HomeMy Public PortalAbout12A-2014 ORDINANCE NO. 12-2014-A
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
REGARDING SECTION 3-160(C)(1) and(2),
BASIC REQUIREMENTS AND SPECIAL REVIEW,
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 adopt ordinances under its police, zoning,
and home rule powers, and
WHEREAS, the governing authority desires to amend Sec. 3-160(C)(1) and (2) of the
Code in order to clarify said subsections and for other purposes;
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of
Tybee Island that Section 3-160(1) and (2), Basic Requirements and Special Review, of the Code
of Ordinances of the City of Tybee Island shall be amended for purposes of clarification.
SECTION 1
Section 3-160(C)(1)and(2)will be amended to hereafter read as follows:
Sec.3-160.Protective screening of adjacent property where commercial use and residential use
abut.
(C) A change in the kind,character or degree of use of improved property is
proposed,and there is no existing buffer in place on the property that is to be improved or
any existing buffer on such property would not meet the requirements below,the owner or
applicant shall be required to seek special review unless a buffer satisfying the following
requirements is met:
(1) Basic requirements.
a. An arboreal landscaped buffer not less than five feet wide with a
well maintained masonry wall or privacy fence no less than eight feet in height
above grade shall be provided and properly maintained along its entire length by
the users of the property to be built upon or expanded. Such buffer shall be
planted with deciduous trees, evergreens, flowering trees, ornamental trees, or
any combination of the same not set further than ten feet apart at any given point
along the buffer. The buffer shall be measured from the property line of the
property to be improved. A street, sidewalk or other like improvement may be
permissible as a buffer under subsections(2)and(3)below. In no instance will a
dumpster or mechanical unit be permitted in a buffer.
b. The area beneath and between the planted trees shall be kept free
of foreign debris and unmanaged undergrowth. All landscaping shall be
maintained in a healthy growing condition, neat and orderly in appearance.
c. All planting plans shall be first submitted to the city zoning
department during the review process for approval of the planting materials and
arrangement thereof in accordance with the provisions of this Land Development
Code.
(2) Special review. In any case of any plans or proposed plans which do not
meet the requirements of subsection section(1)hereof, council may treat the proposed
plan as requesting special review which shall be required in connection therewith. The
mayor and council may impose conditions or buffers designed to protect the properties
including adding or reducing buffer requirements, restricting or expanding uses within the
buffer area, additional or reduced fencing,vegetation and/or any other restrictions or
conditions reasonably designed to protect the abutting property as well as the property
sought to be improved.
(3) For the special review referred to above, such review shall be combined
with the site plan application filed with any proposed application for site plan review in
connection with improvements, changes, or additions to any commercial use to abut a
residential use. No separate public hearing shall be required for the special review nor any
additional filing fee required of the applicant. It is the intention hereof that council
conduct special review of the landscaping application if it differs from those conditions
specified by Sec.3-160(C)(1) in every case in connection with the site plan application.
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 ordi, ance.
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 THIS27 DAY O , 013.
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ATTEST:
ERK OF COUNCIL
FIRST READING: a/l 3 '�C
SECOND READING: t=-147 7/
ENACTED: o9A-1/
Tybee/Ordinances/2013/39-2013 Sec 3-160-basic requirements,special review- 11.18.13 -clean
Tybee/Ordinances/2014/12-2014 Sec 3-160-basic requirements,special review-renumbered 01.06.14
Tybee/Ordinances/2014/12-2014-A Sec 3-160-basic requirements-redlined-02.14.14