HomeMy Public PortalAbout120_020_Ord 55-2014, First Reading definitions MAYOR ; 6- CITY MANAGER
Jason Buelterman O Diane Schleicher
CITY COUNCIL CITY CLERK
Wanda Doyle,Mayor Pro Tem 441. Janet LeViner
Barry Brown
Rob Callahan ' CITY ATTORNEY
Bill Garbett Edward M.Hughes
Monty Parks i ,.. .`
Paul Wolff
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. 55-2014. Article 2, Definitions. City of Tybee Island, petitioner;
consideration of definitions
Budget Line Item Number (if applicable): N/A
Paper Work: L Attached*
Audio/Video Presentation**
* Electronic submissions are requested but not required. Please email to
jleviner @cityoftybee.org.
0* 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 /Email: (912) 472-5031 / dotto@cityoftybee.org
Comments:
Date given to Clerk of Council: September 30, 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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www.cityoftybee.org ��1�' 4
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PLANNING COMMISSION
NOTICE OF DETERMINATION
Meeting date: September 16, 2014
Project Name/Description: Article 2, Definitions
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 _ second
Livingston X
Major X motion to approve with changes as discussed
Marion Chair
Bishop X
The Planning Commission recommends: j1 . :: oval 0 Denial n Continued
114,PPI
Planning Commission Chair: Date: q — t 1 - Z i t--
Planning & Zoning Manager: C ir arvw.s—) CAttAD Date: 09 - r -204
ARTICLE 2,DEFINITIONS
Definitions to Add
Awning means any shelter, cover, or projection extending beyond the outer face of the building wall, of
either a rigid or non-rigid material, either collapsible, removable or of permanent rigid construction,
designed and intended to be used for the purpose of shelter or protection for entrance and walkways.
Commercial development means development for the purposes of any professional, commercial, or
industrial undertaking.
Driveway means a private way that provides vehicular access from a street to a parking area, garage,
dwelling, or other structure or land use activity.
Dune crossover means an elevated structure for pedestrian and bicycle access across an area of sand
dunes. A crossover is preferable to a walking path to save vegetation and wearing down of the dune to
allow for grass to grow underneath.
Existing structure means a structure for which a legal building permit has been issued, or a structure
erected prior to the date of adoption of the governing code.
Existing use means the nature of a property or a structure. An existing use may be described using terms
such as vacant, abandoned, residential, commercial, owner-occupied, rental, retail, lodging, and
industrial,
Frontage means the horizontal distance between the side lot lines measured at the point where the side
lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered
frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.
Greenspace means land that is undeveloped and covered with grass, trees, shrubs, or other vegetation.
Gross leasable floor area means the total floor area of a commercial building designed for tenant
occupancy and exclusive use, including basements, mezzanines, and upper floors, expressed in square
feet as measured from the center line of joint partitions and from outside wall faces.
Guest room means any room with a private bath and private entrance from the outside, hall, corridor, or
lobby, which may be rented as a single rental unit.
Hardship means the circumstances where special conditions, which were not self-created or created by a
prior owner, affect a particular property and make strict conformity with the restrictions governing
dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building height)
unnecessarily burdensome or unreasonable in light of the purpose of this code. Unnecessary hardship is
present only where, in the absence of a variance, no feasible use can be made of the property.
House means structures occupied by people for the sole purpose of shelter and accommodations.
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Industry means any activity involving the manufacturing or treatment or any commodity including the
assembly, packaging, canning, bottling, or processing of any item. To change any commodity in
composition, form, size, shape, texture, or appearance is deemed to be an industrial process.
Intersection means the area, whether or not signalized,within which vehicles traveling upon different
roadways joining at any angle might collide.
Living area means the area of a dwelling unit, enclosed, which is protected from the elements and
heated, including interior halls, closets, and utility and storage areas,but excluding garages, carports,
screened porches, unenclosed, and unheated areas.
Lot line means the property line, abutting right-of-way line, or any line defining the exact location and
boundary of a lot.
Maintenance means an activity that restores but not changes the character, scope, size, or design of a
serviceable area, structure, or land use to its previously existing, authorized, and undamaged condition.
Narrow means for variance purposes a lot width of less than the 60 feet as required for a residential lot
in Section 10-080(F)(6). A commercial lot does not have a narrow standard.
Nuisance means anything, condition, or conduct that endangers health and safety, or unreasonably
offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially
interferes with the comfortable enjoyment of life.
Pervious means admitting of precipitation to infiltrate the surface or ground.
Principal structure means the building or structure in which the principal use of the lot is conducted.
This shall include any buildings which are attached to the principal structure by a covered structure. Lots
with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and
other clearly accessory uses shall not be considered principal buildings.
Redevelopment means any proposed expansion, addition, or major facade change to an existing building,
structure, or parking facility.
Residential development means one or more buildings or structures or portions thereof which are
designed for and used to provide a place of abode for humans beings, including one and two family
detached dwellings, multifamily residences, row houses, townhouses, and other similar group housing,
together with accessory uses and structures normally common to residential uses including but not
limited to garages, sheds, boat storage facilities, tennis courts, and swimming pools. Residential
development shall not include hotels, motels, or any other type of overnight or transient housing or
camping facilities.
Sand-sharing system means an interdependent sediment system composed of sand dunes, beaches, and
offshore bars and shoals.
Service industry means the provision of services to businesses as well as final consumers in which no
goods are produced. Service industries include accounting, plumber, computer services, restaurants,
tourism, and other such consumer services.
2 09126/2014
Shallow means for variance purposes a lot that would result in a residential building depth of less than
20-feet. A commercial lot does not have a shallow standard.
Special event means a temporary use that extends beyond the normal uses and standards allowed by the
zoning ordinance of the city. "Special event" includes, but is not limited to, art shows, sidewalk sales,
pumpkin and Christmas tree sales, haunted houses, carnivals, auto shows, grand openings, festivals,
exhibitions, bazaars, weddings, and receptions.
Vacant means having no occupants or contents; empty or unoccupied.
Vacant property means land or buildings that are not actively used for any purpose.
Vegetative state means land with plant growth, especially trees, shrubs, vines, ferns, mosses, and
grasses.
Walkway means any public or private route intended and suitable for pedestrian use. This term includes
sidewalks, paths, and trails.
Warehouse means one or more structures containing one or more exclusive, compartmentalized storage
spaces with direct and private access, to be used for storage.
Definitions to Amend
Dune
Current Definition: Dune means mound or ridge of loose sediments, deposited by any natural or
artificial mechanism and lying landward of the beach.
Proposed Text Amendment : Sand dunes means mounds of sand deposited along a coastline by wind
action, which are often covered with sparse, pioneer vegetation and are located landward of the ordinary
high-water mark and may extend into the tree line.
Family
Current Definition: Family means one or more persons occupying a dwelling unit, living as a single,
nonprofit housekeeping unit; provided that a group of four or more persons who are not within the
second degree of kinship shall not be deemed to constitute a family.
Proposed Text Amendment: Family means any of the following occupying a dwelling unit, living as a
single, nonprofit housekeeping unit: (1) any number of persons related by blood, marriage, adoption,
guardianship, or duly-authorized custodial relationship; (2) two unrelated persons and any children
related to either of them; or(3) not more than three persons not related by blood, marriage, adoption,
guardianship, or duly-authorized custodial relationship.
3 0912612014
Hotel
Current Definition: Hotel means a building or other structure kept, used, maintained, advertised as or
held out to the public to be a place where sleeping accommodations are supplied for pay to transient or
permanent guests or tenants.
Proposed Text Amendment: Hotel means a building designed to provide accommodations for transients
or persons for short-term residence,with or without meals and including customary accessory uses in
connection with the principal use.
Lot
Current Definition; Lot means a parcel of land which is or may be occupied by a building and its
accessories, including the open spaces required by this Land Development Code.
Proposed Text Amendment: Lot means a piece, parcel, tract, or plot of land occupied or to be occupied
by one (1)principal building and its accessory buildings and including the required yards and all lots of
record included in any such piece, parcel, tract, or plot of land, and all lots otherwise designated by this
Land Development Code.
Lot of record
Current Definition: Lot of record means a lot that exists as shown or described on a plat or deed in the
records of the Chatham County of Court's office
Proposed Text Amendment: Lot of record means a lot whose existence, location, and dimensions have
been legally recorded or registered in the Chatham County Clerk of Court's office in a deed or on a plat.
Planning Commission
Current Definition: Planning commission means a nine-member body appointed by the mayor and
council to evaluate proposed land use changes and administer land development controls in the city.
Proposed Text Amendment: Planning Commission means a seven-member body appointed by the
mayor and council to evaluate proposed land use changes and land development proposals in the city.
Privacy Fence
Current Definition; Privacy Fence means wood, metal, or masonry structure not less than six feet and
not greater than eight feet in height from average adjacent grade.
Proposed Text Amendment: Fence means wood, metal, or masonry structure not greater than eight feet
in height from average adjacent grade.
4 0912612014
Sign
Current Definition: Sign means any area or surface on which lettering or pictorial material is displayed
for the purpose of directing attention to a profession, business commodity, service or entertainment
message. Different varieties of signage are defined as follows:
a.Advertising bench means . . .
a.1.Animated sign means . . .
b.Banner means . . .
F. Reserved.]
[j. Reserved.]
k.Flashing sign means . . .
aa. Window sign means any sign, pictures, symbol, or combination thereof, designed to
communicate information that is placed inside a window or upon the window.
