HomeMy Public PortalAbout18-2014 ORDINANCE NO. 18-2014
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
REGARDING ARTICLE 3,GENERAL PROVISIONS,
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 Article 3, General Provisions;
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of
Tybee Island that Article 3, General Provisions, of the Code of Ordinances of the City of Tybee
Island shall be amended for purposes of clarification.
SECTION 1
Article 3, General Provisions,will be amended to hereafter read as follows:
ARTICLE 3. GENERAL PROVISIONS
Sec.3-020. Continuance of nonconforming uses/structures.
Sec. 3-033. Reduction in lot area.
Sec.3-040. Substandard lots of record.
Sec.3-090.Schedule of development regulations,
Sec.3-110.Single-family residential standards/manufactured home standards/recreational vehicle
standards.
Sec. 3-12C. Access to public street required.
Sec.3-130. Structures to be moved.
Sec.3-140. Unsafe structures.
Sec.3-150. Prohibited uses in residential districts.
Sec. 3-155. Greenspace.
Sec.3-170. Home occupations and home business offices.
Sec.3-190. Swimming pool requirements and placement.
. 23O. Turtle, a Protection.
Sec. 3-240.Wetlands protection.
Sec.3-020.continuance of nonconforming uses/structures.
(A) Any structure or use existing at the time of the enactment of the ordinance, March 24, 7971, from
which this Land Development Code is derived or an amendment to this Land Development Code,
although that structure or use does not conform to the provisions hereof, may be continued as a
nonconforming use or structure and structural repairs may be made to any such nonconforming
structure, provided however, no such nonconforming use or structure shall in any way be expanded
or extended and all work meets all applicable building, state, and federal, regulations including those
set forth by FEMA. Whenever a nonconforming structure or use of structure becomes vacant or
remains unoccupied owing to abandonment or discontinuance for a period of six months, such
structure or use shall thereafter be made to conform to the provisions of this Land Development
Code. Any nonconforming structure or use which is damaged by fire, flood, hurricane, explosion,
earthquake, war, riot, or any act of God, may be restored, reconstructed and continued as the same
nonconforming use and structure as existed before such damage, provided however, that a building
permit to initiate restoration must be obtained within six months of the occurrence of damage, and if
no such permit is obtained then only a conforming use or structure will be allowed upon the property.
Provided further, however, that the mayor and council may grant an extension of this six-month
period in their discretion.
(B) (1) A nonconforming residentially used structure which is only nonconforming as a result of a
setback encroachment on some portion of the property, may be expanded and enlarged beyond
its ground footprint without a variance as long as no further encroachments into any setbacks
are to be created and so long as all other provisions of the ordinances are complied with, such
as all applicable building,state and federal regulations including those set forth by FEMA and all
green space requirements are met.
(2) Any residentially used nonconforming structure may be demolished and rebuilt only if the -ebuilt
structure will be contained within the same nonconforming ground footprint as existed before
demolition; such new structure will maintain the historic character and substance of the pre-
existing structure;and the new structure will not exceed the square footage of the prior structure
by more than 50 percent.
(C) A nonconforming commercially used structure in a residential zone may not be extended or
expanded physically and the nonconforming use may not be expanded or increased. No variance
may be granted to the terms of this subsection.
(Ord. Correction to da:es.amended 4-14-2005;Ord. No.2005-04, amended 4-14-2045:Ord. No. 10-
2011, 4-14-2011)
Sec.3-030.Reduction in lot area.
No lot shall be reduced in area so as to result in less than the minimum lot area required under this
Land Development Code; however, lots may be reduced in area upon approval of mayor and council
provided:
(A) That the lot or lots as reduced will be consistent with the existing density and development pattern.
(B) That the lot or lots as reduced permits and maintains, without any variance, the required front, side,
and rear yard setbacks.
(C) That the lot or lots as reduced is/are,or will be,connected to city water and sewer.
C- Ccrrec r }° 1 tes. amended 4-14-2005; C Y.
Sec.3-040.Substandard rots of record.
Any lot of record existing at the time of the adoption of the ordinance from which this section is
derived, March 24,1971, which has a lot area which is less than that required by this Land Development
Code shall be subject to the following:
(A) No substandard lot may be developed unless it is to be served by public water and sewer and
all minimum front,side,and rear yard setbacks as required by this Land Development Code are
met or a variance is granted pursuant to Section 5-090
(B) A single lot which has an area less than that required by these regulations may only be
developed as a building site for a single-family dwelling.
