HomeMy Public PortalAbout130_055_24-2014 Sec 5-090 - 02.19.14 ORDINANCE NO. 24-2014
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. 5-090, VARIANCES, 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 5-090, Variance, subsection(B), Height variances, is hereby amended so as to
hereafter provide as follows:
(B) Height variances. A variance for a structure to exceed 35 feet above its average
adjacent grade as established pre-construction and pre-fill shall be subject to the requirements
identified above in subsection(A). When considering a request for a height variance, the mayor
and council may consider safeguards and/or conditions in granting the variance including the
installation of sprinkler systems, smoke detectors and fire protection equipment deemed
necessary and appropriate, as well as setback adjustments as determined appropriate by the
mayor and council.
(1) As provided in Sec. 3-090, the permissible height of a structure above
average adjacent grade may be administratively adjusted so as to permit an existing structure to
be elevated for flood insurance premium or regulatory purposes but such elevation shall be
limited to the amount of elevation required for the structure to achieve the most advantageous
treatment for flood insurance premium purposes but not to exceed 3 additional feet under any
circumstances. A structure elevated under this procedure is not to be considered non-conforming
solely because its height exceeds 35 feet by the amount in excess thereof which has been created
by elevating the structure in order to comply with ordinances, FEMA regulations and/or flood
insurance premium purposes.
(2) If the staff of the Building and Zoning Department finds that the request
needs or should have additional review for any reason, it may request review by the Planning
Commission and, if the request is approved or rejected by the Planning Commission, then the
Planning Commission's determination shall control. For purposes of this section, a public
hearing before the Planning Commission shall not be necessary. If the staff of the Building and
Zoning Department declines an applicant's request, the applicant may apply for the granting of a
variance which will follow the procedures applicable to variances in general specifically, those
procedures described in Sec. 3-090, as well as the public hearing requirements referred to in Sec.
5-060 and reviewed under the standard of Sec. 5-090(A) above. In the event the staff request
reviewed by the Planning Commission and the Planning Commission rejects the request, the
applicant may apply for the granting of a variance and follow the procedure applicable to such a
request before mayor and council.
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/24-2014 Sec 5-090—02.19.14