Proposed Text Amendment: Sign means any area or surface on which lettering or pictorial material is
displayed for the purpose of directing attention to a profession, business commodity, service, or
entertainment. Different varieties of signage are defined as follows:
a.Advertising bench means . . .
b.Animated sign means . . .
c.Banner means . . .
j.Flashing sign means . . . .
q.Political sign means any sign consisting of political speech.
u. Snipe sign means an off-premise sign made of any material that is tacked, nailed, posted, or
otherwise attached to a tree, pole, stake, fence, or other object. . .
y. Window sign means any sign, pictures, symbol, or combination thereof, designed to
communicate information that is placed inside a window or upon the window.
Definitions to Strike
The following definitions are to be struck if the proposed Article 7 Text Amendment is adopted.
Caliper
Diane er -bd east height (DBH)
Significant trees
Tree
Tree removal
5 09/26/2014
ARTICLE 2. DEFINITIONS CURRENT
ORDINANCE
Sec. 2-010. Terms and definitions.
(A) Terms. Generally, words used in the present tense include the future; the singular number includes
the plural, and the plural the singular; the term "used" includes the words "arranged, designed or
intended to be used;" the term "occupied" includes the words "arranged, designed or intended to be
occupied;" the word "structure" includes the word "building," "dwelling" or "unit;" the word "lot"
includes the word "plot," "parcel" or"tract."
(B) Definitions. Specific definitions include the following:
Accessory building means a building subordinate to the main building on the same lot and used for
purposes customarily incidental to the use of the main building.
Addition (to an existing building) means any walled and roofed expansion to the perimeter of a
building to which the addition is connected by a common load bearing wall other than a firewall. Any
walled and roofed addition which is connected by a firewall or is separated by independent perimeter
load-bearing walls is new construction.
Air rights, public means the ownership or control of that space at or above a horizontal plane over
the ground surface of public land, or that which is used by law, easement, or right-of-way used for public
purposes. The horizontal plane shall be at a height that is reasonably necessary or legally required for the
zoned or intended use of the ground surface.
Alley means any public way accepted for public use and 20 feet or less in width providing secondary
access to abutting property.
Amusement park means a commercially operated park with booths for the sale of food and drink and
various devices for entertainment. Such devices include but are not limited to waterslides, Ferris wheels,
merry-go-rounds, and roller coasters.
Apartment building means a building designed for or occupied by three or more families with
separate housekeeping facilities for each family. Such building shall include: apartment houses,
apartments and flats, efficiency apartments, and studio apartments, but, not including boarding homes,
hotels, or motels.
Appeal means a request for a review of the code enforcement official's interpretation of any provision
of this Land Development Code.
Aquaculture project means the commercial cultivation of aquatic life, such as shellfish, fish, and
seaweed.
Area of shallow flooding means a designated "AE" or "VE" zone on a community's flood insurance
rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be
evident.
Area of special flood hazard means the land in the floodplain within a community is subject to a one
percent chance of flooding in any given year.
Artificial light means any source of light emanating from a manmade device including, but not limited
to, spotlights, street lights, commercial or residential lighting, construction and security lights.
Average adjacent grade means the average natural elevation of the ground surface, prior to
construction, next to the proposed walls of the structure.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given
year.
Base flood elevation means a point of vertical elevation where it is estimated there is a significant
probability of flooding from any source within a 100-year time frame. Such vertical distances are
referenced to the National Geodetic Vertical Datum of 1929 (mean sea level). See the recent flood
insurance rate maps for estimated base flood elevation in a particular location.
08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 1
Base flood level means see "base flood elevation."
Basement means an enclosure with floor level below natural grade on three sides.
Beach means a zone of unconsolidated material that extends landward from the ordinary low-water
mark to the line of permanent vegetation.
Bed and breakfast: residential means a dwelling unit where overnight accommodations and a
morning meal are provided to transients for compensation.
Bed and breakfast: commercial means bed and breakfast establishments are subject to an approved
commercial use site development plan. For more information see section 3-060, bed and breakfast
establishments.
Boatel means a combination of a motel and marina that is accessible to boats as well as automobiles
and may include boat sales and servicing facilities, overnight accommodations for transients, and eating
and drinking facilities.
Breakaway wall means any type of wall that is not part of the structural support of the building and
which is designed to break away, under abnormally high tides or wave action, without damage to the
structural integrity of the building on which it is used.
Buffer means open spaces, landscaped areas, fences, walls, berms or any combination thereof used
to physically separate or screen one use or property from another so as to visually shield or block noise,
lights, or other nuisances. Comment: the two basic criteria for buffers are the width of the buffer and the
type of material to be planted or installed. In designing buffers, the ordinance should allow flexibility and
provide for fences and berms to be used in conjunction with landscaping.
Building means see "structure."
Building permit means the permit for any type of construction required by the Tybee Island Code of
Ordinances.
Caliper measure means the diameter of the main stem of a tree or sapling as taken by calipers 41/2
feet above grade.
Campground means an area or tract of land for which accommodations for temporary occupancy are
located or may be placed, including R.V. parks, tents, and major recreational equipment, and which is
primarily used for recreational purposes and retains an open air or natural character.
Caretaker's cottage means an accessory building or portion of a primary structure used or designed
for use as a residence, specifically, as an accessory use to the principal structure. Such form of land use
may be permitted in the "R-2" zoning district depending on the size of the lot. Other terms for this type of
dwelling unit include: granny home, and mother-in-law cottage. By no means shall such a use be
considered a separate primary structure eligible for a minor subdivision if either resulting lot created will
be substandard in size.
Carport means a roofed structure providing space for the parking of motor vehicles.
Certificate of occupancy means a certificate issued by the zoning administrator stating that the
occupancy and use of land, building or structure referred to therein complies with the provisions of this
Land Development Code.
Church or place of religious worship means an institution that people regularly attend to participate or
hold religious services, meetings, and other related activities.
Clinic means a building in which medical services for out patients only are provided.
Coastal high hazard area (V zones) means those areas that are subject to high velocity waters,
including but not limited to hurricane wave wash. The area is designated on a FIRM as "zone V-1-30,"
"VE" or "V."
Concession stand means a retail establishment selling food and drinks for consumption on or near
the premises. This shall include lunch counters and refreshment stands selling prepared foods and
drinks.
Conditional use (special review) means a use permitted in a particular zoning district upon showing
that such use in a specific location will comply with all the conditions and standards for the location or
08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 2
operation of the use as specified in this Land Development Code and authorized by the approving
agency. Comment: conditional uses are permitted uses and are appropriate in the zoning district only
when all conditions are met. For example, a house of worship may be desirable in a residential area but
controls over parking, circulation, setbacks, and landscaping may be needed to prevent such use from
adversely affecting surrounding residences. With conditional uses, separate regulations can be imposed
to mitigate the adverse impacts. In some states, conditional uses are classified as special exception uses.
In all cases, the conditions must be specific. The conditional use permitting process and criteria for
determination is listed in section 5-070, standards for special review: (see also: special review permit
definition).
Conditions to zoning approval (conditional zoning) means a requirement adopted by the city council
at the time of approval of a rezoning or special use permit which places greater or additional requirements
or restrictions on the use and development of the subject property than provided in this zoning ordinance
and is designed to ameliorate the negative effects of the rezoning or special use on neighboring
properties and to protect the public health, safety, or general welfare.
Condominium means a building containing three or more individually owned, attached, dwelling units
and related, jointly owned, common areas.
Deck means a raised, flat, and floored roofless platform adjoining a dwelling or structure. A deck is
not considered to be part of the structure for living area measurement purposes; however, it is required to
meet all front, side, and rear yard setbacks. Flooring for a deck is generally made of wood materials set
upon piers.
Developer means any person, firm, trust, partnership, association or corporation engaged in
development or proposed development of land.
Development means any manmade changes to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations.
Diameter, breast height (DBH) means the diameter of a tree trunk or trunks, measured in inches at
41/2 feet above existing grade.
District, zoning means a mapped area for which a uniform set of land development regulations apply.
Dockbuilder, as used herein, means any person engaged in the business of constructing, altering,
repairing, dismantling or demolishing structures, docks, bridges, fixed or floating, abutting or on coastal
marshlands or waters of the city or the State of Georgia and every other type of structure, project,
development or improvement including constructing, altering or repairing of such property, and all
subcontractors so engaged. Each "dockbuilder" as defined herein shall register with the City of Tybee
Island.
Drive-in restaurant means any place or premises where provisions are made for selling, dispensing,
or serving of food, refreshments, or beverage to customers in automobiles or in other than a completely
enclosed building.
Drive-in window means a portion of any building or structure from which business is transacted, or is
capable of being transacted, directly with customers located in a motor vehicle during such business
transaction. Drive-in windows shall have at a minimum 150 feet of approach distance on the property in
which vehicles may queue prior to reaching the window.
Dune means mound or ridge of loose sediments, deposited by any natural or artificial mechanism
and lying landward of the beach.
Dwelling means any building or structure or part thereof primarily used and occupied for human
habitation or intended to be so used. The following further defines the different varieties of dwelling
distinctions:
a. Dwelling, single-family means a detached building designed exclusively for occupancy by one
family.
b. Dwelling, two-family or duplex means a building either designed, constructed, altered, or used
for two adjoining dwelling units that are connected by a firewall or, if the units are positioned
vertically, by a type one floor and ceiling construction where the units are joined. A "detached"
08/11/2014 Tybee Island, Georgia,Code of Ordinances Page 3
two-family or duplex consist of dwelling units that are joined by structure other than a firewall or
floor and ceiling.
c. Dwelling, multi family means a building either designed, constructed, altered, or used for more
than two adjoining dwelling units, with each dwelling unit having a party wall or party floor where
it joins at least one other dwelling unit in the building. This includes but is not limited to
apartments, condominiums, townhouses, or any type of multi family structure.
