for the following purposes, provided that such uses are conducted in such a manner that noxious odors, fumes, dust and similar particles, or noise are not emitted or detectable beyond the property lines of the lots on which the uses are located:

(1) Manufacturing, processing, fabrication, repair, and servicing of any commodity or product, and sale, retail or wholesale of any product or commodity, which does not produce noise, odors, dust, fames, fire hazard or other nuisance beyond the property lines,

(2) Warehousing, storage and distributing of any product or commodity,

(3) Offices, including medical and dental,

(4) Repair garages provided that all business is conducted inside an enclosed building and/or inside an aesthetically pleasing barrier which will shield the business activity from view of passing motorists and surrounding property owners,

(5) Truck terminals, provided the use of trucks entering or leaving the road will not constitute a traffic hazard or impede highway traffic,

(6) Animal hospitals, kennels and/or boarding facilities (see article III, section 22 for specific regulations),

(7) Outdoor drive-in theaters (see article III, section 23, for specific regulations),

(8) Building material sales yards and lumber yards, including the sales of rock, sand, gravel and the like,

(9) Public utilities, including buildings, necessary structures, storage yards, and other related uses, but specifically excluding waste processing, handling or storage,

(10) Research or experimental stations and laboratories,

(11) Radio and/or television station transmission or reception towers (see article III, section 16 for specific regulations),

(12) Horticultural nurseries,

(13) Office buildings for business, governmental, professional, or other general purposes; and,

(14) Accessory buildings, structures, and uses customarily incidental to permitted uses,

(15) Truck service centers,

(16) Manufactured home sales, and

(17) Bars or nightclubs.

(C) Conditional uses. The following uses may be permitted in accordance with the provisions contained in article V, section 7, and if additional conditions which may be required are met.

(1) Retail businesses or services provided such businesses or services are incidental to a permitted light-industrial use and located on the same premises; and,

(2) Watchman or caretaker's one or two family dwelling provided that such dwelling is located on the premises of the permitted light-industrial use and a member of the household is employed by the industry as a watchman or caretaker.

Any use not otherwise classified, shall be submitted to the Pooler Planning Commission for review and shall require the approval of the governing body through the ordinance text amendment process.

(Ord. of 12-18-2000(2), § III)

Cross references: Businesses, ch. 26.

Section 22. I-2, heavy industrial district.

(A) Purpose of district. It is the intent of this district to provide land for those heavy industrial uses that may create nuisances and therefore may not be compatible with uses of other zoning districts. Land within this district is intended for industrial operations which require buildings and open areas for the fabrication, processing, extraction or repair of raw materials or manufactured products. Uses in this district should be located so as to discourage the disruption and/or congestion of traffic in the city. Furthermore, it is the intent of this district to discourage any encroachment by residential developments or other uses capable of adversely affecting the industrial character of this district.

(B) Permitted uses. Property and buildings within the I-2, heavy industrial district shall be used for the following purposes:

(1) All uses permitted in the I-1, light-industrial district,

(2) Industrial uses which involve manufacturing, fabrication, processing, assembly, packaging, treatment or storage of heavy materials, products or equipment; but not including junk or salvage operations or uses which may cause the conditions outlined by paragraph C(2), conditional uses and specifically excluding waste handling, treatment or storage; and

(3) Accessory buildings, structures, and other uses customarily incidental to a permitted use.

(C) Conditional uses. The following uses may be permitted in accordance with the provisions contained within article V, section 7, and if additional conditions which may be required are met.

(1) Any conditional use allowed in the I-1, light industrial district,

(2) Any industrial use that may produce injurious or noxious noise, vibration, smoke, gas, fumes, odor, dust, fire hazard or other objectional conditions as a result of its operation (such uses shall be located a minimum of 200 feet from adjoining property lines and must be in conformance with all applicable rules and regulations administered by the Environmental Protection Division of the Georgia Department of Natural Resources),

(3) Open yard use for the sale, rental, dismantling and/or storage of new or used salvage and/or junk materials or equipment, provided that such uses are separated from adjoining properties by a screen, fence, or wall at least eight feet in height, and no burning of materials or products will be conducted on the premises,

(4) Live adult entertainment,

(5) Adult media stores,

(6) Adult movie theaters,

(7) Tattoo parlors, and

(8) Establishments selling non-prescription drug paraphernalia.