(Ord. No.2002-26, 12-12-2002; Ord. Correction to dates,amended 4-14-2005;Ord. No.2002-26
Substandard lots of records,amended 2-5-2003; Ord. No.01-20111, 1-13-2011)
Sec.3-090.Schedule of development regulations.
A. Schedule of residential district dimensional requirements.
Zoning Minimum Lot Area(square feet) - Minimum Yard -
District Setback Structure
istan ce(feet) Height
(feet)
Single- Two-Family Multi Family Front Rear Side —
Family
R-1 12,000 Not Not permitted 20 20 10 35
permitted
R-1-3 6,600 Not Not permitted 20 10 10 ,35
permitted
R-2 4,500 6,750 iVot permitted 20 10 10 35
RT 7,000 8,000 !8,000 buildable to 80%of the 20 20 10 35
property exclusive of the setbacks
(1) In any residential district (R-1, R-1-B, R-2 and RT) where the average front setback distance for
existing buildings on all lots located wholly or partly within 200 feet to each side of any Iot, and
within the same zoning district and fronting on the same side of the same street and on the
same block as such lot, is less than the minimum setback required in such zoning district, the
front setback on such lot may be less than the required setback but not less than the existing
average setback distance for all lots within 200 feet to each side, provided that in no case shall
the front setback on new construction be less than ten feet. When lots within 200 feet on each
side are vacant such vacant lots shall be considered as having the minimum required setback
for the purpose of computing an average setback distance. When existing structures on lots
within 200 feet on each side exceed minimum front setback required in such zoning district,the
required setback shall be used for the purpose of computing an average setback distance.
See illustration and table for visual clarification.
A 3'
A 18'
B 20'
..._—A--_ B 20'
200' 200' C 16`
60' 90' 60' 60' 60' 60' 60' C 16'
--_,�–.. _.r ----7__– --7 .– E 14'
1 1 I seem E 16'
l f F 20'
a Vacant X F 20'
R-2 lot t I G N/A
1 I ■ i G N/A
1 '8 C 0 E F G ! 178+10=17.8'
front setback
allowed on Lot D
B. Schedule of other than residential. districts (commercial, maritime and transitional business-
residentiaQ dimensional requirements
"'Zone Minimum Lot Area`Front R Rear(feet)T— - – W� Side (feet) �� Maximum
(square feet) Yard Structure Height
(feet)
C- (Not applicable to 0 None required except None required except 35
1(A)""" allowed uses) 15 feet if bordering 15 feet if bordering
residential use. residential use.
C-1(B) (Not applicable to .8 6 5 35
allowed uses)
',C-1(C) 4,500 Single- '20 10 10 35
Family i
6,750 Two-Family
1,125 per unit
Multi-Family
C-2 (Not applicable to 10 6 6 35
commercial uses)
M-D (Not applicable to 20 10 10 35
allowed uses)
TBR 4,500 Single- 20 10 10 35 _.
Family
6,750 Two-Family
"When abutting public streets, any principal structure shall be located no nearer than five feet to that
lot line.
"Where a commercia establishment abuts a residential zoning, a suitable screen will be required.
See section 3-161 . This screen shall be either natural (planting) or manmade and shall be
maintained in good order and approved by the zoning administrator. Minimum height is s-x feet.
"C-f(A) Retail uses and food/beverage service ases.
C-1(B) Hotel and motel uses, with 80 percent maximum lot coverage.
C-1(C) Residential uses, including single-family, two-family, and multi-family (triplexes,
quadraplexes,townhomes,apartments,tourist homes,condominiums,timeshares,and similar uses),
bed and breakfast uses,and public structures.
C. Structures above 35 feet. If a variance is granted by the mayor and council for a building with a
height in excess of 35 feet, in ro event shall a building permit be granted without the following
restrictions:
(1) Structures greater than 35 feet in height shall be fully equipped with`ire safe guards consisting
of sprinkler systems, smoke detectors and any other fire protection measures deemed
necessary at the time by the mayor and council.
(2) Before a permit can be granted on said request, an affidavit of the builder and owner must be
executed agreeing to same to be completed within an agreed upon reasonable time.
(Ord.No, 1995, 12-7-1995; Ord. Na. 2002-6. 4-11-2002; Ord, No. 1 995-17, s2-7-1995;Ord. No.
2003-01, 1-9-2003;Ord. No. 1990-09,4-22-1999;Ord. No.2000-12, amended 2-11-2000; Ord.
