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HomeMy Public PortalAbout130_010_2nd Reading Ord 24-2013 Sec 3-090 MAYOR CITY MANAGER Jason Buelterman z Diane Schleicher • CITY COUNCIL � CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown , Jan Fox CITY ATTORNEY Bill Garbett Edward M.Hughes Torn Groover p�TCI�NS, 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: Ordinances Explanation: Text Amendment–Ordinance 24-2013 –Second Reading Section 3-090, Schedule of Development Regulations 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: Date given to Clerk of Council: July 16, 2013 * * P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866)786-4573—FAX(866) 786-5737 $ City of it Ethics Af www.cityoftybee.org �i��BLL MAYOR t r'S CITY MANAGER Jason Buelterman / , Y ,# Diane Schleicher• CITY COUNCIL r''F a ' CITY CLERK Wanda Doyle, Mayor Pro Tern '1 Janet LeViner Barry Brown Jan Fox F CITY ATTORNEY Bill Garbett fir Edward M. Hughes Tom Groover X14'. # ',� Paul Wolff �` ? ' ` CITY OF TYBEE ISLAND Description: Schedule of Development Regulations Ordinance: Section 3-090 (A) & (B) Zoning Action Requested: Text Amendment - FIRST READING Following any required Public Hearing, the Mayor and Council of the City, on the 11th day of July, 2013, decided to APPROVE as presented. CduCtiv\AN.o) IC)-)4Q 17 - 12 - Planning and Zoning Manager Date `7,v4.4tb;-- k-. --.7 -l: - Mayor Date •-_______,./k__=-A....-c 04A-L-Z-1 '7/021/3 Clqric of Council Date P.O. Box 2749-403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573- FAX (912) 786-5737 www.cityoftybee.org i: , r iv\7 . '0 „ PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: June 18, 2013 Project Name/Description: Section 3-090(A) & (B), Schedule of Development Regulations 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 Absent Borkowski X Second Bramble X Callahan X Marion X McNaughton X Motion to approve _ Parks Chair The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued r Planning Commission Chair: Date: Planning & Zoning Manager: IIM _,, ,_ __ , 0 A Date: (p -( 41"( 3 Sec. 3-090. - Schedule of development regulations. A. Schedule of residential district dimensional requirements. Maximum Zoning Minimum Lot Area Minimum Yard Structure District (square feet) Setback Height Distance (feet) (feet) Single- Two- Multi Front Rear Side — Family Family Family R-1 12,000 permitted permitted 20 20 10 35 R-1-B 6,600 permitted permitted 20 10 10 35 R-2 4,500 6,750 perm�tted 20 10 10 35 8,000 buildable to RT 7,000 8,000 80% of the 20 20 10 35 property exclusive of the setbacks B. Schedule of commercial other than residential districts (commercial, maritime & transitional business-residential) dimensional requirements*. Maximum Minimum Lot Area Front Structure **Zone (square feet) Yard Rear (feet) Side (feet) Heights (feet) None required None required C-1(A)*** (Not applicable to allowed uses) 0 except 15 feet if except 15 feet if 35 bordering bordering residential use. residential use. C-1(B) (Not applicable to allowed uses) 8 6 5 35 4,500 Single-Family C-1(C) 6,750 Two-Family 20 10 10 35 1,125 per unit Multi-Family C-2 (Not applicable to Commercial 10 6 6 35 uses) M-D (Not applicable to allowed uses) 20 10 10 35 TBR 4,500 Single-Family 20 10 10 35 6,750 Two-Family *** C-1(A) Retail uses and food/beverage service uses. C-1(B) Hotel and motel uses, with 80 percent maximum lot coverage. C-1(C) Residential uses, including single-family, two-family, and multi-family(triplexes, quadraplexes, townhomes, apartments, tourist homes, condominiums, timeshares, and similar uses), bed and breakfast uses, and public structures. 