Any use not otherwise classified, shall be submitted to the Pooler Planning Commission for review and shall require the approval of the aldermanic board through the ordinance text amendment process.

Cross references: Businesses, ch. 26.

Section 23. R-A, residential-agricultural district.

(A) Purpose of district. This district is defined as an area designated for mixture of one and two family residential, agriculture, and limited commercial uses in a rural manner whereby forest and agricultural uses are protected from adverse impacts of urban sprawl. The purpose of this district is to protect those rural areas within the urban expansion areas of the city for future urban development and to protect certain rural areas against strip development which can lead to traffic congestion, traffic hazards and roadside blight.

(B) Permitted uses. Within the R-A district, unless otherwise permitted by this ordinance, all uses shall be submitted to the building official for review, and approved by the aldermanic board. No building, structure or land shall be used except for the following:

(1) One-family dwellings,

(2) Two-family dwellings,

(3) Garage apartments,

(4) Manufactured home (principal use) - no more than one manufactured home or manufactured home shall be permitted on a lot. When a manufactured home is placed upon an unoccupied lot, it shall be considered the principal use upon such lot and shall comply with all regulations established for a one-family dwelling in this district.

(5) Manufactured home (second dwelling unit).

(a) A single-family residential dwelling may be established as a second dwelling unit on a lot with an existing single-family dwelling provided it shall be permitted only in a rear yard and that the lot on which such use is to be established meets the minimum lot area and lot width requirement for two-family dwellings.

(b) The single family dwelling shall be so located as to be not less than 20 feet from any residential structure on said lot or adjoining lot.

(c) If the principal use is a manufactured home, the second dwelling unit must be a site built dwelling.

(6) Non-residential mobile structures as temporary use (see general provisions, article III for specific regulations),

(7) Caretaker's quarters (see general provisions, article III for specific regulations),

(8) Accessory farm dwelling units (see general provisions, article III for specific regulations),

(9) Home occupation (see definition and general provisions, article III for specific regulations),

(10) Incidental or accessory uses and buildings,

(11) Public uses - buildings, structures and uses of land by a government agency or government unit including public schools, provided that application for a public use shall be referred to and approved by the planning commission and aldermanic board,

(12) The use of public facilities or public parks for carnivals, rodeos, horse shows, shooting or athletic events, community fairs or other event of public interest - such public facilities or public parks shall be owned and operated by either an agency of government or a unit of government,

(13) Neighborhood recreation center - golf courses including the club houses established in connection therewith,

(14) Churches and other places or worship (see general provisions, article III for specific regulations),

(15) Nursery schools, kindergartens - provided such uses are located on a major or secondary street or road and that 100 square feet of outdoor play space is provided each child,

(16) Childcare center (see general provisions, article III for specific regulations),

(17) Adult daycare center for up to 40 persons (see general provisions, article III for specific regulations),

(18) Family adult daycare center (see general provisions, article III for specific regulations),

(19) Private schools - a site development shall be submitted to the planning commission and aldermanic board for review and approval prior to the issuance of a building permit,

(20) Hospitals and medical centers,

(21) Homes for aged and for children (see general provisions, article III for specific regulations),

(22) Country club (see general provisions, article III for specific regulations),

(23) Clubs or lodges,

(24) Public utility facilities, such as distribution lines, transmission lines and railroad tracks. Unless elsewhere permitted in the district, shall not include a business office or storage yard,

(25) Telephone exchanges, gas or electric regulator stations,

(26) Private sewerage treatment facilities - the proposed design and operation of such facility shall be approved by the Chatham County Health Department,

(27) Agricultural, general - agricultural activities of all types, livestock and poultry farms, fisheries, forestry; activities including sawmills, organic blending plants and uses of a similar nature,

(28) Animal hospital - veterinary clinic or animal boarding place (see general provisions, article III for specific regulations),

(29) Greenhouses and plant nursery, and

(30) Drive-in theater (see general provisions, article III for specific regulations).

