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Home My Public Portal About110_030_17-2014 Sec 3-060 B&B regulations MAYOR c5- CITY MANAGER Jason Buelterman aLjj Diane Schleicher CITY COUNCIL � '_ CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett ryr Edward M.Hughes Monty Parks {' t 00 0,,s. 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: February 13, 2014 Item: Public Hearing—First Reading Explanation: Text Amendment—Ordinance 17-2014; Section 3-060, Bed & Breakfast Regulations; City of Tybee Island, petitioner; consideration of amendment to requirements for bed & breakfasts Budget Line Item Number (if applicable): N/A Paper Work: L Attached* Audio/Video Presentation** Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations nzust 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: February 4, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 City of Ethics f www.cityoftybee.org NI, Ethics 4 ') x, a PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: January 21, 2014 Project Name/Description: Section 3-060(A)(9), Bed and Breakfast (Residential), Parking for Special Events 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 Motion to approve with revisions Marion X Vice Chair McNaughton X 1 The Planning Commission recommends: Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: t Planning& Zoning Manager: a Date: —12-14 Sec. 3-060. Bed and breakfast regulations. There are two types of bed and breakfast uses defined in this Land Development Code, a bed and breakfast and a bed and breakfast inn. A bed and breakfast is permitted in certain residential areas and intended to be residential in nature. Any slight diversion from the bed and breakfast parameters will change a residential use to a commercial use. A bed and breakfast inn is intended for commercial districts only. Therefore, there can be no variance from the regulations specific to a bed and breakfast. Such a variance will alter the use of the property and thus require a change in the zoning district. The regulations that list requirements for both types of bed and breakfast uses are as follows: (A) Bed and breakfast(residential). (1) Limited to no more than seven rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. (2) The owner is required to live on premises and agree to make available proof of residency. (3) Food service limited to breakfast for guests only and to be served between the hours of 5:00 a.m. to 12:00 noon and an afternoon snack. (4) Under no circumstances will an alcoholic beverage license be issued. (5) No less than one e#-street vehicle parking space per rental unit, and a minimum of two vehicle parking spaces for the owner are required on the property. Handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (6) A buffer is required with a minimum height of six feet within each of the side and rear yard setbacks. (7) One on-premises sign, not to exceed 12 square feet, may either be posted on the structure or on a post. A post sign may not exceed a height of six feet from the highest point of the sign. A post sign is to be located no nearer than ten feet of the right-of-way. No signs are to be allowed that are illuminated from within. Post signs may be downlit with no more than two spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Signs posted on structure may be lit with no more than one spotlight with wattage not to exceed 75 watts. All sign designs must be submitted as a part of the conditional use permit drawn. (8) A limited site plan approval is required to show the number and location of guest rooms, the parking plan, and the proposed design for the buffer. All site plans must be submitted on or along with a valid survey of the property. (9) Small special events are permitted not to exceed 20 guests upon completion of a special review to include standards and restrictions to hours of operation, and requirements with respect to lighting, parking, signage, and buffering so as not to unreasonably interfere with the residential uses of abutting properties. During a special event the total number of guests on the property shall not exceed 20 people, including all occupants of rental units and all non-occupants attending a special event. Regardless of intent to shuttle people to __ _ _ - ___ . A parking and/or shuttle plan for special events is required and may include off-site parking arranged by the owner, subject to approval under special review. Handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (10) A public hearing before the mayor and council is required. This permit is only valid as long as all conditions specified are met. Any permitted use must adhere to the approved standards, restrictions and parking plans and any other conditions imposed by the mayor and council. (B) Bed and breakfast inns (commercial). These land uses are subject to an approved site development plan as required for all commercial development under Section 5-080. 01/28%2014 ORDINANCE NO. 17-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA AMENDING SECTION 3-060, BED AND BREAKFAST REGULATIONS 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 3-060, bed and breakfast regulations, to clarify its content; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 Section 3-060, bed and breakfast regulations, shall be amended so that it will hereafter read as follows: Sec. 3-060. Bed and breakfast regulations. There are two types of bed and breakfast uses defined in this Land Development Code, a bed and breakfast and a bed and breakfast inn. A bed and breakfast is permitted in certain residential areas and intended to be residential in nature. Any slight diversion from the bed and breakfast parameters will change a residential use to a commercial use. A bed and breakfast inn is intended for commercial districts only. Therefore, there can be no variance from the regulations specific to a bed and breakfast. Such a variance will alter the use of the property and thus require a change in the zoning district. The regulations that list requirements for both types of bed and breakfast uses are as follows: (A) Bed and breakfast(residential). (1) Limited to no more than seven rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. (2) The owner is required to live on premises and agree to make available proof of residency. (3) Food service limited to breakfast for guests only and to be served between the hours of 5:00 a.m. to 12:00 noon and an afternoon snack. (4) Under no circumstances will an alcoholic beverage license be issued. (5) No less than one vehicle parking space per rental unit, and a minimum of two vehicle parking spaces for the owner are required on the property. Handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (6) A buffer is required with a minimum height of six feet within each of the side and rear yard setbacks. (7) One on-premises sign, not to exceed 12 square feet, may either be posted on the structure or on a post. A post sign may not exceed a height of six feet from the highest point of the sign. A post sign is to be located no nearer than ten feet of the right-of-way. No signs are to be allowed that are illuminated from within. Post signs may be downlit with no more than two spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Signs posted on structure may be lit with no more than one spotlight with wattage not to exceed 75 watts. All sign designs must be submitted as a part of the conditional use permit drawn. (B) A limited site plan approval is required to show the number and location of guest rooms, the parking plan, and the proposed design for the buffer. All site plans must be submitted on or along with a valid survey of the property. (9) Small special events are permitted not to exceed 20 guests upon completion of a special review to include standards and restrictions to hours of operation, and requirements with respect to lighting, parking, signage, and buffering so as not to unreasonably interfere with the residential uses of abutting properties. During a special event the total number of guests on the property shall not exceed 20 people, including all occupants of rental units and all non-occupants attending a special event. A parking and/or shuttle plan for special events is required and may include off-site parking arranged by the owner, subject to approval under special review. Handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (10) A public hearing before the mayor and council is required. This permit is only valid as long as all conditions specified are met. Any permitted use must adhere to the approved standards, restrictions and parking plans and any other conditions imposed by the mayor and council. (B) Bed and breakfast inns (commercial). These land uses are subject to an approved site development plan as required for all commercial development under Section 5-080. 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/17-2014 Sec 3-060 bed and breakfast regulations 01.31.14