Correction to dates,amended 4-14-2005;Ord. No.2002-01 iOY, amended 2-5-2003: Ord. No.
2002-06, amended 5-15-2002;3-090, amended 3-20-2001, RT-deleted in error and is re-instated by
Jackie Brown 3-20-2001:Ord, No.2000-12, amended 5-24-2000;Ord. No. 1999-,amended 12-17-
'1999; Manual. amended 11-10-1999;Manual, amended 10-20-1999, Corrected prior update errors;
Ord. No. 1999-09,amended 5-24-1999;Ord. of 1-26-2006(2); Ord. No. 14-2011, 4-14-2011;Ord.
No. 24-2013, § 1. 8-8-2013)
Sec.3-110.Single-family residential standards/manufactured home standards/recreational vehicle standards.
All single-family residences, whether site built or manufactured housing, must meet the following
standards:
(A) Structure and design standards.
(1) Corrugated metal or plastic panels are prohibited as roofing materials.
(2) The exterior wall shall be material similar to traditional site-built housing. These materials
may include clapboards, simulated clapboards such as conventional vinyl or metal siding
over a minimum covering of one-half inch exterior wood sheathing, wood shingles.shakes,
stucco, brick, brick veneer, concrete block, or similar materials, but shall not include
smooth, ribbed or corrugated metal or plastic panels.
(3) The minimum horizontal dimension of the unit as installed on the site shay be 24 feet.
(4) All structures must meet wind-loading requirements of federal emergency management
administrator and the SBCCi Codes.
(B) Manufactured home safety standards. For the purposes of public safety, all manufactured
homes or other such forms of modular or manufactured housing are subject to the following
requirements.
(1) Manufactured home stand requirement. Prior to the issuance of a manufactured home
relocation permit the owner of the parcel or lot for which the manufactured home is to be
placed must have an approved manufactured home stand. Such stand must have the
following:
a. Street access. Each manufactured home stand shall be provided with access frontage
to a width of at least 30 feet to a public or private street or road.
b. Electric power supply. Each manufactured home stand shall be provided with an
adequate, properly grounded,waterproofed electrical receptacle with a minimum rated
capacity of 100 amps.A properly sized over current device shall be :nstalled as a part
of each power outlet.
c. Sewage disposal. Each manufactured home stand shall be provided with the means
of disposing of kitchen, bath, and putrescible waste directly into a properly installed
and inspected septic tank system or an approved community sewerage collection
system.
d. Water service connection. Each manufactured home stand shall be provided with the
means of connecting and being serviced by municipal water service.
(2) Manufactured home development in flood hazard areas. Due to the danger of placing a
manufactured home in a flood hazard area,the following anchor requirements are required
if a manufactured home is placed on a lot which is located in or adjacent to a flood hazard
area as described by the Federal Emergency Management Association.
Length of Minimum Number of Vertical Minimum Number of
Manufactured Home(not including draw Ties Number of Required
bar) Diagonal Anchors per
Ties Home
0-40 feet 2 4 8
41-60 feet - - - --3 -- 6 _...__..12.
61--84 feet 4 8 15
This table is based on a minimum working load per tie of 3.150 pounds with a 50 percent
overload (4,725 pounds total).
a. Multiple-wide manufactured homes shall only be required to have diagonal ties and
anchors in accordance with the chart above unless the manufacturers installation
instructions require more.
b. Single section manufactured homes snail have diagonal and vertical ties and anchors
in accordance with the chart above unless manufacturer's instructions require more.
(3) All principal structures shall be placed on a permanent foundation. For the purposes of this
section, a permanent foundation shall mean a concrete slab, concrete footers, foundation
wall,pilings or post construction which complies with the city building code.
(4) Manufactured home siding, stairs,and foundation requirements:
a. All manufactured homes shall have siding materials consisting of wood, masonry,
concrete, stucco, masonite, or metal lap. The exterior siding material shall extend to
ground 'evel except that when a solid concrete or masonry perimeter foundation is
used,the siding material need not extend below the top of the foundation.
b. Skirting and/or siding must be in place within 45 days from the date the relocation
permit is issued.
c. Stairs and landings shall comply with section 112 -stairway construction of the state
building code and must adhere to the following:
(I) The height of the riser shall not exceed 73/4 inches, and treads, exclusive of
nosing shall not be less than nine inches wide.
(ii) Every tread less than ten inches wide shall have a nosing,or effective protection.
of approximately one inch over the level immediately below that tread.
(iii) The width of the landing shall not be less than the width of the sttairways they
serve.