Dwelling unit means one or more rooms in a dwelling, apartment, boardinghouse, hotel or motel,
designed primarily for occupancy by one family for living, eating, and sleeping purposes.
Easement means a grant of one or more property rights by the property owner to and/or for the use
by the public, a corporation, or another person or entity.
Existing manufactured home parks or subdivision means a parcel of land divided into two or more
manufactured home lots for rent or sale for which facilities were completed prior to adoption of the
ordinance from which this Land Development Code is derived or prior to inclusion of property within city
limits.
Expansion of an existing manufactured home park or manufactured home subdivision means
preparation of additional sites by grading, installing utilities, pads, or streets, or otherwise adding service
facilities.
Family means one or more persons occupying a dwelling unit, living as a single, nonprofit
housekeeping unit; provided that a group of four or more persons who are not within the second degree
of kinship shall not be deemed to constitute a family.
Flood or flooding means a general and temporary condition of a partial or complete inundation of
normally dry land areas from:
a. The overflow of inland of tidal waters, or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood insurance rate map (FIRM) means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
Flood insurance study means the official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water
surface elevation of the base flood.
Floodlight means unshielded reflector type light fixtures attached directly to a building or post.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
Floor means the top surface of an enclosed area in a building (including basement), e.g., top of slab
in concrete construction or top of wood flooring in wood frame construction. The term does not include the
floor of a garage used solely for parking vehicles.
Garage, public means a garage operated as a business devoted primarily to the repair, storage,
maintenance, service or sales of motor vehicles, or any combination thereof.
Guest cottage means living quarters within a detached accessory building located on the same lot or
parcel of land as the primary structure, used exclusively for housing members of the family occupying the
main building and their nonpaying guests. Such quarters shall not be rented or otherwise used as a
separate dwelling. By no means shall such a use be considered a separate primary structure and eligible
for a minor subdivision if either resulting lot created will be substandard in size.
Height of building means the vertical distance measured from the average adjacent grade of the
building to the extreme high point of the building, exclusive of chimneys, heating units, ventilation ducts,
air conditioning units, elevators and similar appurtenances.
Height variance means a variance granted to exceed the maximum height limitations for allowed
uses in a zoning district.
08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 4
Home business office means an office use that is conducted entirely within the dwelling which is
carried on by the occupant thereof and no other individual, and which is clearly incidental and secondary
to the use of the dwelling for residential dwelling purposes.
Home occupation means an occupation customarily carried on within a home for gain or support,
involving the sale of only those articles, products or services produced on the premises, conducted
entirely within a dwelling unit and conducted entirely by persons residing in that dwelling unit, using only
that equipment as is customarily found in a home and involving no display of articles or products.
Hospital means any place or institution which maintains and operates facilities for the care, custody
and/or treatment of two or more nonrelated persons as patients suffering mental or physical ailments, and
which shall be eligible for a license as a hospital under state regulations, but shall not be construed to
include any dispensary or first-aid treatment facilities maintained by any commercial or industrial plant,
educational institution or convent, nor to include any nursing care home as herein defined.
Hospital or clinic, special means a hospital which treats communicable diseases, insane or
feebleminded patients, epileptics, drug addicts or alcoholic patients.
Hotel means a building or other structure kept, used, maintained, advertised as or held out to the
public to be a place where sleeping accommodations are supplied for pay to transient or permanent
guests or tenants.
Junkyard means a junkyard is an open area where waste or scrap materials are bought, sold,
exchanged, stored, baled, packaged, disassembled or handled, including but not limited to scrap iron and
other metals, papers, rags, rubber tires and bottles. A junkyard includes an auto-wrecking yard but does
not include uses established entirely within enclosed buildings.
Kitchen means an area used for preparation of food, which contains:
a. A sink,
b. A refrigerator,
c. A stove or range top, and
d. An oven or utility connections suitable for servicing a range or oven.
If all of the above components are present, the area shall be considered a kitchen.
Light business means a retail or service establishment that operates a low impact business and has
fewer than five employees working at any given time.
Loading space means a space within the main building or on the same lot providing for the standing,
loading, or unloading of trucks, and having a minimum dimension of 12 feet by 50 feet and minimum
vertical clearance of 14 feet.
Lot means a parcel of land which is or may be occupied by a building and its accessories, including
the open spaces required by this Land Development Code.
a. Corner lot means a lot abutting upon two or more streets at their intersection.
b. Interior lot means a lot,the side lines of which do not abut on a street.
c. Through lot means an interior lot having frontage on two or more streets.
d. Flag lot means a lot with access provided to the bulk of the lot by means of a narrow corridor.
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08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 5
Lot of record means a lot that exists as shown or described on a plat or deed in the records of the
Chatham County Clerk of Court's office.
Lot width means the distance between the property lines measured at the building line.
Lounge means a commercial establishment dispensing alcoholic beverages for consumption on the
premises and where dancing and entertainment is permitted.
Low profile luminary means light fixture set on a base which raises the light no higher than 60 inches
off the ground and designed so that the light is directed downward from a hooded light source.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area
other than a basement area, is not considered a building's lowest floor, provided that such enclosure is
not built so as to render the structure in violation of the applicable nonelevation design requirements of
this Land Development Code.
Major subdivision means any subdivision comprising four lots or more, or any subdivision involving a
new street or change in an existing street.
Manufactured home means a transportable factory-built home, designed to be used as a year-round
residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction
and Safety Standards Act of 1974, which became effective June 15, 1976. Manufactured homes are not
permitted uses in any district.
Manufactured housing means a factory-built, single-family structure that is manufactured under the
authority of 42 USC 5401, the National Manufactured Home Construction and Safety Standards Act, is
transportable in one or more sections, is built on a permanent chassis, and is designed to be used as a
place of human habitation with or without a permanent foundation when connected to the required
utilities. It is not constructed with a permanent hitch or other device allowing transportation of the unit
other than for the purpose of delivery to a permanent site, and which does not have wheels or axles
permanently attached to its body or frame.
Manufactured housing park means a parcel of land which is used or intended to be used for the
rental or lease of spaces, stands, or manufactured houses and the provision of services for two or more
manufactured houses.
Manufactured housing space, stand means a plot of ground within a manufactured housing park
designed for the accommodation of one manufactured house for rent or lease and not to be bought or
sold individually.
Marina means a commercial establishment with a waterfront location used for the purpose of storing
watercraft and pleasure boats on land, in buildings, in slips, or on boatlifts and including accessory
facilities for purposes such as re-fueling, minor repair, and launching.
Marine facility means a facility which cannot be used for its intended purpose unless it is located or
carried out in close proximity to water, such as a docking or port facility necessary for the loading and
unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities.
Marquee means a roof-like structure suspended over an entrance to a structure.
Mean sea level (MSL) means the average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of this Land Development
Code, the term is synonymous with National Geodetic Vertical Datum (NGVD).
Mezzanine means an intermediate story that projects in the form of a balcony covered and attached
to the dwelling or structure. This is considered to be part of the structure for measurement purposes.
Minor subdivision means any subdivision comprising three lots or less, and not involving a new street
or change in an existing street.
Mixed occupancy means occupancy of a structure or land for more than one principal use.
Modular home means a factory fabricated transportable building consisting of units designed to be
incorporated at a building site on a permanent foundation into a permanent structure to be used for
residential purposes and which bears a seal of compliance with regulations of the Southern Building Code
Congress International.
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Natural or artificial barrier means any river, pond, canal, roadway, railroad levee, embankment,
hedge, fence, tree row or similar obstruction which limits access and/or visibility.
Nesting season means May 1 through October 31 of each year.
New construction means structures for which the "start of construction" commenced on or after the
effective date of the ordinance from which this Land Development Code is derived.
Nonconforming use means any building structure or use of land or building lawfully existing at the
effective date of the ordinance from which this Land Development Code is derived, which does not
conform with the provisions of this Land Development Code or amendments thereto.
Nursing home means a home for aged or ill persons in which three or more persons not of the
immediate family are provided with food, shelter, and care for compensation, but not including hospitals,
clinics, or similar institutions devoted primarily to diagnosis and treatment.
Package shop means an establishment that sells alcoholic beverages only in sealed containers
whose contents may not lawfully be consumed on the premises.
Parking garage means a building designed and used for the storage of automotive vehicles operated
as a business enterprise with a service charge or fee being paid to the owner or operator for the parking
or storage of privately owned vehicles.
Parking lot means an area or plot of land used for the storage or parking of vehicles, including all
necessary additional space needed for vehicular access maneuvering thereto or therefrom.
Parking space means a space not less than nine by 18 feet for one vehicle plus all necessary
additional space needed for vehicular access thereto.
Patio means an uncovered roofless area used for purposes of outdoor activity. The patio is not
considered to be part of the structure for measurement purposes.
Personal care home means a building or group of buildings, a facility or place in which is provided
two or more beds and other facilities and services, including room, meals, and personal care for
nonfamily ambulatory adults for compensation. The following are three specific types of personal care
homes:
a. Family personal care home means a home for adults in a family type residence, noninstitutional
in character, which offers care to two through six persons.
b. Group personal care home means a home for adult persons in a residence or other type
building(s), noninstitutional in character, which offers care to seven through 15 persons.
c. Congregate personal care home means a home for adults which offers care to 16 or more
persons.
Planned unit development (PUD) means any single-family planned unit development on one acre or
more, which in design and construction complements the cultural and historical values of the surrounding
area.