Cross references: Animals, ch. 14.

Section 24. RA-1, residential-agricultural, limited district.

(A) Purpose of district. This district is defined as an area much like the R-A district; but, it restricts housing development to only units that are frame-built on site from the eaves down. Neither modular nor manufactured housing is permitted in this district. The purpose of this district is to protect those rural areas within the urban expansion areas of the city for future urban development and to protect certain rural highway roadside areas against strip development which can lead to traffic congestion, traffic hazards and roadside blight.

(B) Permitted uses. Within the RA-1 district, unless otherwise permitted by this ordinance, all uses shall be submitted to the building official for review and approved by the aldermanic board. No building, structure or land shall be used except for the following:

(1) One-family site-built dwellings,

(2) Two-family site-built dwellings,

(3) Garage apartments (see general provisions, article III for specific regulations),

(4) Non-residential mobile structures as temporary (see general provisions, article III for specific regulations),

(5) Caretaker's quarters (see general provisions, article III for specific regulations),

(6) Accessory farm dwelling units (see general provisions, article III for specific regulations),

(7) Home occupation (see general provisions, article III for specific regulations),

(8) Incidental or accessory uses and buildings (see general provisions, article III for specific regulations),

(9) Public uses - same as set forth in residential-agricultural,

(10) The use of public facilities or public parks - same as set forth in residential-agricultural,

(11) Neighborhood recreation center - same as set forth in residential-agricultural,

(12) Churches and other places of worship - same as set forth in residential-agricultural,

(13) Nursery schools, kindergartens - same as set forth in residential-agricultural,

(14) Child-care center - In those requiring governing body approval, the governing body shall have the right and discretion, considering the traffic patterns and volume and the general character of the neighborhood, to limit the number and ages of children allowed at any particular child-care center so as to alleviate any undue interference with the character of the neighborhood as well as to impose such other requirements as are reasonably necessary to accomplish such purpose (see general provisions, article III for specific regulations),

(15) Adult daycare center for up to 40 persons (see general provisions, article III for specific regulations),

(16) Family adult daycare center (see general provisions, article III for specific regulations),

(17) Private schools - a site development shall be submitted to the planning commission and governing body for review and approval prior to the issuance of a building permit,

(18) Homes for aged and for children (see general provisions, article III for specific regulations),

(19) Country club (see general provisions, article III for specific regulations),

(20) Public utility facilities, such as distribution lines, transmission lines and railroad tracks. Unless elsewhere permitted in the district, shall not include a business office or storage yard,

(21) Telephone exchanges, gas or electric regulator stations,

(22) Private sewerage treatment facilities - the proposed design and operation of such facility shall be approved by the Chatham County Health Department,

(23) Agricultural, general-agricultural activities of all types, livestock and poultry farms, fisheries, forestry; activities including sawmills, organic blending plants and uses of a similar nature,

(24) Greenhouses and plant nursery.

Cross references: Animals, ch. 14.

Section 25. RA-2, residential-agricultural, two-family dwelling district.

(A) Purpose of district. This district is defined as an area much like the RA-1 district; but, the primary dwelling structure must be site-built. However, the secondary dwelling unit may be a manufactured home. This district is composed of certain limited areas in the city limits to create an environment in which one-family dwellings, two-family dwellings and certain non-dwelling uses are permitted in order to promote the stability and character of medium density residential development with functional open space.

