HomeMy Public PortalAbout120_010_Ord 54-2014, First Reading electric meters MAYOR MANAGER
Jason Buelterman 713-7- 5-(tlq
Diane Schleicher
CITY COUNCIL i CITY CLERK
Wanda Doyle,Mayor Pro Tern Janet LeViner
Barry Brown
Rob Callahan f 4t.y CITY ATTORNEY
Bill Garbett f Edward M.Hughes
Monty Parks u ,*$.
Paul Wolff TFV onto*$
CITY OF TYBEE ISLAND
City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by
4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the
deadline, the item will be listed on the next scheduled agenda.
Council Meeting Date for Request: October 9, 2014
Item: Public Hearing First Reading
Explanation: Text Amendment—Ord. 54-2014. Section 3-070, Permissible Structures per Lot; Accessory
Structures. City of Tybee Island, petitioner; consideration of electrical meter standards
Budget Line Item Number (if applicable): N/A
Paper Work: Attached*
Audio/Video Presentation**
Electronic submissions are requested but not required. Please email to
jleviner @cityoftybee.org.
** Audio/video presentations must be submitted to the IT department at City Hall
by 4:00PM on the Thursday prior to the scheduled meeting.
Submitted by: Dianne Otto
Phone I Email: (912) 472-5031 / dotto@cityoftybee.org
Comments:
Date given to Clerk of Council: September 26, 2014
* * *
P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified*
(866) 786-4573—FAX (866) 786-5737 , City of ,
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PLANNING COMMISSION
NOTICE OF DETERMINATION
Meeting date: September 16, 2014
Project Name/Description: Section 3-070-electrical meters
Action Requested: Text Amendment
Special Review Subdivision:
Site Plan Approval Sketch Plan Approval Conceptual
Variance Preliminary Plan Approval
Map Amendment Final Plat Approval
Text Amendment X Minor Subdivision Major Subdivision
Petitioner has met all documentation requirements, all external approval requirements, and all
code requirements, except for the following: not applicable
COMMISSIONER FOR AGAINST COMMENTS
Bishop X
Bossick X
Bramble X
Livingston X
Major X second
Marion Chair
Bishop X motion to approve with addition of language to
exempt meters for solar power generation
The Planning Commission recommends: ppro al n Denial ❑ Continued
Planning Commission Chair: Date: Z-i V
Planning& Zoning Manager: . /.M Date: DC?- t '1 -loig-1-
Sec. 3-070. Permissible structures per lot; accessory structures.
(A) Principle structure on a lot. Only one principle structure and its customary accessory structure are
permissible per lot. Single-family residential lots shall be limited to one electrical meter. The one
electrical meter standard shall not apply to solar power. Notwithstanding anything herein to the
contrary, in C-I zoning districts, the property owner may petition the mayor and council for permission
to allow an additional principle use structure per lot, provided the following conditions are met:
(1) The property is one lot of 4,200 square feet or larger;
(2) The proposed use of the additional structure is permitted in the C-1 zone and is compatible with
the existing or proposed principle structure use;
(3) The proposed use of the additional structure will further the needs of the owners or residents of
the principle structure of the general population;
(4) All other requirements of the Land Development Code are met, including but not limited to,
setback, greenspace, drainage, height limits, etc.; and
(5) The permitted additional structure must be restricted to the use approved by the mayor and
council and may not be changed without approval by the mayor and council.
(B) Detached accessory structures on commercial lots. A detached accessory structure in a commercial
district is exempted from the schedule of regulations in section 3-090, but shall conform to the
following regulations:
(1) No detached accessory structure shall extend beyond the front building line of the principle
structure except tents, umbrellas and enclosures.
(2) No detached accessory structure shall be more than one story in height.
(3) No detached accessory structure shall be located nearer than five feet to any lot line.
(4) No detached accessory structure will reduce the amount of parking required for commercial
sites as required in section 3-080
(5) No detached accessory structure will materially affect an approved drainage plan on an already
improved site or increase the amount of run-off leaving the site in the event the site was
improved without an approved drainage plan. Existing drainage for the principal structure will
not be reviewed or required to be changed unless the approved drainage plan is not being
followed.
(6) No detached accessory structure shall be erected or installed without the proper approval from
the designated city department.