Planning commission means a nine-member body appointed by the mayor and council to evaluate
proposed land use changes and administer land development controls in the city.
Point source of light means the actual light source, such as the bulb, fluorescent tube, lamp, etc.,
from which light emanates.
Pole lighting means light fixtures set on a base or pole which raises the source of light higher than 60
inches off the ground.
Porch means a roofed, open structure projecting from the front, side, or rear wall of a building.
Principal use means the primary use of a zoned lot.
Privacy fence means wood, metal, or masonry structure not less than six feet and not greater than
eight feet in height from average adjacent grade. (Ord. No. 1995-15; 11-9-1995)
Public hearing means an open public meeting for which interested parties may discuss a specific
issue in an orderly manner before a public body.
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Public notice means a means of informing the general public of a particular event in a fair and timely
manner. Official rules of public notice vary depending on the type of event. See section 5-050 for specific
public notice requirements as they pertain to land use regulation addressed in this Land Development
Code.
Public utility means any person, firm, corporation, municipal department, board or commission duly
authorized to furnish and furnishing under federal, state, or municipal regulations to the public: natural
gas, steam, electricity or other energy sources, water, sewage collection and disposal, and
communication, including cable television.
Recombination of lots means rearrangement of lot boundaries from those already established.
Recreational vehicle park(RV park) means see "campground."
Regulated activity means any activity which will, or which may reasonably be expected to, result in
the discharge of dredged or fill material into waters of the United States excepting those activities
exempted in section 404 of the Federal Clean Water Act.
Restaurant means an establishment, however designated, at which food is sold for consumption on
the premises. However, a snack bar or refreshment stand at a public facility or nonprofit community
swimming pool, playground, park, or marina operated solely for the convenience of patrons of the facility
shall not be deemed a restaurant.
Rezoning means the change in zoning classification of any parcel or parcels of land from one zoning
district to another.
Right-of-way means a strip of land acquired by reservation, dedication, forced dedication,
prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric
transmission line, water line, sanitary sewer, storm sewer, and other similar uses.
Roof pitch means the geometric angle from the lowest point of the roof to the highest point of the roof
on any structure.
School means a facility that provides a curriculum of academic instruction, such as kindergartens,
elementary schools, middle schools, junior high schools, and high schools.
Septic tank means a watertight receptacle that receives a discharge of sewage from a building,
sewer, or part thereof and is designed and constructed to permit settling of solids from this liquid,
digestion of the organic matter, and discharge of the liquid portion into a disposal area.
Service station means a building or lot where gasoline, oil, and greases are supplied and dispensed
to the motor vehicle trade, and/or where battery, tire and other similar sales and services are rendered.
Setback means the minimum horizontal distance between the front, rear, or side lot lines and the
existing or proposed edges of the structure. The term "required setback" means a line beyond which a
building is not permitted to extend under provisions set forth in this Land Development Code establishing
minimum depth and widths of yards. Eaves not exceeding 24 inches are exempt from setback
requirements. Eaves in excess of 24 inches are not exempt from setback requirements to the extent they
succeed 24 inches.
Sewer, public means a system that is owned, maintained and operated by the city, and approved by
the state department of natural resources, environmental protection division.
Sign means any area or surface on which lettering or pictorial material is displayed for the purpose of
directing attention to a profession, business commodity, service or entertainment message. Different
varieties of signage are defined as follows:
a. Advertising bench means a sign painted, located on, or attached to any part of a bench, seat, or
chair placed on or adjacent to a public place or roadway.
a.f. Animated sign means any sign that uses movement or change of lighting, either natural or
artificial,to depict action or create a special effect or scene.
b. Banner means any sign of lightweight fabric or similar material that is mounted to a pole or a
building at one or more edges. Official flags of any institution shall not be considered banners.
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c. Building marker means any sign indicating the name of a building and date and incidental
information about its construction, and is cut into a masonry surface or made of bronze or other
permanent material.
d. Bulletin board means any sign erected by a charitable, educational or religious institution or a
public body, which is erected upon the same property as said institution.
e. Canopy sign means a message painted on or applied to a canopy, awning, or other roof-like
structure.
f. Commercial message means any sign wording, logo, or other representation that, directly or
indirectly, names, advertises, or calls attention to a business, product, service, sale or sales
event or other commercial activity.
g. Directional sign means a sign which directs the reader to the location of public or educational
institutions, or to the location of historical structures or areas, or to the location of public parks or
buildings.
h. Directory sign means signs identifying the name of the development, multi-use activities within
shopping centers, office complexes or apartment complexes.
[i. Reserved.]
[j. Reserved.]
k. Flashing sign means an illuminated sign on which artificial light or reflected light is not
maintained stationary and constant in intensity and color at all times when in use.
I. Freestanding sign means a sign which is attached to or a part of a completely self-supporting
structure. The supporting structure shall be set firmly in or below the ground surface and shall
not be attached to any building or any other structure whether portable or stationary.
m. Handbill means a printed sheet to be distributed by hand.
n. Identification or information sign means signs of an informational nature bearing no advertising.
o. Illuminated sign means a sign illuminated directly or indirectly by gas, electricity, or other
artificial light including reflective or fluorescent light.
p. Incidental sign means a sign, generally informational, that has a purpose secondary to the use
of the lot on which it is located, such as "no parking," "entrance," "telephone," and other similar
directives.
q. Memorial sign means a sign or plaque erected in commemoration of a person, place or event.
r. Nonconforming sign means a sign existing at the effective date of the adoption of the ordinance
from which this Land Development Code is derived which could not be built under the terms of
this Land Development Code.
s. Off-premises sign means a sign which directs attention to a business, commodity, service,
entertainment or attraction sold, offered, or existing elsewhere than upon the same lot where
such sign is displayed. The term "off-premises sign" shall include an outdoor advertising sign
(billboard) on which space is leased or rented by the owner thereof to others for the purpose of
convening a commercial or noncommercial message.
t. Portable sign means any sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including, but not limited to, signs designed to
be transported by means of wheels. Signs converted to A- or T-frames; menu and sandwich
board signs; balloons used as a sign; umbrellas used for advertising; and signs attached to or
painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used
in the normal day-to-day operations of the business.
u. Projecting sign means any sign that shall be affixed at an angle or perpendicularly to the wall of
any building in such a manner to read perpendicularly or at an angle to the wall on which it is
mounted.
v. Roof sign means any sign erected and constructed wholly on and over the roof of a building,
supported by the roof structure.
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w. Temporary sign means a nonpermanent sign erected, affixed, or maintained on the premises for
a short, usually fixed period of time.
x. Wall sign means a single faced sign which is in any manner attached or fixed flat to an exterior
wall of a building or structure. Individual letters in addition to the box type (e.g., letters and
symbols on an attached backing) sign may also be installed as a wall sign.
y. Window sign means any sign, pictures, symbol, or combination thereof, designed to
communicate information that is placed inside a window or upon the window.
Significant trees means trees having a DBH of ten inches or greater of the following variety: southern
red cedar, Juniperus silicate, or hardwoods native to Georgia coast. Hardwoods: dicotyledon plants with
woody stem including (but not limited to) oaks (Quercus), Magnolia grandiflora, hickories, (Carya),
sugarberry or hackberry, (Celtis laeirgata), red bay (Persea borbonia), spiney ash or toothache
(Xanoxylum clava-herculis), sycamore (Platanus occidentialis), tupeolo (Nyssa), sweetgum (Liquidamber
styraciflora), American holly (Ilex apace),
Site plan means a sketch, prepared to scale, accurately and with complete dimensioning to include:
the boundaries of a site and the location of all buildings, structures, uses, significant trees, and proposed
site development construction for a specific parcel of land. See sections 5-080(A) and (C) for specific
requirements for site plans.
Site variance means a variance granted to vary from regulations and restrictions for allowed uses in
zoning districts, such as setbacks, minimum lot sizes, etc.
Special review permit means a permit issued by the mayor and council, after planning commission
review and an advertised public hearing. Approval shall confirm that the proposed use meets all criteria
set forth in section 5-070.
Start of construction means beginning of work under a permit.
Street means a public way which provides a principal means of access to abutting property. Streets
are divided into two classifications as follows:
a. Arterial streets means those streets which are designated as arterials on the major thoroughfare
plan and which are used or intended primarily for fast or heavy traffic.
b. Collector streets means those streets which carry traffic from minor streets to the major system
of arterial streets and highways, including the principal entrance streets of a residential
development and streets for circulation within such a development.
c. Street, lane means minor ways which are used primarily for vehicular service access to the
back or the side of properties otherwise abutting on a street.
d. Marginal access street means those minor streets which are parallel to and adjacent to arterial
streets and highways; and which provide access to abutting properties, and protection from
through traffic.
e. Minor streets means all other public ways which provide a means of vehicular access to
abutting properties.
f. Opened street means a street shall be deemed to be opened if it is either of the following:
1. Available for public use and maintained by the city; or
2. Was constructed to city specifications following the adoption of the ordinance from which
this Land Development Code is derived.
g. Private drive means a 20-foot (minimum) access easement dedicated perpetually for use by
residences/lots. The city shall be responsible for neither maintenance nor city services within
the easement, and such shall be stated on the plat of record.
h. Unopened street means a street or any part thereof shall be deemed to be unopened if it is not
cleared, graded and available for public use.
Structural alterations means any change, except for repair or replacement of the supporting
members of a building, such as bearing walls, columns, beams or girders.
08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 10
Structure means anything constructed or erected, the use of which requires permanent location on
the land, or attachment to something having a permanent location on the land, and not including
manufactured homes.
Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or
other divisions for the purpose of immediate or future sale, legacy, or building development. All divisions
of land involving a new street or a change in existing streets. The term includes the re-subdivision of land
and when appropriate to the context relates to the process of subdivision or to the land subdivided.
Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of
which equals or exceeds 50 percent of the Chatham County Tax Assessor's appraisal or certified
appraisal of fair market value of the structure either (1) before the improvement or repair is started, or (2)
if the structure has been damaged and is being restored, before the damage occurred.
Survey map or plat, (land) means a map, prepared to scale, of a particular piece of real estate
signed and stamped by a registered land surveyor certified by the state. Such map or plat must also meet
all other requirements of O.C.G.A. § 43-15-1 et seq. to be considered an official survey.
Townhouses means a residential structure containing three or more attached single-family units
designed as a single structure having common or party walls. Each unit shall have its own front door
which opens to the outdoors, but, without access between adjoining units.
Travel trailer means any vehicle or similar portable structure mounted on wheels, designed and
intended primarily for short-term (under two weeks) occupancy for dwelling or sleeping or other purposes,
and not exceeding 25 feet in length, and any recreational vehicle.
Tree means any woody plant that has a diameter of six inches or more or any woody plant with a
caliper measure of two inches or more if such tree is part of a previous tree mitigation plan.
Tree removal means any intentional or negligent act which:
a. Cuts down or otherwise physically destroys a tree,
b. Will cause a tree to decline and die, including but not limited to:
1. Causing damage to the root system by application of toxic substances, operation of
machinery, change in natural grade by excavation or filling above the root system or
around the trunk;
2. Causing damage from injury or fire resulting in pest infestation;
3. Causing damage from extensive pruning or trimming.
Undeveloped parcel/vacant lot means a parcel or lot on which there is no permanent structure or part
thereof designed for human habitation, occupation, or use.
Use variance means a variance granted for a use that is not permitted in that zoning district.
Used car lot means any parcel of land used for storage, display and sales of used automobiles and
where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on
the premises.
Variance means an authorization by the mayor and council granting permission to depart from the
literal enforcement of this Land Development Code. See criteria for variance, section 5-090.
Water, public means a system that is owned, maintained, and operated by the city, a community
corporation, or a privately owned system serving a community and approved by the Chatham County
Health Department.
Wetland means an area that is inundated or saturated by surface water or groundwater at a
frequency and distribution sufficient to support, and under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as
hydrophytic vegetation.Wetlands generally include swamps, marshes, bogs, and similar areas.
Wetland protection district means all wetlands within the jurisdiction of Tybee Island, Georgia as
indicated on the wetlands map. Provided, however, that the wetlands map does not necessarily represent
the boundaries of jurisdictional wetlands within Tybee Island and cannot serve as a substitute for a
delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the
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Clean Water Act, as amended. Any local government action under this Land Development Code does not
relieve the landowner from federal or state permitting requirements.
Wetlands map means the current U.S. Fish and Wildlife Service National Wetlands Inventory Maps
for Tybee Island, Georgia.
Yard means an open, unoccupied space, other than a court, on the same lot with a building, open
and unobstructed from the ground to the sky.
a. Front yard means a yard across the full width of the lot extending from the front line of the lot.
b. Rear yard means a yard across the full width of the lot, extending from the rear line of the
building to the rear line of the lot.
c. Side yard means a yard between the side line of the building and the adjacent side line of the
lot, extending from the front yard to rear yard. The side yard extends from the front of the
structure to the rear so long as the rear of the structure is at least 60 feet from the front lot line,
otherwise, the side yard extends to the point which is 60 feet from the front lot line.
Zoning administrator means that person or persons appointed by mayor and council to enforce the
provisions of this Land Development Code.
(Ord. No. 1995-17, 12-7-1995; Ord. No. 1996-09, 6-13-1996; Ord. No. 1996-28, 11-14-1996; Ord.
No. 1996-14, 7-11-1996; Ord. No. 2002-14, 7-11-2002; Ord. No. 1996-15, 8-8-1996; Ord. No. 1999-
08, 4-22-1999; Ord. No. 2000-07, 2-11-2000; Ord. No. 2002-14, amended 1-9-2003; Ord. No. 2000-
07, amended 5-24-2000; Ord. No. 1999-, amended 12-17-1999; Manual, amended 11-10-1999; Ord.
No. 1999-08, amended 5-24-1999; Ord. No. of 9-22-2005; Ord. of 3-13-2006; Ord. of 9-28-2006;
Ord. No. 19-2013-A, § 1, 5-23-2013)
08/11/2014 Tybee Island, Georgia, Code of Ordinances Page 12
ORDINANCE NO. 55-2014
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
RELATING TO ARTICLE 2, DEFINITIONS,
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 definitions
to clarify certain definitions and add definitions thereto, 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, Article 2, Definitions, is hereby amended so that hereafter
the ordinance shall read as hereinafter provided.
SECTION 1
Article 2, Definitions, is hereby amended and it shall hereafter read as follows:
ARTICLE 2. DEFINITIONS
Sec. 2-010. Terms and definitions.
Sec. 2-010. Terms and definitions.
(A) Terms. Generally, words used in the present tense include the future; the singular
number includes the plural, and the plural the singular; the term "used" includes the words
"arranged, designed or intended to be used;"the term "occupied" includes the words
"arranged, designed or intended to be occupied;" the word "structure" includes the word
"building," "dwelling" or "unit;" the word "lot" includes the word "plot," "parcel" or "tract."
(B) Definitions. Specific definitions include the following:
Accessory building means a building subordinate to the main building on the same
lot and used for purposes customarily incidental to the use of the main building.
Addition (to an existing building) means any walled and roofed expansion to the
perimeter of a building to which the addition is connected by a common load bearing wall
other than a firewall. Any walled and roofed addition which is connected by a firewall or is
separated by independent perimeter load-bearing walls is new construction.
Air rights, public means the ownership or control of that space at or above a
horizontal plane over the ground surface of public land, or that which is used by law,
easement, or right-of-way used for public purposes. The horizontal plane shall be at a height
that is reasonably necessary or legally required for the zoned or intended use of the ground
surface.
Alley means any public way accepted for public use and 20 feet or less in width
providing secondary access to abutting property.
Amusement park means a commercially operated park with booths for the sale of
food and drink and various devices for entertainment. Such devices include but are not
limited to waterslides, Ferris wheels, merry-go-rounds, and roller coasters.
Apartment building means a building designed for or occupied by three or more
families with separate housekeeping facilities for each family. Such building shall include:
apartment houses, apartments and flats, efficiency apartments, and studio apartments, but,
not including boarding homes, hotels, or motels.
Appeal means a request for a review of the code enforcement official's interpretation
of any provision of this Land Development Code.
Aquaculture project means the commercial cultivation of aquatic life, such as
shellfish, fish, and seaweed.
Area of shallow flooding means a designated "AE" or "VE" zone on a community's
flood insurance rate map (FIRM) with base flood depths from one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
Area of special flood hazard means the land in the floodplain within a community is
subject to a one percent chance of flooding in any given year.
Artificial light means any source of light emanating from a manmade device
including, but not limited to, spotlights, street lights, commercial or residential lighting,
construction and security lights.
Average adjacent grade means the average natural elevation of the ground surface,
prior to construction, next to the proposed walls of the structure.
Awning means any shelter, cover, or projection extending beyond the outer face of
the building wall, of either a rigid or non-rigid material, either collapsible, removable or of
2
permanent rigid construction, designed and intended to be used for the purpose of shelter or
protection for entrance and walkways.
Base flood means the flood having a one percent chance of being equaled or
exceeded in any given year.
Base flood elevation means a point of vertical elevation where it is estimated there is
a significant probability of flooding from any source within a 100-year time frame. Such
vertical distances are referenced to the National Geodetic Vertical Datum of 1929 (mean sea
level). See the recent flood insurance rate maps for estimated base flood elevation in a
particular location.
Base flood level means see "base flood elevation."
Basement means an enclosure with floor level below natural grade on three sides.
Beach means a zone of unconsolidated material that extends landward from the
ordinary low-water mark to the line of permanent vegetation.
Bed and breakfast: residential means a dwelling unit where overnight
accommodations and a morning meal are provided to transients for compensation.
Bed and breakfast: commercial means bed and breakfast establishments are subject
to an approved commercial use site development plan. For more information see section 3-
060, bed and breakfast establishments.
Boatel means a combination of a motel and marina that is accessible to boats as well
as automobiles and may include boat sales and servicing facilities, overnight
accommodations for transients, and eating and drinking facilities.
Breakaway wall means any type of wall that is not part of the structural support of the
building and which is designed to break away, under abnormally high tides or wave action,
without damage to the structural integrity of the building on which it is used.
Buffer means open spaces, landscaped areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use or property from another
so as to visually shield or block noise, lights, or other nuisances. Comment:the two basic
criteria for buffers are the width of the buffer and the type of material to be planted or
installed. In designing buffers, the ordinance should allow flexibility and provide for fences
and berms to be used in conjunction with landscaping.
Building means see "structure."
3
Building permit means the permit for any type of construction required by the Tybee
Island Code of Ordinances.
Campground means an area or tract of land for which accommodations for
temporary occupancy are located or may be placed, including R.V. parks, tents, and major
recreational equipment, and which is primarily used for recreational purposes and retains an
open air or natural character.
Caretaker's cottage means an accessory building or portion of a primary structure
used or designed for use as a residence, specifically, as an accessory use to the principal
structure. Such form of land use may be permitted in the "R-2" zoning district depending on
the size of the lot. Other terms for this type of dwelling unit include: granny home, and
mother-in-law cottage. By no means shall such a use be considered a separate primary
structure eligible for a minor subdivision if either resulting lot created will be substandard in
size.