(iv) Every landing shall have a minimum dimension measured in the direction of
travel equal to the width of the stairway. Such dimension need not exceed four
feet when the stair has a straight run.
(v) All stairways having treads located more than three risers above a floor or grade
shall be equipped with a handrail not less than 30 nor more than 34 inches above
the leading edge of the tread.
(vi) The minimum width of any stair serving as a means of egress shall be a
minimum of 36 inches.
(vii) If handicapped ramps are added they must be at least three feet wide and the
slope of the ramp shall not exceed one foot for every 12 feet.
(5) Foundation requirements on all manufactured homes are as follows:
a. Supports or piers shall not be more than two feet from the exterior end wail.
b. All grass and organic material shall be removed and the foundation must oe placed on
stable soil.
c. Crossover wires must be placed between the two halves.
d. All nails or staples shall be removed or sealed.
e. Reserved.
f. Dryer vents must be vented to the exterior of the manufactured home; not underneath.
g. In no case shall wheels,any undercarriage or transporter unit be left on any structure.
(6) Manufactured home additions and auxiliary structures. Any significant feature added to a
manufactured home that was not part of the manufacturers original design is considered to
be either an addition or an auxiliary structure.
a. All habitable spaces added to the manufactured home shall be constructed in
accordance with the National Manufactured Housing Construction and Safety
Standards Act or within the provisions of the state building codes.
b. Ail auxiliary structures (such as porches, decks, awnings, cabanas. stairs, etc., unless
provided and approved by the manufacturer) shall be entirely self-supporting, unless
designed and approved by a professional engineer or registered architect. All such
structures shall be constructed in accordance with the state building codes.
(C) Temporary use of recreational vehicles on private property for dwelling purposes. No
recreational vehicle shall be used for dwelling purposes on any lot in a residential district unless
a temporary permit is acquired. Such permit shall be valid for up to seven days and the lot is
only eligible for a permit three times per calendar year. Only one vehicle may be granted a
permit for a lot during the duration of the permit, The temporary permit may be obtained from
the zoning administrator during normal hours of operation at the city hall.There is no fee for this
permit. However, violation of this clause will be subject to the same enforcement as all other
regulations of this Land Development Code.
wrc. orrection to dates. =mer:ed 4-11-2005; Ord. No. Ord, No,2E-2011 5-9-2011
Sec.3.120.Access to pubrrc street required.
No structure shall be constructed or erected upon a lot, or parcel of land, which does not abut upon
an open public street or permanent easement of access to an open public street. Such easement shall
have a minimum width of 20 feet unless an easement of lesser width was of record prior to the adoption
of the ordinance from which this section is derived.
(Ord. Coreeee;r m,r6s, amended 4-14-2C,:75: Ord. No.226-20 i 1,7-23-i')
Sec.3-130,Structures to be mewed.
(A) Bdsting structure to be moved. Any structure which has been wholly or partially erected on any
premises located within the city shall not be moved to any other premises in the city until a permit for
such removal is secured from the building and zoning department. Any such building or structure
shai!r conform to ail provisions of this Land Development Code in the same manner as a new building
or structure. Structures that are determined to be historic and are contributing to the historic
character of the neighborhood or are eligible for listing on the National Register of Historic Places
may be exempt frorri having to come into compliance with current building codes as determined by
the State Historic Preservation office.
(B) Modular structures to be moved. No structure shall be moved into the city from outside the city until
such compliance has been shown and such permit has been secured. Before a permit may be
issued for moving a structure,the building official shall inspect the same and shall determine if it is in
compliance with all city and state regulations. In addition, all modular units wishing to be located
within the city limits must first provide to the community development office the appropriate state
certification for the construction of such a structure from the department of community affairs.
(Ord.Correction to dates,amended 4-14-2005;Ord. No. 36-2010, 11-"8-20101
Sec.3-140.Unsafe structures.
Nothing in this Land Development Code shall prevent the temporary strengthening to a safe
condition of any structure declared to be unsafe by the building official.
(Ord.Correction to dates.amended 4-14-2005; Ord. No. 37-2010, 11-18-2010)
Sec.3-150.Prohibited uses in residential districts.
Under no circumstances shall the following be permitted in any residential zoning district:
(A) The parking or storing of unoccupied house trailers or converted buses in excess of 24 feet
shall not be permitted.
(B) Commercial tractor trailers or rigs shall not be parked or stored on residentially zoned property
at any time with the exception of trailers used for supply and equipment storage of a properly
permitted construction site.