(7) Temporary enclosures. Temporary enclosures are permitted in commercial areas only. This
includes any moveable, tent-like shelter intended to provide or actually providing protection from
the elements for stored materials, vehicles, or other items, for which a building permit is not
required and which a maximum size is 120 square feet. This would include temporary garages
of tent-like construction, as well as tarpaulins of plastic or similar type materials supported by
wooden or metal frameworks. Such temporary enclosures are to be considered structures under
this section and, as such, are governed by the same setback requirements as other structures
under this Land Development Code. Tents set up for special occasions, screenhouses, and
other such seasonal, recreational enclosures are specifically exempted from this section unless
they are used for storage as stated above after written approval from the designated City
Department prior to placement. However, if this temporary enclosure becomes permanently
anchored, it will be treated as a permanent structure and subject to all permitting requirements.
(8) No temporary detached structure will be allowed on the residential use side(s) of a commercial
lot where commercial and residential uses are adjacent.
1 09/25/2014
(C) Location of detached accessory structures on residential lots. A detached accessory structure in
either a residential district or on any lot containing a principle structure whose first floor is used for
residential purposes is exempted from the schedule of regulations in section 3-090, but shall conform
to the following regulations:
(1) No detached structure except a carport shall extend beyond the front building line of the
principle structure.
(2) No detached accessory structure shall be more than one story in height.
(3) No detached accessory structure shall be located nearer than five feet to any lot line. A
caretaker's cottage or guest cottage must meet the same front, side and rear setback
requirements as required for a principle structure.
(D) Location of attached accessory structures on residential lots. An attached accessory structure in
either a residential district or on any lot containing a principle structure, the ground floor of which is
used for residential purposes, shall be considered as an integral part of the principle structure and
shall be constructed, altered or otherwise be developed in accordance with the regulations governing
Flood Damage Prevention (Article 8) and side yard, rear yard and front yard setbacks for principle
structures in the district.
(E) Kiosks. A kiosk is considered a permanent structure for interpretation of the Land Development Code
and ordinances of the city. A kiosk may be a principle structure or an accessory structure depending
upon the circumstances existing on the property. A kiosk that is intended to operate as an
independent business not associated with a principle structure or use shall require site plan
approval.
(F) Principle structures in the Maritime-District. Within the Maritime-District (M-D) more than one (1)
principle structure shall be allowed for permitted uses with site plan approval and special review by
the mayor and council.
(Ord. No. 2002-11, 6-13-2002; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-11
Accessory, amended 8-29-2002; Ord. No. 2010-01, 2-25-2010; Ord. No. 11-2011, 4-14-2011)
2 09/08/2014
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SECTION 3
Court(i )
GENERAL PROVISIONS
Sec. 3-1 Interpretation and Application.
Interpreting and applying these Regulations, the requirements contained herein are
declared to be the minimum requirements necessary to carry out the purpose of these
Regulations. Except as hereinafter provided these Regulations shall not be deemed to
interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any
easements, covenants, or other agreements between parties. Whenever thee provisions
of these Regulations impose greater restrictions upon the use of land or buildings, or
upon the height of buildings, or require a larger percentage of lot to be left occupied
than the provisions of other Ordinances, Rules, Regulations, Permits, or any
Easements, Covenant, or other Agreements between parties, the provision of these
Regulations shall govern.
Sec. 3-2 Zoning Affects All Land and Buildings.
No land, building, or structure shall be used, no building or structure shall be erected,
and no existing building or structure shall be moved, added to, enlarge, or altered
except in conformity with these Regulations.
Sec. 3-3 Only One Principal Building or Use Upon Any Lot.
Every building or use erected or established shall be located upon a lot as herein
defined and, except as herein provided, there shall be no more than one principal
building or use upon any lot. Single-family residential lots shall be limited to one
electrical meter.
Sec. 3-4 Reduction or Change in Lot Size.
A lot as defined by this Ordinance which is occupied by a building or structure shall not
be reduced or changed in size so that the total area, lot width, front, side, or rear
setbacks, lot area, lot width, front, side, or rear building coverage, or other dimensions,
area, or open spaces required by these Regulations, are not maintained unless such
reduction is needed to provide land for public use. When two or more lots of record
have been occupied by a building or structure as a single building site, and such
building site has an area and a width equal to or less than the area and width required
for lots as defined by this Ordinance for the zoning district in which such building site is
located, then the area and/or width of such building site shall not be reduced except
where such reduction is needed to provide land for a public purpose. The Board of
Appeals shall not be authorized to vary this requirement. A lot shall not be divided so
as to produce a tract of land which does not comply with the width and area
requirements for a lot in the zoning district in which such lot is located, unless said tract
20 Revised 2/14/97
ORDINANCE NO. 54-2014
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
RELATING TO SECTION 3-070, PERMISSIBLE STRUCTURES PER LOT;
ACCESSORY STRUCTURES
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 dealing with permissible
structures per lot to clarify same 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, Section 3-070 is hereby amended so that hereafter the
ordinance shall read as hereinafter provided.
