HomeMy Public PortalAbout120_040_2nd Reading 17A-2014 3-060 B&B regulations MAYOR I CITY MANAGER
Jason Buelterman Diane Schleicher
CITY COUNCIL � _ VC; CITY CLERK
Wanda Doyle,Mayor Pro Temp y Janet LeViner
Barry Brown
Rob Callahan CITY ATTORNEY
Bill Garbett Edward M.Hughes
Monty Parks
Paul Wolff th
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ff _
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 27, 2014
Item: Public Hearing— Second 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: AI 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: First Reading was approved with changes February 13, 2014. The vote was 5-1.
Date given to Clerk of Council: February 20, 2014
* * *
P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified
(866) 786-4573—FAX(866) 786-5737 , City of
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www.cityoftybee.org ���j 4.L�
MAYOR if ` CITY MANAGER
Jason Buelterman .01.. Diane Schleicher
CITY COUNCIL � r ' CITY CLERK
Wanda Doyle,Mayor Pro Tem Janet LeViner
Barry Brown ,
Rob Callahan iai CITY ATTORNEY
Bill Garbett ! Edward M.Hughes
Monty Parks i
Paul Wolff ~ _
CITY OF TYBEE ISLAND
Description: Bed & Breakfast (Residential)
Ordinance: Section 3-060
Zoning Action Requested: Text Amendment — FIRST READING
Following any required Public Hearing, the Mayor and Council of the City decided on the 13TH day
of February, 2014, that the request for Text Amendment was APPROVED with changes.cP anning and Zoning Manager Date
Mayor Date
Clerk of Council Date
P.O. Box 2749 403 Butler Avenue,Tybee Island,Georgia 31328-2749
(912) 786-4573--FAX (912) 786-5737
www.cityaftybee.org
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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
McNau ton X
The Planning Commission recommends: Z Approval ❑ Denial ❑ Continued
Planning Commission c l air:.__ Date:
A - 2 2 1-1
Planning& Zoning Manager: , Date: —12-4
ORDINANCE NO. 17A-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.
(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
the property, additional parking spaces on the property for four vehicles are required for
special events. These four spaces are in addition to the off-street parking spaces required
by subsection (5) above. _- _ _ - e e-... • _ °_ _ _ -
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/2014117-2014 Sec 3-060 bed and breakfast regulations 01.31.14
Tybee/Ordinances/2014/17A-2014 Sec 3-060 bed and breakfast regulations—02.19.14
ORDINANCE NO. 17A-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.
(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
the property, additional parking spaces on the property for four vehicles are required for
special events. These four spaces are in addition to the off-street parking spaces required
by subsection (5) above. 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
Tybee/Ordinances/2014/17A-2014 Sec 3-060 bed and breakfast regulations—02.19.14