(B) Permitted uses. Within the R-A2 district, unless otherwise permitted by this ordinance, all uses shall be submitted to the building official for review and approved by the aldermanic board. No building, structure or land shall be used except for the following:

(1) One-family site-built dwellings,

(2) Two-family site-built dwellings,

(3) Garage apartments (see general provisions, article III for specific regulations),

(4) Manufactured home - only as a second dwelling unit-same as set forth in section 1, residential-agricultural

(5) Non-residential mobile structures as temporary use (see general provisions, article III for specific regulations),

(6) Home occupations (see general provisions, article III for specific regulations),

(7) Incidental or accessory uses and buildings (see general provisions, article III for specific regulations),

(8) Public uses - same as set forth in section 1, residential-agricultural,

(9) The use of public facilities or public parks for carnivals, rodeos, horse shows, shooting or athletic events, community fairs or other events of public interest - such public facilities or public parks shall be owned and operated by either an agency of government or a unit of government,

(10) Neighborhood recreation center - golf courses including the club houses established in connection therewith,

(11) Churches and other places of worship (see general provisions, article III for specific regulations),

(12) Nursery schools, kindergartens-provided such uses are located on a major or secondary street or road and that 100 square feet of outdoor play space is provided each child,

(13) Child-care center (see general provisions, article III for specific regulations),

(14) Adult daycare center for up to 40 persons (see general provisions, article III for specific regulations),

(15) Family adult daycare center (see general provisions, article III for specific regulations),

(16) Private schools - a site development shall be submitted to the planning commission and aldermanic board for review and approval prior to the issuance of a building permit,

(17) Homes for aged and for children (see general provisions, article III for specific regulations) a site development plan shall be presented to the planning and zoning commission and aldermanic board for review and approval prior to issuance of a building permit,

(18) Country club (see general provisions, article III for specific regulations),

(19) Public utility facilities, such as distribution lines, transmission lines and railroad tracks. Unless elsewhere permitted in the district, shall not include a business office or storage yard,

(20) Telephone exchanges, gas or electric regulator stations,

(21) Private sewerage treatment facilities - the proposed design and operation of such facility shall be approved by the Chatham County Health Department,

(22) Agricultural, special:

(a) Non-commercial greenhouses.

(b) The growing and harvesting of agricultural crops and timber.

Cross references: Animals, ch. 14.

Section 26. Planned Unit Developments (PUD).

1. Purpose of district. The purpose of the PUD district is to encourage flexibility in land planning that will result in improved design, character and quality of new mixed use developments; to promote the most appropriate use of land; to facilitate the provision of streets and utilities; and to preserve the natural and scenic features and open space.

2. General conditions. Any area may be zoned as a PUD district if any one or more of the following general conditions are met:

a) More than one principal land use is proposed for development on a parcel under single ownership and management.

b) Separate land uses, which would not otherwise be permitted to locate within the same zoning district, are proposed for development on one or more adjacent parcels under single ownership or management.

3. Specific requirements. In order to qualify for a PUD district, a project must first meet each of the following specific requirements:

a) The site must contain not less than 500 acres and must adjoin, or have direct access to, at least one major street.

b) The site shall be in one ownership, or if in several ownerships, the application shall be filed jointly by all owners under single management.

4. Density requirements:

a) The proposed net density level of the entire PUD District shall not exceed four dwelling units per acre.

b) The proposed net density for any individual zone within the PUD shall not exceed the following:

i) For one-story housing - six dwelling units per acre

ii) For two-story housing - 12 dwelling units per acre

iii) For three-story housing - 18 dwelling units per acre

5. Administrative procedures for PUD zoning. Requests pertaining to the establishment of a PUD district shall be considered as an amendment to the zoning ordinance and shall be administered and processed accordingly. Requests must include a master plan submittal which may vary from other existing ordinances and regulations concerning use, setbacks, lot size, density, bulk and other requirements. Applicants seeking PUD zoning shall meet with appropriate staff/board/commission members for a preliminary review prior to making an application for rezoning. A general outline of the proposal along with supporting concept plans shall be submitted. The appropriate staff/board/commission members will furnish the applicant with comments prior to the final master plan submittal. The final master plan will then be submitted to the planning commission for review, public hearing and comment, and then forwarded to aldermanic board for approval. All portions of the master plan shall comply with the requirements of this ordinance.

