HomeMy Public PortalAbout50-2014 ORDINANCE NO. 50-A-2014
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
TO AMEND SECTION 4-050(E), (F)AND(0), ZONING DISTRICTS,
FOR THE CITY OF TYBEE ISLAND, GEORGIA,
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 amend the Code pertaining to zoning
districts; and
WHEREAS, the City of Tybee Island desires to amend Section 4-050, zoning districts,
subsections(E), (F)and (0)to clarify same; and
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the Code of Ordinances as to Section 4-050(E), (F) and (0) is hereby amended so as
to clarify same, so that the Code shall be amended as hereinafter provided.
SECTION 1
Section 4-050(E),(F) and (0)is hereby amended and it shall hereafter read as follows:
Section 4-050. Zoning districts.
(E) C-1 beach business district.The purpose and intent of commercial districts is to provide
central locations for city business and services to meet the market needs of the city's
residents and visitors.The focus of the C-i beach business land use district is to provide for
commercial and residential land uses that support and complement recreational use of the
beach and general tourism of the island.The land uses permitted in this district provide for
a substantial amount of the island's employment base. The amount of C-1 acreage is
directly proportional to the city's economic activity.These land uses are designed to
harness economic activity of the daytime visitor as well as residents and overnight visitors.
Multi-family uses are not permissible in the following areas included within the C-1 beach
business district:
(i) On the lots abutting Butler Avenue on the east and west sides thereof, from 14th
Street, commencing at its southernmost intersection with Butler Avenue, to Izlar
Avenue at its southernmost intersection with Butler Avenue;
(ii) On lots abutting Tybrisa Street on the north and south sides from Butler Avenue
to Strand Street; and
(iii) On lots on Strand Street abutting that street on the western boundary thereof
from 14th Street beginning at its northernmost intersecting point with Strand
Street to 17th Street at its northernmost intersecting point with Strand Street.
Notwithstanding the foregoing,multi-family residential uses shall be
permissible on floors above the first or ground floor of business establishments
located in such areas.
(1) Uses permitted by right after site plan approval. In a C-1 beach business district, land
may be used and buildings or structures may be erected or used for the land uses
listed below after a site plan has been submitted to the zoning administrator,the
planning commission has reviewed the site plan and made comments, and the mayor
and council has granted site plan approval at a scheduled meeting.
a. Apartments,condominiums, townhouses,guest cottages, hotels,motels, time
shares, tourist homes,bed and breakfast inns; plus single-family, two-family,
three-family, and four-family dwellings;
b. Apothecary shops;
c. Gift shops;
d. Barbershops,beauty shops;
e. Finance, investment and insurance offices;
f. Florist shops;
g. Restaurants, concession stands;
h. Commercial amusements,including amusement parks and other commercial
games and sports;
i. Retail stores; and
j. Public structures.
(2) Uses permitted after special review and site plan approval. In a C-1 beach business
district, land may be used and buildings or structures may be erected or used for the
land uses listed below after a site plan has been submitted to the zoning administrator,
a hearing has been held by the planning commission,and the mayor and council has
granted approval at a scheduled meeting.At these public meetings, the proposed land
is reviewed under criteria for both site plan approval and special approval.
a. Lounges and package shops, for the retail sale of malt and alcoholic beverages.
b. Dwellings or structures rented for special events. For all uses in a dwelling or
structure to be rented for special events as defined herein, special approval and
review shall include consideration of all relevant factors including but not
limited to the availability of parking or an appropriate parking plan, the hours of
operation and any limitations to be placed thereon,the capacity of the dwelling
or structure in terms of occupancy, compliance with applicable noise limitations
with the express authority of the mayor and council to impose stricter
requirements than would otherwise be permissible for the impacted zoning
districts; the use of live entertainment or amplified sound equipment subject to
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limitations to be placed thereon; and approval by the planning and zoning
department; the methods of lighting signage and buffering as necessary to
provide reasonable protection to nearby property owners.
Each such authorized structure shall be subject to an established occupancy as
determined by the fire marshal and events that are likely to result in an
occupancy greater than that permitted shall require an additional application to
the city with adequate information for staff to assess the additional impact from
the anticipated occupancy including all of the factors listed herein and to permit
staff to grant a permit for such event with additional conditions.For events that
contemplate the use of premises outdoors,the occupancy shall be based upon a
calculation of one person per 15 square feet of usable exterior space.
As used herein the term "dwellings or structures rented for special events"
means a facility used or available for hire for festivities, parties, receptions,
weddings, ceremonies and similar activities or occasions conducted on the
property.
A "parking plan" as used herein may include off-site parking arranged by the
applicant or owner subject to the approval of the planning and zoning
department;parking must accommodate one place per four persons as
determined by occupancy as specified herein.
Any permitted use must adhere to the approved standards, restrictions,plans and
conditions imposed by the mayor and council and/or the planning and zoning
department.