SECTION 1
Section 3-070, Permissible structures per lot; accessory structures, is hereby amended and
it shall hereafter read as follows:
Sec. 3-070. Permissible structures per lot; accessory structures.
(A) Principle structure on a lot. Only one principle structure and its customary accessory structure are
permissible per lot. Single-family residential lots shall be limited to one electrical meter. The one
electrical meter standard shall not apply to solar power. Notwithstanding anything herein to the
contrary, in C-I zoning districts, the property owner may petition the mayor and council for permission
to allow an additional principle use structure per lot, provided the following conditions are met:
(1) The property is one lot of 4,200 square feet or larger;
(2) The proposed use of the additional structure is permitted in the C-I zone and is compatible with
the existing or proposed principle structure use;
(3) The proposed use of the additional structure will further the needs of the owners or residents of
the principle structure of the general population;
(4) All other requirements of the Land Development Code are met, including but not limited to,
setback, greenspace, drainage, height limits, etc.; and
(5) The permitted additional structure must be restricted to the use approved by the mayor and
council and may not be changed without approval by the mayor and council.
(B) Detached accessory structures on commercial lots. A detached accessory structure in a commercial
district is exempted from the schedule of regulations in section 3-090, but shall conform to the
following regulations:
(1) No detached accessory structure shall extend beyond the front building line of the principle
structure except tents, umbrellas and enclosures.
(2) No detached accessory structure shall be more than one story in height.
(3) No detached accessory structure shall be located nearer than five feet to any lot line.
(4) No detached accessory structure will reduce the amount of parking required for commercial
sites as required in section 3-080
(5) No detached accessory structure will materially affect an approved drainage plan on an already
improved site or increase the amount of run-off leaving the site in the event the site was
improved without an approved drainage plan. Existing drainage for the principal structure will
not be reviewed or required to be changed unless the approved drainage plan is not being
followed.
(6) No detached accessory structure shall be erected or installed without the proper approval from
the designated city department.
(7) Temporary enclosures. Temporary enclosures are permitted in commercial areas only. This
includes any moveable, tent-like shelter intended to provide or actually providing protection from
the elements for stored materials, vehicles, or other items, for which a building permit is not
required and which a maximum size is 120 square feet. This would include temporary garages
of tent-like construction, as well as tarpaulins of plastic or similar type materials supported by
wooden or metal frameworks. Such temporary enclosures are to be considered structures under
this section and, as such, are governed by the same setback requirements as other structures
under this Land Development Code. Tents set up for special occasions, screenhouses, and
other such seasonal, recreational enclosures are specifically exempted from this section unless
they are used for storage as stated above after written approval from the designated City
Department prior to placement. However, if this temporary enclosure becomes permanently
anchored, it will be treated as a permanent structure and subject to all permitting requirements.
(8) No temporary detached structure will be allowed on the residential use side(s) of a commercial
lot where commercial and residential uses are adjacent.
(C) Location of detached accessory structures on residential lots. A detached accessory structure in
either a residential district or on any lot containing a principle structure whose first floor is used for
residential purposes is exempted from the schedule of regulations in section 3-090, but shall conform
to the following regulations:
(1) No detached structure except a carport shall extend beyond the front building line of the
principle structure.
(2) No detached accessory structure shall be more than one story in height.
(3) No detached accessory structure shall be located nearer than five feet to any lot line. A
caretaker's cottage or guest cottage must meet the same front, side and rear setback
requirements as required for a principle structure.
(D) Location of attached accessory structures on residential lots. An attached accessory structure in
either a residential district or on any lot containing a principle structure, the ground floor of which is
used for residential purposes, shall be considered as an integral part of the principle structure and
shall be constructed, altered or otherwise be developed in accordance with the regulations governing
Flood Damage Prevention (Article 8) and side yard, rear yard and front yard setbacks for principle
structures in the district.
(E) Kiosks. A kiosk is considered a permanent structure for interpretation of the Land Development Code
and ordinances of the city. A kiosk may be a principle structure or an accessory structure depending
upon the circumstances existing on the property. A kiosk that is intended to operate as an
2
independent business not associated with a principle structure or use shall require site plan
approval.
(F) Principle structures in the Maritime-District. Within the Maritime-District (M-D) more than one (1)
principle structure shall be allowed for permitted uses with site plan approval and special review by
the mayor and council.
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.
3
ADOPTED THIS DAY OF , 2014.
MAYOR
A'1'1'EST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
Tybee/Ordinances/2014/54-2014 Sec 3-070 permissible structures 09.26.14
4