Carport means a roofed structure providing space for the parking of motor vehicles.
Certificate of occupancy means a certificate issued by the zoning administrator
stating that the occupancy and use of land, building or structure referred to therein complies
with the provisions of this Land Development Code.
Church or place of religious worship means an institution that people regularly attend
to participate or hold religious services, meetings, and other related activities.
Clinic means a building in which medical services for out patients only are provided.
Coastal high hazard area (V zones) means those areas that are subject to high
velocity waters, including but not limited to hurricane wave wash. The area is designated on
a FIRM as "zone V-1-30," "VE" or "V."
Commercial development means development for the purposes of any professional,
commercial, or industrial undertaking.
Concession stand means a retail establishment selling food and drinks for
consumption on or near the premises. This shall include lunch counters and refreshment
stands selling prepared foods and drinks.
Conditional use (special review) means a use permitted in a particular zoning district
upon showing that such use in a specific location will comply with all the conditions and
standards for the location or operation of the use as specified in this Land Development
Code and authorized by the approving agency. Comment: conditional uses are permitted
uses and are appropriate in the zoning district only when all conditions are met. For example,
4
a house of worship may be desirable in a residential area but controls over parking,
circulation, setbacks, and landscaping may be needed to prevent such use from adversely
affecting surrounding residences. With conditional uses, separate regulations can be
imposed to mitigate the adverse impacts. In some states, conditional uses are classified as
special exception uses. In all cases, the conditions must be specific. The conditional use
permitting process and criteria for determination is listed in section 5-070, standards for
special review: (see also: special review permit definition).
Conditions to zoning approval (conditional zoning) means a requirement adopted by
the city council at the time of approval of a rezoning or special use permit which places
greater or additional requirements or restrictions on the use and development of the subject
property than provided in this zoning ordinance and is designed to ameliorate the negative
effects of the rezoning or special use on neighboring properties and to protect the public
health, safety, or general welfare.
Condominium means a building containing three or more individually owned,
attached, dwelling units and related, jointly owned, common areas.
Deck means a raised, flat, and floored roofless platform adjoining a dwelling or
structure. A deck is not considered to be part of the structure for living area measurement
purposes; however, it is required to meet all front, side, and rear yard setbacks. Flooring for
a deck is generally made of wood materials set upon piers.
Developer means any person, firm, trust, partnership, association or corporation
engaged in development or proposed development of land.
Development means any manmade changes to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging,filling, grading,
paving, excavation or drilling operations.
District, zoning means a mapped area for which a uniform set of land development
regulations apply.
Dockbuilder, as used herein, means any person engaged in the business of
constructing, altering, repairing, dismantling or demolishing structures, docks, bridges, fixed
or floating, abutting or on coastal marshlands or waters of the city or the State of Georgia
and every other type of structure, project, development or improvement including
constructing, altering or repairing of such property, and all subcontractors so engaged. Each
"dockbuilder" as defined herein shall register with the City of Tybee Island.
Drive-in restaurant means any place or premises where provisions are made for
selling, dispensing, or serving of food, refreshments, or beverage to customers in
automobiles or in other than a completely enclosed building.
5
Drive-in window means a portion of any building or structure from which business is
transacted, or is capable of being transacted, directly with customers located in a motor
vehicle during such business transaction. Drive-in windows shall have at a minimum 150 feet
of approach distance on the property in which vehicles may queue prior to reaching the
window.
Driveway means a private way that provides vehicular access from a street to a
parking area, garage, dwelling, or other structure or land use activity.
Dune crossover means an elevated structure for pedestrian and bicycle access
across an area of sand dunes. A crossover is preferable to a walking path to save
vegetation and wearing down of the dune to allow for grass to grow underneath.
Dwelling means any building or structure or part thereof primarily used and occupied
for human habitation or intended to be so used. The following further defines the different
varieties of dwelling distinctions:
a. Dwelling, single-family means a detached building designed exclusively for
occupancy by one family.
b. Dwelling, two-family or duplex means a building either designed, constructed,
altered, or used for two adjoining dwelling units that are connected by a firewall or, if
the units are positioned vertically, by a type one floor and ceiling construction where
the units are joined. A "detached" two-family or duplex consist of dwelling units that
are joined by structure other than a firewall or floor and ceiling.
c. Dwelling, multi family means a building either designed, constructed, altered,
or used for more than two adjoining dwelling units, with each dwelling unit having a
party wall or party floor where it joins at least one other dwelling unit in the building.
This includes but is not limited to apartments, condominiums, townhouses, or any
type of multi family structure.
Dwelling unit means one or more rooms in a dwelling, apartment, boardinghouse,
hotel or motel, designed primarily for occupancy by one family for living, eating, and sleeping
purposes.
Easement means a grant of one or more property rights by the property owner to
and/or for the use by the public, a corporation, or another person or entity.
Existing manufactured home parks or subdivision means a parcel of land divided into
two or more manufactured home lots for rent or sale for which facilities were completed prior
to adoption of the ordinance from which this Land Development Code is derived or prior to
inclusion of property within city limits.
6
Expansion of an existing manufactured home park or manufactured home
subdivision means preparation of additional sites by grading, installing utilities, pads, or
streets, or otherwise adding service facilities.
Existing structure means a structure for which a legal building permit has been
issued, or a structure erected prior to the date of adoption of the governing code.
Existing use means the nature of a property or a structure. An existing use may be
described using terms such as vacant, abandoned, residential, commercial, owner-occupied,
rental, retail, lodging and industrial.
Family means any of the following occupying a dwelling unit, Irving as a single, non-
profit housekeeping unit: (1) any number of persons related by blood, marriage, adoption,
guardianship, or duly-authorized custodian relationship; (2) two unrelated persons and any
children related to either of them; or (3) not more than three persons not related by blood,
marriage, adoption, guardianship, or duly-authorized custodial relationship.
Fence means wood, metal, or masonry structure not greater than eight feet in height
from average adjacent grade.
Flood or flooding means a general and temporary condition of a partial or complete
inundation of normally dry land areas from:
a. The overflow of inland of tidal waters, or
b. The unusual and rapid accumulation or runoff of surface waters from any
source.
Flood insurance rate map (FIRM) means an official map of a community, on which
the Federal Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
Flood insurance study means the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the flood boundary
floodway map and the water surface elevation of the base flood.
Floodlight means unshielded reflector type light fixtures attached directly to a building
or post.
Floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
7
Floor means the top surface of an enclosed area in a building (including basement),
e.g., top of slab in concrete construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for parking vehicles.
Frontage means the horizontal distance between the side lot lines measured at the
point where the side lot lines intersect the street right-of-way. All sides of a lot that abut a
street shall be considered frontage. On curvilinear streets, the arc between the side lot lines
shall be considered the lot frontage.
Garage, public means a garage operated as a business devoted primarily to the
repair, storage, maintenance, service or sales of motor vehicles, or any combination thereof.
Greenspace means land that is undeveloped and covered with grass, trees, shrubs,
or other vegetation.
Gross leasable floor area means the total floor area of a commercial building
designed for tenant occupancy and exclusive use, including basements, mezzanines, and
upper floors, expressed in square feet as measured from the denter line of joint partitions
and from outside wall faces.
Guest cottage means living quarters within a detached accessory building located on
the same lot or parcel of land as the primary structure, used exclusively for housing
members of the family occupying the main building and their nonpaying guests. Such
quarters shall not be rented or otherwise used as a separate dwelling. By no means shall
such a use be considered a separate primary structure and eligible for a minor subdivision if
either resulting lot created will be substandard in size.
Guest room means any room with a private bath and private entrance from the
outside, hall, corridor, or lobby, which may be rented as a single rental unit.
Hardship means the circumstances where special conditions, which were not self-
created or created by a prior owner, affect a particular property and make strict conformity
with the restrictions governing dimensional standards (such as lot area, lot width, setbacks,
yard requirements, or building height) unnecessarily burdensome or unreasonable in light of
the purpose of this Code. Unnecessary hardship is present only where, in the absence of a
variance, no feasible use can be made of the property.
Height of building means the vertical distance measured from the average adjacent
grade of the building to the extreme high point of the building, exclusive of chimneys, heating
units, ventilation ducts, air conditioning units, elevators and similar appurtenances.
Height variance means a variance granted to exceed the maximum height limitations
for allowed uses in a zoning district.
S
Home business office means an office use that is conducted entirely within the
dwelling which is carried on by the occupant thereof and no other individual, and which is
clearly incidental and secondary to the use of the dwelling for residential dwelling purposes.
Home occupation means an occupation customarily carried on within a home for gain
or support, involving the sale of only those articles, products or services produced on the
premises, conducted entirely within a dwelling unit and conducted entirely by persons
residing in that dwelling unit, using only that equipment as is customarily found in a home
and involving no display of articles or products.
Hospital means any place or institution which maintains and operates facilities for the
care, custody and/or treatment of two or more nonrelated persons as patients suffering
mental or physical ailments, and which shall be eligible for a license as a hospital under state
regulations, but shall not be construed to include any dispensary or first-aid treatment
facilities maintained by any commercial or industrial plant, educational institution or convent,
nor to include any nursing care home as herein defined.
Hospital or clinic, special means a hospital which treats communicable diseases,
insane or feebleminded patients, epileptics, drug addicts or alcoholic patients.
Hotel means a building designed to provide accommodations for transients or
persons for short-term residence, with or without meals, and including customary accessory
uses in connection with the principal use.