6. Preliminary PUD zoning. Prior to obtaining a PUD zoning amendment, the applicant may file for preliminary PUD zoning which would establish the total allowable net density, total residential units and total acreage allowances for all proposed land use zones such as residential, commercial and industrial. Final PUD zoning, as outlined in this ordinance, is required prior to beginning any improvements or development within the property.

7. The preliminary development plan. The preliminary outline along and supporting concepts shall include the following:

(1) Existing features.

a) The bearings and distances of the boundary lines pertaining to the property to be divided.

b) The location of any streams, natural drainageways, and other waterways which exist on the property.

c) If in an urban district, the distance and direction to public waterlines and sanitary sewer lines.

d) The name, location, and right-of-way width of existing streets either on the property or on the land adjoining the property.

e) The location of railroads, public or private rights-of-way or easements, and parks or other public spaces, either on the property or adjoining the property.

(2) Proposed design features.

a) The location of, purpose, and width of any major proposed drainage or utility easement.

b) The location of proposed streets and lanes.

c) The proposed land use for the PUD.

8. Development standards. Specific standards must be set forth in the PUD master plan which shall include, at a minimum:

a) Land use master plan showing the location, net acreage, and gross acreage of each type of residential, office and industrial zone, including open space in the PUD and the existing land uses of property adjacent to the PUD. The master plan shall also include the approximate location of major circulation systems and utility systems with each zone.

b) Residential density standards showing the maximum number and type(s) of dwelling units at build-out. Except as otherwise provided in this paragraph, density is based on the total net acreage of the PUD. Net acreage is defined as the total area of high ground, excluding wetlands, for the entire PUD and must be identified within the zoning text of the master plan submittal. In those PUD districts in which the developer constructs an 18-hole golf course (6,000 yards, par 70 from the rear tee) within the designated PUD, developer density shall be determined by gross acreage as opposed to net acreage and shall include for purposes of calculation of density wetlands for the entire PUD.

c) Standards for single-family, multifamily, commercial and industrial structures, including: height limitations, setbacks, lot coverage, lot size, parking, buffers and other appropriate standards.

d) Standards for commercial and industrial use, including: height limitations, setback, lot coverage, size parking, buffers, non-residential traffic, and other appropriate standards.

e) Standards for major roadway circulation systems including the right-of-way width, pavement width, and design and utility locations.

f) Location, dimensions, and purpose of any easements.

g) Permitted uses within each zone.

h) A plan for the proposed phasing and a build-out schedule of development within the PUD.

i) The master plan shall also include the expected limits of the 100-year flood where appropriate.

9. Amendment of master plan.

a) Approved master plan may be revised subject to the approval of the zoning administrator/review board without additional review and approval by the Pooler Planning Commission and aldermanic board in the following limited situations:

i) minor changes in the location of roads or width of street or right-of-way within the PUD;

ii) change in the allocation of housing density within the PUD so long as the overall approved density is not increased;

iii) minor changes in land use zone boundaries and/or locations so long as the individual land use acreage allocations and densities are not exceeded;

iv) changes in the proposed build-out and phasing schedule.

Any site plan approvals, subdivision plats or permits needed for these changes may be secured using normal procedures.

Any changes to a master plan not listed above shall require that revised PUD master plan be submitted to the planning commission and aldermanic board for approvals prior to any approvals of site plans or subdivision plats involving such changes.

(Ord. of 7-7-1997, § II; Ord. of 10-19-1998, § I)

ARTICLE V.
PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT

It shall be unlawful for any person to commence excavation for, or construction of any building or structure, or moving of any existing building or structure without first obtaining a permit from the building official. No permit shall be issued for the construction or alteration of any building or structure until proper approval has been granted and fees have been submitted in accordance with the provisions of this ordinance.

