HomeMy Public PortalAbout130_052_22A-2014A Sec 3-090 -rev by EMH - redlined - 02.19.14 ORDINANCE NO.22A-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 those 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 by variance 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 may be adjusted by variance 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: Formatted:Indent:Left: 0",Space After: 10
pt
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
Tybec/Ordinances/22A 201'l Sec 3-090-redlined 02.19.1'l
Tybee/Ordinances/22A-2014 Sec 3-090—rev by EMH—redlined—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.