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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 2 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 3 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 4 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. 5 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 6 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 7