06/24/2013 ORDINANCE NO. 24-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA AMENDING SECTION 3-090, SCHEDULE OF DEVELOPMENT REGULATIIONS 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 the Code of Ordinances as to Section 3- 090, Schedule of development regulations; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 That Section 3-090 be amended so that it will read as follows: Sec. 3-090. -Schedule of development regulations. A. Schedule of residential district dimensional requirements. Zoning Minimum Lot Area Minimum Yard Maximum District (square feet) Setback Structure Distance (feet) Height (feet) Single- Two- Multi Front Rear Side — Family Family Family R-1 12,000 Not Not permitted 20 20 10 35 permitted R-1-B 6,600 Not Not permitted 20 10 10 35 permitted R-2 4,500 6,750 Not permitted 20 10 10 35 • RT 7,000 8,000 8,000 buildable to 80% of the property 20 20 10 35 exclusive of the setbacks (1) In any residential district(R-I, R-I-B, R-2 and RT)where the average front setback distance for existing buildings on all lots located wholly or partly within 200 feet to each side of any lot, and within the same zoning district and fronting on the same side of the same street and on the same block as such lot, is less than the minimum setback required in such zoning district,the front setback on such lot may be less than the required setback but not less than the existing average setback distance for all lots within 200 feet to each side, provided that in no case shall the front setback on new construction be less than ten feet.When lots within 200 feet on each side are vacant such vacant lots shall be considered as having the minimum required setback for the purpose of computing an average setback distance.When existing structures on lots within 200 feet on each side exceed minimum front setback required in such zoning district,the required setback shall be used for the purpose of computing an average setback distance. A 18' See illustration and table for visual clarification. A 18' B 20' B 20' 200' 200' C 16' 60' 90' 60' 60' 60' 60' 60' C 16' T T 1 7 T- 7 E 14' X n street E 16' F 20' Vacant F 20' R 2 lot G N/A G N/A A B C D E F G 178=10=17.8' front setback allowed on Lot D B. Schedule of other than residential districts(commercial,maritime&transitional business-residential) dimensional requirements*. **Zone Minimum Front Rear 'Side Maximum Lot Area Yard (feet) (feet) Structure (square feet) Height (feet) C- (Not applicable to allowed 0 None required except None required except 35 1(A)*** uses) 15 feet if bordering 15 feet if bordering residential use. residential use. C-1(B) (Not applicable to allowed 8 6 5 35 uses) C-1(C) 4,500 Single-Family 20 10 10 35 6,750 Two-Family 1,125 per unit Multi-Family C-2 (Not applicable to 10 6 6 35 Commercial uses) M-D (Not applicable to allowed 20 10 10 35 uses) TBR 4,500 Single-Family 20 10 10 35 6,750 Two-Family *When abutting public streets, any principal structure shall be located no nearer than five feet to that lot line. **Where a commercial establishment abuts a residential zoning,a suitable screen will be required.See section 3-160.This screen shall be either natural(planting)or manmade and shall be maintained in good order and approved by the Zoning Administrator. Minimum height is six feet. ***C-1(A)Retail uses and food/beverage service uses. C-1(B)Hotel and motel uses,with 80 percent maximum lot coverage. C-1(C)Residential uses,including single-family,two-family, and multi-family(triplexes,quadraplexes, townhomes,apartments,tourist homes, condominiums,timeshares,and similar uses), bed and breakfast uses,and public structures. C. Structures above 35 feet. If a variance is granted by the mayor and council for a building with a height in excess of 35 feet, in no event shall a building permit be granted without the following restrictions: (1) Structures greater than 35 feet in height shall be fully equipped with fire safe guards consisting of sprinkler systems,smoke detectors and any other fire protection measures deemed necessary at the time by the mayor and 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. 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/2013/24-2013 Sec 3-090 schedule of development regulations 06.28.13 Rev 07.03.13 Municode Page 1 of 2 Curre14 Ord •I+anct, Sec. 3-090. - Schedule of development regulations. A. Schedule of residential district dimensional requirements. Zoning Minimum Lot Area Minimum Yard Setback Maximum Structure District (square feet) Distance (feet) Height Limits .