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HomeMy Public PortalAbout130_050_22-2014 Sec 3-090 - chngd by EMH - 02.19.14 ORDINANCE NO. 22-2014 AN ORDINANCE TO AMEND THE CODE OF THE CITY OF TYBEE ISLAND SO AS TO MAKE REVISIONS THERETO PERTAINING TO THE HEIGHT OF STRUCTURES IN ORDER TO ACCOMMODATE FLOOD MAP AND PREMIUM RATE CHANGES RESULTING FROM THE BIGGERT-WATERS ACT, TO AMEND SEC. 3-090, SCHEDULE OF DEVELOPMENT REGULATIONS AND FOR OTHER PURPOSES 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, recent changes have occurred in federal legislation regarding the Flood Insurance Rate Map (FIRM) and the treatment of existing properties that do not comply with current FEMA regulations, certain of such changes being contained in the Biggert-Waters Act; and WHEREAS, flood insurance policies are reflecting an overall increase in premiums impacting residents of the City and some of such increases are so high as to be cost prohibitive and impact property values and the tax base; and WHEREAS, the community can participate in revisions to its Code and enforcement programs, as well as other programs, so as to lessen the impact on property owners and occupants of recent changes in federal legislation including the Community Rating System of the Flood Insurance Program; NOW, THEREFORE, it is hereby ordained by the Mayor and Council of the City of Tybee Island, duly assembled,that the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Section 3-090,providing for a schedule of development regulations, is to be amended as follows: To add an asterisk at the height of structure column and a note to read: * The maximum height of 35 feet as stated above is subject to adjustments pursuant to the provisions of Sec. 5-090(B). Where a structure in existence as of March 30, 2014 is to be elevated for purposes of complying with ordinances and/or FEMA regulations or flood insurance rating requirements and standards, the maximum height shall be adjusted in order to accommodate that increase. A structure which is elevated under those terms and conditions is not to be considered non-conforming solely because its height exceeds 35 feet by the amount of excess existing in order to comply with the ordinances, FEMA rating guidelines or regulations. Such is also not to be considered a variance but rather is an administrative adjustment. 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/22-2014—02.19.14 Tybee Ordinances/22-2014—Sec 3-090—rev by EMH—02.19.14 I will have to add some language from what I had dictated with respect to height to the side yards and give me a note that we will need to adjust for the front yard setback 200 foot rule or any other setback subject to averaging so as to permit that also. I'm probably going to end up splitting this into two separate amendments, 5-090 and 3-090 but let me see what that looks like and I'll take another stab at it.