(C) It shall be a prohibited use in all residentially zoned districts to park or store power driven
construction equipment, used lumber or metal, or any other miscellaneous scrap or salvageable
material in quantity.
(Ord. Correc icn o c ,- a erred +-14-20 _ 'N,o. 09-20":1. 4-1l-
See.33-155.Greenspace.
In all zoning districts, 65 percent of the designated setback area of a lot shall remain in a vegetative
state.This greenspace requirement shall require that at least 65 percent of the required setback area for
a parcel remain in a natural vegetative state, and is not to be reduced by setback area averaging or
variances granted so that the square footage required is calculated without regard to the averaging or a
variance granted.
;Ord. ic. 1gg9-24. eee 2-121:2: C-7: No. 2.003-10, ? '. -._ _ L = .-
14-2005: Ord. Nc. 2-1.), Ef_. _-d. N . _.,a. 2:.
Sec.3-170.Home occupations and horns business offices.
Profit-making activities conducted in homes fail into two classes: home occupations and home
business offices.
(A) Home occupation. If permitted in a land use district, ft must comply with the following
requirements. it shall be allowed, provided that it:
(i) is carried on by a member(s)of the family residing in the dwelling unit only. One employee
who is not part of the family is permitted;
(2) Is conducted entirely within the principle structure;
(3) Utilizes not more than 25 percent of the total floor area of the principle structure;
(4) Produces no alteration or change in the character or exterior or change in the principle
structure from that of a dwelling;
(5) Involves no sale or offering for sale of any article not produced or assembled by members
of the family, or any service not entirely performed by members of the family, residing on
the premises;
(6) Creates no disturbing or offensive noise, vibration. smoke, dust, odor, heat, glare, traffic
hazard,unhealthy or unsightly condition;
(7) There shall be no sign or external indication of the business.
(B) Home business office. i¢ permitted in a land use district, it must comply with the following
requirements:
(1) There shall be no sign or external indication of the business office.
(2) No more than two vehicles and/or trailers used in the conduction of the business may be
parked at the home location.
(3) The office may occupy no more than 25 percent of the floor area of the principle structure.
(4) The office must be located in the principle structure.
(5) Only residents of the dwelling may engage in work at the office.
Correction to dates, amended 414-2005: Ord. No. 17-20 i 1.6-g-20'i;
Sec.3-190.Swimming pool requirement;and placement.
All swimming pools,spas,and saunas shall comply with the following requirements:
(A) Application for a permit to construct a swimming pool, spa, or sauna must be submitted to the
building official. The structural plans must be approved by the building official prior to the
issuance of a permit and the beginning of construction and/or excavation. A drainage plan
prepared by a registered professional engineer will be required unless the city staff determines
that due to the size, method of construction, location, or other characteristics of the proposed
swimming pool,spa,or sauna,a drainage plan is unnecessary under the circumstances.
(B) Swimming pools, spas, and saunas and supporting electrical and mechanical equipment may
be located in either the side or rear yard and shall be at least five feet from the property line.
(C) Swimming pool. spa, and sauna construction must meet all requirements of the codes adopted
by the City of Tybee island.
(D) Once a swimming pool,spa, or sauna and its accessories have passed a final inspection it shall
be a violation of this ordinance to remove or after any of the equipment that is required by: the
International Residential Code-Appendix G,the International Building Code- Section 3109, the
National Electrical Code, and the Georgia State Amendments. F ailure to maintain the safety
related and/or electrical equipment in good and working order shall constitute a violation of this
section.
(E) No swimming pools, spas, or saunas shag be placed across, on, or beneath any utility
easemenis nor shall any utility easement be granted which bisects a swimming pool, nor be
located within five feet of any marsh buffers as delineated by the Georgia Department of Natural
Resources.
(F) When a swimming pool, its deck, or other accessory to a swimming pool is proposed for
construction on a site that has already been improved, the swimming pool plans and permit
application will be reviewed by the city engineer.
(1) if there is an approved drainage plan for the site the city engineer will review the plans for
the swimming pool, deck and accessory structure to ensure that the proposed
improvements will not materially affect the drainage of the site. If they will materially affect
the drainage of the site the applicant will have to have a drainage plan prepared by a
design professional before a permit for the swimming pool, deck or accessory will be
issued.
(2) If the site was improved without a drainage plan, the city engineer will review the pool
plans and permit application to ensure that the swimming pool, deck or accessory structure
will not increase the amount of run-off leaving the site.