(feet) — Single-Family Two- Multi Front Rear Side — Family Family R-1 12,000 Not Not permitted 20 20 10 35 permitted - R-1-B 6,600 Not Not permitted 20 10 10 35 permitted R-2 4,500 6,750 Not permitted 20 10 10 35 RT 7,000 8,000 8,000 buildable to 20 20 10 35 80% of the property exclusive of the setbacks (1) In any residential district (R-I, R-I-B, R-2 and RT)where the average front setback distance for existing buildings on all lots located wholly or partly within 200 feet to each side of any lot, and within the same zoning district and fronting on the same side of the same street and on the same block as such lot, is less than the minimum setback required in such zoning district, the front setback on such lot may be less than the required setback but not less than the existing average setback distance for all lots within 200 feet to each side, provided that in no case shall the front setback on new construction be less than ten feet. When lots within 200 feet on each side are vacant such vacant lots shall be considered as having the minimum required setback for the purpose of computing an average setback distance. When existing structures on lots within 200 feet on each side exceed minimum front setback required in such zoning district, the required setback shall be used for the purpose of computing an average setback distance. See illustration and table for visual clarification. A 18' See illustration and table for visual clarification. A 18' B 20' B 20' 200' 200' C 16' 60' 90' 60' 60' 60' 60' 60' C 16' T T 1 T r -1 7 . E 14' street E 16' F 20' Vacant F 20' R-2 lot G N/A G N/A A B C D E F G 178=10=17.8' front setback allowed on Lot D B. Schedule of commercial district dimensional requirements*. http://library.municode.com/print.aspx?h=&clientlD=14104&HTMRequest=http%3 a%2f%2flibrary.munico... 6/24/2013 Municode Page 2 of 2 **Zone Minimum Front Rear Side Structure Lot Area Yard (feet) (feet) Heights (square feet) C-1(A)*** 0 None required except 15 feet if None required except 15 feet if 35 bordering residential use. bordering residential use. C-1(B) 8 6 5 35 C-1(C) 1,125 20 10 10 35 per unit - C-2 10 6 6 35 M-D 20 10 10 35 TBR 20 10 10 35 *When abutting public streets, any principal structure shall be located no nearer than five feet to that lot line. **Where a commercial establishment abuts a residential zoning, a suitable screen will be required. See section 3-160. This screen shall be either natural (planting) or manmade and shall be maintained in good order and approved by the Zoning Administrator. Minimum height is six feet. ***C-1(A) Retail uses and food/beverage service uses. C-1(B) Hotel and motel uses, with 80 percent maximum lot coverage. C-1(C) Residential uses, including single-family, two-family, and multi family (triplexes, quadraplexes, townhomes, apartments, tourist homes, condominiums, timeshares, and similar uses), bed and breakfast uses, and public structures. C. Structures above 35 feet. If a variance is granted by the mayor and council for a building with a height in excess of 35 feet, in no event shall a building permit be granted without the following restrictions: (1) Structures greater than 35 feet in height shall be fully equipped with fire safe guards consisting of sprinkler systems, smoke detectors and any other fire protection measures deemed necessary at the time by the mayor and 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. (Ord. No. 1995, 12-7-1995; Ord. No. 2002-6, 4-11-2002; Ord. No. 1995-17, 12-7-1995;Ord. No. 2003-01, 1-9-2003; Ord. No. 1990-09, 4- 22-1999; Ord. No. 2000-12, amended 2-11-2000; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-01 JOY, amended 2-5- 2003; Ord. No. 2002-06, amended 5-15-2002;3-090, amended 3-20-2001, RT-deleted in error and is re-instated by Jackie Brown 3-20- 2001;Ord. No. 2000-12, amended 5-24-2000; Ord. No. 1999-, amended 12-17-1999;Manual, amended 11-10-1999;Manual, amended 10-20-1999, Corrected prior update errors; Ord. No. 1999-09, amended 5-24-1999; Ord. of 1-26-2006(2); Ord. No. 14-2011, 4-14-2011) http://library.municode.com/print.aspx?h=&clientlD=14104&HTMRequest=http%3a%2f%2flibrary.munico... 6/24/2013