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HomeMy Public PortalAbout34A-2014 ORDINANCE NO. 34-A-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO SEC. 6-080, DESIGN STANDARDS, TO PERMIT MURALS OF APPROPRIATE SCENES IN THE COMMERCIAL DISTRICTS OF THE CITY, TO ESTABLISH AN EFFECTIVE DATE,TO REPEAL INCONSISTENT ORDINANCES 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 City is working through its Main Street Program with the Main Street Design Committee to assist with guidelines for murals and scene depictions on commercial buildings,structures,fences,or walls; and WHEREAS, an enabling ordinance is appropriate; and WHEREAS, the City of Tybee Island desires to amend the ordinances including the sign ordinances of the City of Tybee Island so as to permit murals with depictions of appropriate scenes in the commercial districts of the City and to establish an effective date, to repeal inconsistent ordinances, and for other purposes; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Land Development Code for the City is hereby amended so as to add a new subsection to be designated as Section 6-080(K), Murals of appropriate scenes, which will provide as follows. SECTION 1 Section 6-080 is hereby amended to add a new subsection (K) thereto and it shall hereafter read as follows: Sec. 6-080. Design standards. (K) Murals of appropriate scenes. Commercial establishments located within the C-2 district,the Neighborhood Grocery Store district, and the South End Overlay district may produce and display murals with depictions of appropriate scenes on commercial buildings,structures, fences, or walls. . The use of such murals and scenes and their display is to be promoted and,in the absence of vulgar, obscene,or lewd displays, should presumptively be permissible. The standards of Section 6-070 are applicable. If illuminated, it shall be as required by Section 6-080(A). The murals must be hand-designed and must be painted by hand when installed. The applicant and/or the property owner may not receive compensation for the mural or scene. The Main Street Design Committee shall review requests and provide recommendation to the Main Street Board of Directors. Following review by the Main Street Board of Directors,all requests are subject to review and approval by the Planning and Zoning Department. A permit is required prior to installation. The permit fee is $75.00. 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. 2 ADOPTED THIS /1 DAY OF .1 2014. ��. OR ATTEST: CL RK OF COUNCIL FIRST READING: 1 0 A4 SECOND READING: ■ff ENACTED: -'/ 14 Tybee/Ordinances/2014/34-2014 Sec 6-080(K)murals 06.05.14 Tybee/Ordinances/2014/34-2014 Sec 6-080(K)murals—chgd by PC—06.24.14 Tybee/Ordinances/2014/34-A-2014 Sec 6-080(K)murals—chgd by council—07.11.14 3