Section 1. Permits required for construction.

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

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

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

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

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

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

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

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

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

Section 2. Permits or actions required by this ordinance.

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

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

(B) Site plan approval. All land development activities other than residential one and two family structures, regardless of the zoning district, must present a site plan of such development to the building official and city engineer for review prior to the issuance of any land development permits. The site plan is also reviewed by the planning commission and forwarded to the aldermanic board for approval once all comments are addressed.

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

(D) Amendment to the zoning map. An amendment to the zoning map is considered to be an amendment to the zoning ordinance. Such action requires a public hearing by the planning commission and approval by the aldermanic board at a scheduled meeting.

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

(F) (Reserved).

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

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

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

(3) Individual well systems. If an individual well system is required for any land development, a well permit is required from the building official.

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

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

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

Section 3. Fees.

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

Section 4. Application for permits or actions under this ordinance.

(A) Minimum requirements for all applications. All applications for permits or action shall be dated upon submission and require the following minimum information:

(1) Name, address and signature of applicant. (All applications shall be signed and shall state the name and address of the applicant, who must be the owner of the property or the authorized agent or attorney for the owner of the property. If the applicant is the agent of the owner, then said agent shall file, simultaneously with said petition, a notarized letter signed by the owner, authorizing said agent to file on his behalf),

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

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

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

(5) Current zoning and use of the property or properties,

(6) Name and address of all adjacent property holders; and,

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

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

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

a. The name of the local government official to whom the campaign contribution or gift was made,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b. Dimensions of all rights-of-way,

(4) Drainage plan to conform with city engineering department standards,

(5) Location of all utilities,

(6) Tabulated data including at least:

a. Gross density of dwelling units,

b. Parking ratio per dwelling unit,

c. Percent and amount of land coverage by use, and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Ord. of 6-1-1998(2))

Section 5. Public notice.

After a completed application has been filed, the next step in the approval process for a zoning action required by this ordinance is to set a date for a public hearing on the matter and render proper notice to the public. Proper public hearing notice procedures are as follows:

(A) Legal notice. Notice of public hearings before the planning commission and the aldermanic board as required by this section shall be published within a newspaper of general circulation within the city in which are carried the legal advertisements of the city and shall state the time, place and purpose of the hearing and shall also include the location of property that is the subject of the zoning action, the present zoning district of said property, and the proposed zoning district or proposed zoning action of said property. Such notice for the official public hearing before the aldermanic board shall be published at least 15 days; but, not more than 45 days prior to the date of the hearing.

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

(C) Notification to adjacent property owners. At least seven days prior, but not more than 45 days before the date of the public hearing a notice setting forth the date, time and place for such public hearing shall be sent by mail to the applicant, the planning and zoning commission, and all owners of property located adjacent to or across a public right-of-way from the property being proposed for rezoning. The notice shall also include the location of the property, its present zoning classification and the proposed zoning classification. The names and addresses of owners of such properties to be notified shall be provided by the applicant as set forth herein; provided, however, where a map amendment is initiated by the planning commission such names and addresses of owners of property located adjacent to or across a public right-of-way from property being proposed for rezoning shall be provided by the building official. Failure of the building official to send notices or failure of the property owner to receive notification shall not affect the validity of any zoning action. This procedure exists as a supplement to the legally required notification procedures.

Section 6. Public hearing requirements.