House means structures occupied by people for the sole purpose of shelter and
accommodations.
Industry means any activity involving the manufacturing or treatment or any
commodity including the assembly, packaging, canning, bottling, or processing of any item.
To change any commodity in composition, form, size, shape, texture, or appearance is
deemed to be an industrial process.
Intersection means the area, whether or not signalized, within which vehicles
traveling upon different roadways joining at any angle might collide.
Junkyard means a junkyard is an open area where waste or scrap materials are
bought, sold, exchanged, stored, baled, packaged, disassembled or handled, including but
not limited to scrap iron and other metals, papers, rags, rubber tires and bottles. A junkyard
includes an auto-wrecking yard but does not include uses established entirely within
enclosed buildings.
Kitchen means an area used for preparation of food, which contains:
9
a, A sink,
b. A refrigerator,
c. A stove or range top, and
d. An oven or utility connections suitable for servicing a range or oven.
If all of the above components are present, the area shall be considered a kitchen.
Light business means a retail or service establishment that operates a low impact
business and has fewer than five employees working at any given time.
Living area means the area of a dwelling unit, enclosed, which is protected from the
elements and heated, including interior halls, closets, and utility and storage areas, but
excluding garages, carports, screened porches, unenclosed, and unheated areas.
Loading space means a space within the main building or on the same lot providing
for the standing, loading, or unloading of trucks, and having a minimum dimension of 12 feet
by 50 feet and minimum vertical clearance of 14 feet.
Lot means a piece, parcel, tract, or plot of land occupied or to be occupied by one (1)
principal building and its accessory buildings and including the required yards and all lots of
record included in any such piece, parcel, tract, or plot of land, and all lots otherwise
designated by this Land Development Code.
a. Corner lot means a lot abutting upon two or more streets at their intersection.
b. Flag lot means a lot with access provided to the bulk of the lot by means of a
narrow corridor.
c. Interior lot means a lot, the side lines of which do not abut on a street.
d. Through lot means an interior lot having frontage on two or more streets.
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10
Lot of record means a lot whose existence, location, and dimensions have been
legally recorded or registered in the Chatham County Clerk of Court's office in a deed or on a
plat.
Lot line means the property line, abutting right-of-way line, or any line defining the
exact location and boundary of a lot.
Lot width means the distance between the property lines measured at the building
line.
Lounge means a commercial establishment dispensing alcoholic beverages for
consumption on the premises and where dancing and entertainment is permitted.
Low profile luminary means light fixture set on a base which raises the light no higher
than 60 inches off the ground and designed so that the light is directed downward from a
hooded light source.
Lowest floor means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access or storage, in an area other than a basement area, is not considered a
building's lowest floor, provided that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of this Land Development
Code.
Maintenance means an activity that restores but not changes the character, scope,
size, or design of a serviceable area, structure, or land use to its previously existing,
authorized, and undamaged condition.
Major subdivision means any subdivision comprising four lots or more, or any
subdivision involving a new street or change in an existing street.
Manufactured home means a transportable factory-built home, designed to be used
as a year-round residential dwelling and built prior to the enactment of the Federal
Manufactured Housing Construction and Safety Standards Act of 1974, which became
effective June 15, 1976. Manufactured homes are not permitted uses in any district.
Manufactured housing means a factory-built, single-family structure that is
manufactured under the authority of 42 USC 5401, the National Manufactured Home
Construction and Safety Standards Act, is transportable in one or more sections, is built on a
permanent chassis, and is designed to be used as a place of human habitation with or
without a permanent foundation when connected to the required utilities. It is not constructed
with a permanent hitch or other device allowing transportation of the unit other than for the
11
purpose of delivery to a permanent site, and which does not have wheels or axles
permanently attached to its body or frame.
Manufactured housing park means a parcel of land which is used or intended to be
used for the rental or lease of spaces, stands, or manufactured houses and the provision of
services for two or more manufactured houses.
Manufactured housing space, stand means a plot of ground within a manufactured
housing park designed for the accommodation of one manufactured house for rent or lease
and not to be bought or sold individually.
Marina means a commercial establishment with a waterfront location used for the
purpose of storing watercraft and pleasure boats on land, in buildings, in slips, or on boatlifts
and including accessory facilities for purposes such as re-fueling, minor repair, and
launching.
Marine facility means a facility which cannot be used for its intended purpose unless
it is located or carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or
seafood processing facilities.
Marquee means a roof-like structure suspended over an entrance to a structure.
Mean sea level(MSL) means the average height of the sea for all stages of the tide.
It is used as a reference for establishing various elevations within the floodplain. For
purposes of this Land Development Code, the term is synonymous with National Geodetic
Vertical Datum (NGVD).
Mezzanine means an intermediate story that projects in the form of a balcony
covered and attached to the dwelling or structure. This is considered to be part of the
structure for measurement purposes.
Minor subdivision means any subdivision comprising three lots or less, and not
involving a new street or change in an existing street.
Mixed occupancy means occupancy of a structure or land for more than one principal
use.
Modular home means a factory fabricated transportable building consisting of units
designed to be incorporated at a building site on a permanent foundation into a permanent
structure to be used for residential purposes and which bears a seal of compliance with
regulations of the Southern Building Code Congress International.
12
Narrow means, for variance purposes, a lot width of less than the 60 feet as required
for a residential lot in Section 10-080(F)(6). A commercial lot does not have a narrow
standard.
Natural or artificial barrier means any river, pond, canal, roadway, railroad levee,
embankment, hedge, fence, tree row or similar obstruction which limits access and/or
visibility.
Nesting season means May 1 through October 31 of each year.
New construction means structures for which the "start of construction" commenced
on or after the effective date of the ordinance from which this Land Development Code is
derived.
Nonconforming use means any building structure or use of land or building lawfully
existing at the effective date of the ordinance from which this Land Development Code is
derived, which does not conform with the provisions of this Land Development Code or
amendments thereto.
Nuisance means anything, condition, or conduct that endangers health and safety, or
unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of
property, or essentially interferes with the comfortable enjoyment of life.
Nursing home means a home for aged or ill persons in which three or more persons
not of the immediate family are provided with food, shelter, and care for compensation, but
not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and
treatment.
Package shop means an establishment that sells alcoholic beverages only in sealed
containers whose contents may not lawfully be consumed on the premises.
Parking garage means a building designed and used for the storage of automotive
vehicles operated as a business enterprise with a service charge or fee being paid to the
owner or operator for the parking or storage of privately owned vehicles.
Parking lot means an area or plot of land used for the storage or parking of vehicles,
including all necessary additional space needed for vehicular access maneuvering thereto or
therefrom.
Parking space means a space not less than nine by 18 feet for one vehicle plus all
necessary additional space needed for vehicular access thereto.
Patio means an uncovered roofless area used for purposes of outdoor activity. The
patio is not considered to be part of the structure for measurement purposes.
13
Personal care home means a building or group of buildings, a facility or place in
which is provided two or more beds and other facilities and services, including room, meals,
and personal care for nonfamily ambulatory adults for compensation. The following are three
specific types of personal care homes:
a. Family personal care home means a home for adults in a family type
residence, noninstitutional in character, which offers care to two through six persons.
b. Group personal care home means a home for adult persons in a residence or
other type building(s), non-institutional in character, which offers care to seven
through 15 persons.
c. Congregate personal care home means a home for adults which offers care
to 16 or more persons.
Pervious means admitting of precipitation to infiltrate the surface or ground.
Planned unit development (PUD) means any single-family planned unit development
on one acre or more, which in design and construction complements the cultural and
historical values of the surrounding area.
Planning Commission means a seven-member body appointed by the mayor and
council to evaluate proposed land use changes and land development proposals in the city.
Point source of light means the actual light source, such as the bulb,fluorescent
tube, lamp, etc., from which light emanates.
Pole lighting means light fixtures set on a base or pole which raises the source of
light higher than 60 inches off the ground.
Porch means a roofed, open structure projecting from the front, side, or rear wall of a
building.
Principal structure means the building or structure in which the principal use of the lot
is conducted. This shall include any buildings which are attached to the principal structure
by a covered structure. Lots with multiple principal uses may have multiple principal
buildings, but storage buildings, garages, and other clearly accessory uses shall not be
considered principal buildings.
Principal use means the primary use of a zoned lot.
Public hearing means an open public meeting for which interested parties may
discuss a specific issue in an orderly manner before a public body.
14
Public notice means a means of informing the general public of a particular event in a
fair and timely manner. Official rules of public notice vary depending on the type of event.
See section 5-050 for specific public notice requirements as they pertain to land use
regulation addressed in this Land Development Code.
Public utility means any person, firm, corporation, municipal department, board or
commission duly authorized to furnish and furnishing under federal, state, or municipal
regulations to the public: natural gas, steam, electricity or other energy sources, water,
sewage collection and disposal, and communication, including cable television.
Recombination of lots means rearrangement of lot boundaries from those already
established.
Recreational vehicle park(RV park) means see "campground."
Redevelopment means any proposed expansion, addition, or major façade change to
an existing building, structure, or parking facility.
Regulated activity means any activity which will, or which may reasonably be
expected to, result in the discharge of dredged or fill material into waters of the United States
excepting those activities exempted in section 404 of the Federal Clean Water Act.
Residential development means one or more buildings or structures or portions
thereof which are designed for and used to provide a place of abode for human beings,
including one and two family detached dwellings, multifamily residences, row houses,
townhouses, and other similar group housing, together with accessory uses and structures
normally common to residential uses including but not limited to garages, sheds, boat
storage facilities, tennis courts, and swimming pools. Residential development shall not
include hotels, motels, or any other type of overnight or transient housing or camping
facilities,
Restaurant means an establishment, however designated, at which food is sold for
consumption on the premises. However, a snack bar or refreshment stand at a public facility
or nonprofit community swimming pool, playground, park, or marina operated solely for the
convenience of patrons of the facility shall not be deemed a restaurant.
