HomeMy Public PortalAbout130_053_23-2014 Sec 3-090 - setbacks - rev by EMH - 02.19.14 ORDINANCE NO. 23-2014
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF TYBEE ISLAND
SO AS TO MAKE REVISIONS DEALING WITH SETBACKS
IN ORDER TO ACCOMMODATE FLOOD MAP 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 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, Schedule of development regulations, is also amended so as to provide
and asterisk as regarding the Minimum Yard Setback Distance, as follows:
To add an asterisk at the "as to setbacks" column and a note to read:
* In the event a structure is elevated in order to comply with ordinances, FEMA regulations
and/or to achieve a reduction in flood insurance premiums and for purposes of access following
such elevation, encroachment into the previously-established setbacks is required, the required
setback may be reduced so as to accommodate stairs or elevators intruding into side or rear yard
setbacks,but only to the extent of the specific amount of encroachment required by the elevation.
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/23-2014 Sec 3-090 setbacks—02.19.14