(G) Any permit for a swimming pool is required to contain a soil and erosion plan for the proposed
site prior to the issuance of a permit and commencement of any construction related activity.
(Ord.Correction to dates. amended 4-14-2005; 07d. No. 28-2010, 10-28-2010)
Sec.3-230.Turtle nesting protection.
The beaches of Tybee Island serve as a prime nesting site for sea turtles, an endangered species.
Coastal development threatens the survival of sea turtles because artificial lighting discourages nesting
females and causes disorientation of hatchlings during the nesting season, which runs from May 1
through October 31 each year. It is the intention of the city to offer protection to these endangered sea
turtles by providing standards for lighting in the shore protection area adjacent to the citys beaches. For
the purposes of this section,the protected nesting area shall be the sand beaches of Tybee Island.
(A) Exceptions. The following point sources of artificial light are exempt from the provisions of this
section:
(1) All lights necessary for the safe navigation of vessels utilizing the waters surrounding the
city;
(2) All lights necessary to mark obstructions to the safe use of airspace over, above and
around the city;
(3) All lights necessary for regulating the safe passage and movement of vehicular and
pedestrian traffic within the city;
(4) Any light that has been specifically designated by the fire and/or police commissioner(s) as
necessary for the security and safety of the human inhabitants of the city.
(B) New development. Building and electrical plans for new construction including parking lots,
dune crossovers, and all other outdoor lighting that can be seen from the beach shall comply as
follows:
(1) Floodlights shall be shielded and mounted so that no light illuminates the beach and the
point source of light is not visible from the beach.
(2) Poie lighting shall be shielded and mounted so that light is directed away from the seaward
side of the pole and the point source of light is not visible from the beach.
(3) Low profile luminaries shall be positioned so that no light shines directly onto the beach.
(4) Dune crossovers shall utilize low profile shielded lighting so that no light illuminates the
beach and the point source of the light is not visible from the beach.
(5) Lights i'luminating structures and grounds shall be shielded or screened so that they do not
`lluminate the beach and the point source of right is not visible from the beach,or they shall
be turned off from sunset to sunrise during the period of May 1 through October 31 of each
year.
(6) Temporary security lights at construction sites shall not be mounted higher than 15 feet
above ground and shall be positioned not to illuminate the beach.
(C) Existing development_ AU lighting shall come into compliance with the following standards:
(1) Lights illuminating structures and grounds shall be shielded or screened so that they do not
illuminate the beach and the point source of light is not visible from the beach, or they shall
be turned off from sunset to sunrise during the period of May 1 through October 31 of each
year.
(2) Lights illuminating crossovers shall be shielded or screened so that they do not illuminate
the beach and the point source of light is not visible from the beach, or they shall be turned
off during the period of May 1 through October 31 of each year.
(3) Security lighting shall' be shielded or screened so that the beach is not illuminated and the
point source of light is not visible from the beach, or low profile luminaries may be used.
(Q) Publicly owned lighting. Streetlights and lighting of publicly owned beach access areas must be
in compliance with the following:
(1) Streetlights shall be located, shielded or shaded so that they will not directly illuminate the
beach and the point source of light is not visible from the beach.
(2) Lights at parks or other public beach access points shall be shielded or shaded so that
they will not directly illuminate the beach and the point source of light is not visible from the
beach or, if not necessary for security or public safety, utilization may be discontinued
during the nesting season.
;Ord. Correction to dates. amended 4-14-2005; Ord. No.21-2011, 6-9-2011)
Sec.3244.wetlands protection.
U.S.. Army Corps of Engineers determination shall be required prior to the issuance of a permit for
any regulated activity within the wetland protection district. if the corps determines that wetlands are
present and that a Section 404 permit or letter of permission is required, no permit for the regulated
activity will be issued until the corps has issued the Section 404 permit or letter of permission. If the corps
determines that there are no wetlands present on the proposed development site, Tybee Island may
proceed with its normal permitting procedures.
(Ord.No. 2300-11.2-11-2000; Ord. No. C -', ,?— :•tor 4-14-2005; Ord, No. 20D0-11
Wetlands Protection,add 5-24-2000: Ord.No.
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 S
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED TH1 DAY Ol~ -c .,2014.
�.+4YOR
ATTEST:
CL K OF COUNCIL
FIRST READING: %.511'7L
SECOND READING: j2 j(I
ENACTED: 122:j (i•-i
Tybee/Oidinancesr2014/18-2014 An 3 general provisions—clean—01.31.14