Whenever a zoning action takes place, a hearing must be held before the public. When an applicant requires more than one zoning action or subdivision procedure for a development project, a separate public hearing must be held for each procedure or action. In the City of Pooler there are two public hearings held for each zoning action or subdivision procedure. One before the planning commission and the other before the aldermanic board. The public hearing before the aldermanic board is by record the official public hearing. The purpose of each public hearing is to discuss information pertinent to the particular action or procedure. During the hearing the following rules and actions shall be followed:

(A) General rules of conduct. Whenever a public hearing is required by this ordinance or by state law prior to approving a zoning action, such public hearing, whether conducted by the aldermanic board or the planning commission, shall be conducted in accordance with the following procedures:

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

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

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

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

(5) After all individuals have had an opportunity to speak in accordance with section 6(a)(3) above, those individuals present at the public hearing who wish to speak in opposition to the requested zoning decision shall have an opportunity to speak.

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

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

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

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

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

(7) No time limit shall be imposed upon any person speaking at a public hearing, but all speakers are urged to make their comments brief and avoid repeating other comments.

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

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

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

(1) All proposed zoning actions shall be reviewed by the planning commission in a public hearing in accordance with the procedures set forth in section 6(A).

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

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

(C) Actions specific to the city council during a public hearing.

(1) Before taking action on a proposed amendment and after receipt of the planning commission recommendations and reports thereon, the city council shall hold a public hearing on the proposed amendment at their next scheduled meeting.

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

a. Approve or deny the proposed zoning action as submitted,

b. Reduce the land area for which the application is made,

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

d. Add or delete zoning conditions as the city council deems appropriate. If conditions are imposed on a zoning, the minutes should reflect explicitly the conditions and a written copy attached to the minutes as part of the record. Once conditional zoning is applied, the zoning conditions can be changed. A change in a zoning condition would be subject to the Zoning Procedures Law, O.C.G.A. 36-66-1, requiring notice and a public hearing.

(3) An action to defer a decision on the proposed amendment shall include a specific meeting date to which the proposed amendment is deferred. The city council may also approve a withdrawal of an application, and if so stipulated by the city council in its decision to approve withdrawal, the 12-month limitation on re-filing of the application for the same property shall not apply.

(D) Public hearings records standards. The city clerk or an agent of the city clerk shall mechanically record the proceedings of all zoning public hearings. If requested by any party, verbatim transcripts of the public hearing can be prepared, but only if requested and purchased in advance by the requesting party, who must arrange at his expense for a certified court reporter to record and transcribe the hearing and furnish the original of the transcript to the city council for its records. The record of the public hearing and all evidence (e.g., maps, drawings, traffic studies, etc.) submitted at the public hearing shall be noted as such and shall become a permanent part of the particular zoning action's file.

(Ord. of 7-21-2003(2), § I)

Section 7. Standards for conditional use permission.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 8. Site plan approval.

The site plan approval process is intended to provide the general public, planning commission, city council with information pertinent to how a new development will affect the surrounding area and the city as a whole. There is no evaluation process or set of regulations other than what is required to be shown on the plan and listed upon the application. Site plan approval does not constitute approval of any other zoning action or permit.

(A) Process. Upon submittal of the site plan, the building official will review the site plan for noticeable discrepancies and determine if there is a need to apply for other zoning actions. The site plan is then forwarded to the City of Pooler engineer. Once the engineer has submitted comments to the building official, the site plan shall be placed on the agenda of the next planning commission meeting. Until the applicant addresses all of the engineer's comments and the site plan is satisfactory, the city council will not review the plan. However, once the first public meeting is held before the planning commission, site plan approval may commence at any scheduled meeting of the city council.

(B) Zoning actions. Once a site plan has met the application and process requirements the necessary zoning action process may begin.

Section 9. Variances.

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

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

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

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

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

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

Section 10. Standards for zoning ordinance or map amendment.

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 11. (Reserved)

Section 12. Enforcement.

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

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

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

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

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

(3) Upon approval by aldermanic board the building official shall file the complaint with the Clerk of the Municipal Court of Pooler.

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

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

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

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

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

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

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

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

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

Section 13. Other city actions affected by this ordinance.

(A) Alcohol beverage license. The aldermanic board shall not approve an alcohol beverage license to any establishment that is not in compliance with this ordinance.

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

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