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Home My Public Portal About120_050_PH Ord 29-2013, Sec 3-070 temp storage units MAYOR i CITY MANAGER Jason Buelterman QR - Diane Schleicher CITY COUNCIL CLERK OF COUNCIL • Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown A . Jan Fox CITY ATTORNEY Bill Garbett Edward M.Hughes Torn Groover oc o'W''' Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: August 8, 2013 Item: Public Hearing Explanation: Text Amendment—Ordinance 29-2013; Section 3-070; Permissible Structures per Lot; Accessory Structures—consideration of regulations for temporary moving/storage units Budget Line Item Number(if applicable): N/A Paper Work: ■ Attached * Audio/Video Presentation ** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912) 472-5031 /dotto@cityoftybee.org Comments: none Date given to Clerk of Council: July 31, 2013 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866)786-5832 , City of Ethics www.cityoftybee.org �,,B`LyLy G 1 s'° Vi PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: July 16, 2013 Project Name/Description: Section 3-070, Permissible Structures per Lot; Accessory Structures Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code X Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop X Motion to approve as modified Borkowski X Bramble X Callahan X Second Marion Absent McNaughton X Parks Chair The Planning Commission recommends: /1 Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: Planning&Zoning Manager: Z 6)-}j/) Date: rl- 1 s -13 Sec. 3-070. Permissible structures per lot;accessory structures. (G) Temporary, Moving/Storage Units. An ordinance to provide for temporary portable moving and storage containers and for other purposes. (1) Definitions. For the purpose of this section,the following shall apply: Temporary Moving/Storage Units. Any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck. (2) Number, Duration, and Removal. a. Units for on-site moving and/or storage: There shall be no more than two(2) units per site no larger than 8 feet wide,20 feet long, and 8 feet high. No unit shall remain at a site at a residential use in excess of thirty(30) days,twice within a calendar year.A permit is required. b. It shall be unlawful for a unit to remain at a site in excess of the time period permitted under this section. Each day that any such unit remains at the site in violation of the permitted time period shall constitute a separate violation against the property owner or against any person who rents,occupies or otherwise controls the property. Upon request from the City,the franchise unit owner shall remove the unit from the premises within forty-eight(48) hours. c. The franchise unit owner shall provide a list of unit leases,date of unit delivery,and lease address to the City within twenty-four(24) hours of request. (3) Permits. It shall be unlawful for any person to place or permit the placement of a unit on property which he or she owns, rents, occupies or controls without first having obtained a permit. Each day any such unit remains on a property without a valid permit shall constitute a separate violation. Application for a permit shall be obtained from the City. The permit shall be valid for thirty(30)days maximum from the date of issuance. The permit shall be posted in plain view on the site. The permit fee for the unit shall be twenty-five dollars($25.00). Failure to post the permit in plain view will result in a twenty-five dollar($25.00) penalty. The construction of the unit shall meet the 130 mph wind design requirements of the building code. (4) On-Site Location. Residential uses: Units shall be located in driveways or yards. Units shall not be located in the public right-of-way. Commercial uses: All commercial use units shall be subject to Site Plan Approval prior to any onsite location. See Section 5-080. (5) Emergency Removal. Removal of units in the event of a hurricane warning: Notwithstanding the time limitations set forth in Section (2)(a), all units shall be removed immediately upon the issuance of a hurricane warning by a recognized governmental agency. 7.28.13 ORDINANCE NO. 29-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA AMENDING SECTION 3-070,PERMISSIBLE STRUCTURES PER LOT; ACCESSORY STRUCTURES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island desires to amend Section 3-070 of the City Land Development Code in order to add subsection(G)thereto addressing storage containers on properties and restrictions on the time allowable; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 That Section 3-070 be amended so that it will read as follows: Sec. 3-070. Permissible structures per lot;accessory structures. (G) Temporary, Moving/Storage Units. An ordinance to provide for temporary portable moving and storage containers and for other purposes. (1) Definitions. For the purpose of this section,the following shall apply: Temporary Moving/Storage Units. Any container designed for the storage of personal property which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck. (2) Number, Duration, and Removal. a. Units for on-site moving and/or storage: There shall be no more than two (2) units per site no larger than 8 feet wide, 20 feet long, and 8 feet high. No unit shall remain at a site at a residential use in excess of thirty(30) days,twice within a calendar year.A permit is required. b. It shall be unlawful for a unit to remain at a site in excess of the time period permitted under this section. Each day that any such unit remains at the site in violation of the permitted time period shall constitute a separate violation against the property owner or against any person who rents,occupies or otherwise controls the property. Upon request from the City,the franchise unit owner shall remove the unit from the premises within forty-eight(48) hours. c. The franchise unit owner shall provide a list of unit leases, date of unit delivery,and lease address to the City within twenty-four(24) hours of request. (3) Permits. It shall be unlawful for any person to place or permit the placement of a unit on property which he or she owns, rents, occupies or controls without first having obtained a permit. Each day any such unit remains on a property without a valid permit shall constitute a separate violation. Application for a permit shall be obtained from the City. The permit shall be valid for thirty(30) days maximum from the date of issuance. The permit shall be posted in plain view on the site. The permit fee for the unit shall be twenty-five dollars($25.00). Failure to post the permit in plain view will result in a twenty-five dollar($25.00) penalty. The construction of the unit shall meet the 130 mph wind design requirements of the building code. (4) On-Site Location. Residential uses: Units shall be located in driveways or yards. Units shall not be located in the public right-of-way. Commercial uses: All commercial use units shall be subject to Site Plan Approval prior to any onsite location. See Section 5-080. (5) Emergency Removal. Removal of units in the event of a hurricane warning: Notwithstanding the time limitations set forth in Section (2)(a), all units shall be removed immediately upon the issuance of a hurricane warning by a recognized governmental agency. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/29-2013 Sec 3-070G storage containers-07.29.13