(3) Notwithstanding any approved site plan or any other ordinance to the contrary, the
city has adopted a policy pertaining to special use of designated off-street parking
areas in C-1 beach business district so as to allow a commercial business to use its
private off-street parking area for an outdoor event when all of the conditions are met
under the policy.The policy is on file with the clerk of council and with the zoning
department. The policy may be changed from time to time by the mayor and council
in accordance with this code.
Neither a site plan nor special approval is required on internal changes to existing
structures unless it causes or requires external changes to meet the requirements of this
Land Development Code.
(F) C-2 highway business district. The purpose and intent of commercial districts is to provide
central locations for city business and services to meet the market needs of the city's
residents and visitors. The focus of the C-2 highway business land use district is to provide
for commercial land uses that support and complement the motorized consumer. C-2
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districts are intended for location along arterial streets where the negative impacts of traffic
congestion,noise, intrusions into residential neighborhoods will be minimized.
(1) Uses permitted by right after site plan approval. In a C-2 business district,land may
be used and buildings or structures may be erected, altered or used only for the
following purposes once the required site plan has been reviewed by the planning
commission and approved by the mayor and council:
a. Service stations;
b. Restaurants, including drive-in restaurants;
c. Gift shops (goods sold within an enclosed building);
d. Motels;
e. Grocery stores;
f. Tourist homes and bed and breakfast inns;
g. Parks,playgrounds and recreation facilities under the supervision of the city;
h. Professional and business offices;
i. Retail stores;
j. Marinas; and
k. Seafood warehouses, retail and wholesale sales.
(2) Uses permitted after special review and site plan approval. In a C-2 highway
business district,land may be used and buildings or structures may be erected or used
for the land uses listed below after a site plan has been submitted to the zoning
administrator, a hearing has been held by the planning commission,and the mayor
and council has granted approval at a scheduled meeting. At these public meetings,
the proposed land is reviewed under criteria for both site plan approval and special
approval.
a. Lounges and package shops for the retail sale of malt and alcoholic beverages.
b. Dwellings or structures rented for special events. For all uses in a dwelling or
structure to be rented for special events as defined herein,special approval and
review shall include consideration of all relevant factors including but not
limited to the availability of parking or an appropriate parking plan, the hours of
operation and any limitations to be placed thereon, the capacity of the dwelling
or structure in terms of occupancy, compliance with applicable noise limitations
with the express authority of the mayor and council to impose stricter
requirements than would otherwise be permissible for the impacted zoning
districts; the use of live entertainment or amplified sound equipment subject to
limitations to be placed thereon; and approval by the planning and zoning; the
methods of lighting signage and buffering as necessary to provide reasonable
protection to nearby property owners.
Each such authorized structure shall be subject to an established occupancy as
determined by the fire marshal and events that are likely to result in an
occupancy greater than that permitted shall require an additional application to
the city with adequate information for staff to assess the additional impact from
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the anticipated occupancy including all of the factors listed herein and to permit
staff to grant a permit for such event with additional conditions. For events that
contemplate the use of premises outdoors, the occupancy shall be based upon a
calculation of one person per 15 square feet of usable exterior space.
As used herein the term "dwellings or structures rented for special events"
means a facility used or available for hire for festivities,parties, receptions,
weddings,ceremonies and similar activities or occasions conducted on the
property.
A "parking plan" as used herein may include off-site parking arranged by the
applicant or owner subject to the approval of the planning and zoning
department . Parking must accommodate one place per four persons as
determined by occupancy as specified herein.
Any permitted use must adhere to the approved standards,restrictions, plans and
conditions imposed by the mayor and council and/or the planning and zoning
department.
c. Miniature golf courses.
(3) Notwithstanding any approved site plan or any other ordinance to the contrary, the
city has adopted a policy pertaining to special use of designated off-street parking
areas in C-2 highway business district so as to allow a commercial business to use its
private off-street parking area for an outdoor event when all of the conditions are met
under the policy.The policy is on file with the clerk of council and with the zoning
department.The policy may be changed from time to time by the mayor and council
in accordance with this code.
Neither a site plan nor special approval is required on internal changes to existing
structures unless it causes or requires external changes to meet the requirements of this
Land Development Code.
(0) South End business overlay district. All commercial and multi-family residential uses are
permissible subject to site plan approval, or special review and site plan approval, as is
required by the particular zoning classification of the property. In this district, the site
plans established herein shall prevail over any setbacks in any other part of the Code,
specifically including section 3-090 regardless of the use of the property. Mixed uses of the
property are permissible. Site plan approval and special review is required for new
construction and redevelopment of existing sites. New construction and when a project
includes the redevelopment of a parcel, a development agreement with the owner/developer
and the city specifying the site plan, location of utilities, improvements, setbacks, driveway
locations and dimensions and lot coverage may be required.
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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.
YO
ATTEST:
.ERK OF COUNCIL
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FIRST READING: a li'f 1`
SECOND READING: qa18/14-
ENACTED: fi14
Tybee/Ordinances/2014/50-A-2014 Sec 4-050 zoning districts 08.21.14
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