Rezoning means the change in zoning classification of any parcel or parcels of land
from one zoning district to another.
Right-of-way means a strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk,
railroad, electric transmission line, water line, sanitary sewer, storm sewer, and other similar
uses.
15
Roof pitch means the geometric angle from the lowest point of the roof to the highest
point of the roof on any structure.
Sand dune means mounds of sand deposited along a coastline by wind action,which
are often covered with sparse, pioneer vegetation and are located landward of the ordinary
high-water mark and may extend into the tree line.
Sand-sharing system means an interdependent sediment system composed of sand
dunes, beaches, and offshore bars and shoals.
School means a facility that provides a curriculum of academic instruction, such as
kindergartens, elementary schools, middle schools, junior high schools, and high schools.
Septic tank means a watertight receptacle that receives a discharge of sewage from
a building, sewer, or part thereof and is designed and constructed to permit settling of solids
from this liquid, digestion of the organic matter, and discharge of the liquid portion into a
disposal area.
Service industry means the provision of services to businesses as well as final
customers in which no goods are produced. Service industries include accounting, plumber,
computer services, restaurants, tourism, and other such consumer services.
Service station means a building or lot where gasoline, oil, and greases are supplied
and dispensed to the motor vehicle trade, and/or where battery, tire and other similar sales
and services are rendered.
Setback means the minimum horizontal distance between the front, rear, or side lot
lines and the existing or proposed edges of the structure. The term "required setback" means
a line beyond which a building is not permitted to extend under provisions set forth in this
Land Development Code establishing minimum depth and widths of yards. Eaves not
exceeding 24 inches are exempt from setback requirements. Eaves in excess of 24 inches
are not exempt from setback requirements to the extent they succeed 24 inches.
Sewer, public means a system that is owned, maintained and operated by the city,
and approved by the state department of natural resources, environmental protection
division.
Shallow means, for variance purposes, a lot that would result in a residential building
depth of less than 20 feet. A commercial lot does not have a shallow standard.
Sign means any area or surface on which lettering or pictorial material is displayed
for the purpose of directing attention to a profession, business commodity, service or
entertainment. Different varieties of signage are defined as follows:
16
a. Advertising bench means a sign painted, located on, or attached to any part
of a bench, seat, or chair placed on or adjacent to a public place or roadway.
b. Animated sign means any sign that uses movement or change of lighting,
either natural or artificial, to depict action or create a special effect or scene.
c. Banner means any sign of lightweight fabric or similar material that is
mounted to a pole or a building at one or more edges. Official flags of any institution
shall not be considered banners.
d. Building marker means any sign indicating the name of a building and date
and incidental information about its construction, and is cut into a masonry surface or
made of bronze or other permanent material.
e. Bulletin board means any sign erected by a charitable, educational or
religious institution or a public body, which is erected upon the same property as said
institution.
f. Canopy sign means a message painted on or applied to a canopy, awning,or
other roof-like structure.
g. Commercial message means any sign wording, logo, or other representation
that, directly or indirectly, names, advertises, or calls attention to a business, product,
service, sale or sales event or other commercial activity.
h. Directional sign means a sign which directs the reader to the location of
public or educational institutions, or to the location of historical structures or areas, or
to the location of public parks or buildings.
Directory sign means signs identifying the name of the development, multi-
use activities within shopping centers, office complexes or apartment complexes.
j. Flashing sign means an illuminated sign on which artificial light or reflected
light is not maintained stationary and constant in intensity and color at all times when
in use.
k, Freestanding sign means a sign which is attached to or a part of a completely
self-supporting structure. The supporting structure shall be set firmly in or below the
ground surface and shall not be attached to any building or any other structure
whether portable or stationary.
Handbill means a printed sheet to be distributed by hand.
m. Identification or information sign means signs of an informational nature
bearing no advertising.
n. Illuminated sign means a sign illuminated directly or indirectly by gas,
electricity, or other artificial light including reflective or fluorescent light.
o. Incidental sign means a sign, generally informational, that has a purpose
secondary to the use of the lot on which it is located, such as "no parking,"
"entrance," "telephone," and other similar directives.
p. Memorial sign means a sign or plaque erected in commemoration of a
person, place or event.
17
q. Nonconforming sign means a sign existing at the effective date of the
adoption of the ordinance from which this Land Development Code is derived which
could not be built under the terms of this Land Development Code.
r. Off-premises sign means a sign which directs attention to a business,
commodity, service, entertainment or attraction sold, offered, or existing elsewhere
than upon the same lot where such sign is displayed. The term "off-premises sign"
shall include an outdoor advertising sign (billboard) on which space is leased or
rented by the owner thereof to others for the purpose of convening a commercial or
noncommercial message.
s. Political sign means any sign consisting of political speech.
t. Portable sign means any sign not permanently attached to the ground or
other permanent structure, or a sign designed to be transported, including, but not
limited to, signs designed to be transported by means of wheels. Signs converted to
A- or T-frames; menu and sandwich board signs; balloons used as a sign; umbrellas
used for advertising; and signs attached to or painted on vehicles parked and visible
from the public right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
u. Projecting sign means any sign that shall be affixed at an angle or
perpendicularly to the wall of any building in such a manner to read perpendicularly
or at an angle to the wall on which it is mounted.
v. Roof sign means any sign erected and constructed wholly on and over the
roof of a building, supported by the roof structure.
w. Snipe sign means an off-premises sign made of any material that is tacked,
mailed, posted, or otherwise attached to a tree, pole, stake, fence, or other object.
x. Temporary sign means a nonpermanent sign erected, affixed, or maintained
on the premises for a short, usually fixed period of time.
y. Wall sign means a single faced sign which is in any manner attached or fixed
flat to an exterior wall of a building or structure. Individual letters in addition to the
box type (e.g., letters and symbols on an attached backing) sign may also be
installed as a wall sign.
z. Window sign means any sign, pictures, symbol, or combination thereof,
designed to communicate information that is placed inside a window or upon the
window.
Site plan means a sketch, prepared to scale, accurately and with complete
dimensioning to include: the boundaries of a site and the location of all buildings, structures,
uses, significant trees, and proposed site development construction for a specific parcel of
land. See sections 5-080(A) and (C) for specific requirements for site plans.
Site variance means a variance granted to vary from regulations and restrictions for
allowed uses in zoning districts, such as setbacks, minimum lot sizes, etc.
18
Special event means a temporary use that extends beyond the normal uses and
standards allowed by the zoning ordinance of the city. "Special event" includes, but is not
limited to, art shows, sidewalk sales, pumpkin and Christmas tree sales, haunted houses,
carnivals, auto shows, grand openings, festivals, exhibitions, bazaars, weddings, and
receptions.
Special review permit means a permit issued by the mayor and council, after
planning commission review and an advertised public hearing. Approval shall confirm that
the proposed use meets all criteria set forth in section 5-070.
Start of construction means beginning of work under a permit.
Street means a public way which provides a principal means of access to abutting
property. Streets are divided into two classifications as follows:
a. Arterial streets means those streets which are designated as arterials on the
major thoroughfare plan and which are used or intended primarily for fast or heavy
traffic.
b. Collector streets means those streets which carry traffic from minor streets to
the major system of arterial streets and highways, including the principal entrance
streets of a residential development and streets for circulation within such a
development.
c. Street, lane means minor ways which are used primarily for vehicular service
access to the back or the side of properties otherwise abutting on a street.
d. Marginal access street means those minor streets which are parallel to and
adjacent to arterial streets and highways; and which provide access to abutting
properties, and protection from through traffic.
e. Minor streets means all other public ways which provide a means of vehicular
access to abutting properties.
f. Opened street means a street shall be deemed to be opened if it is either of
the following:
1. Available for public use and maintained by the city; or
2. Was constructed to city specifications following the adoption of the
ordinance from which this Land Development Code is derived.
g. Private drive means a 20-foot (minimum) access easement dedicated
perpetually for use by residences/lots. The city shall be responsible for neither
maintenance nor city services within the easement, and such shall be stated on the
plat of record.
h. Unopened street means a street or any part thereof shall be deemed to be
unopened if it is not cleared, graded and available for public use.
19
Structural alterations means any change, except for repair or replacement of the
supporting members of a building, such as bearing walls, columns, beams or girders.
Structure means anything constructed or erected, the use of which requires
permanent location on the land, or attachment to something having a permanent location on
the land, and not including manufactured homes.
Subdivision means all divisions of a tract or parcel of land into two or more lots,
building sites, or other divisions for the purpose of immediate or future sale, legacy, or
building development. All divisions of land involving a new street or a change in existing
streets. The term includes the re-subdivision of land and when appropriate to the context
relates to the process of subdivision or to the land subdivided.
Substantial improvement means any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds 50 percent of the Chatham County Tax
Assessor's appraisal or certified appraisal of fair market value of the structure either (1)
before the improvement or repair is started, or (2) if the structure has been damaged and is
being restored, before the damage occurred.
Survey map or plat, (land) means a map, prepared to scale, of a particular piece of
real estate signed and stamped by a registered land surveyor certified by the state. Such
map or plat must also meet all other requirements of G.C.G.A, § 43-15-1 et seq.to be
considered an official survey.
Townhouses means a residential structure containing three or more attached single-
family units designed as a single structure having common or party walls. Each unit shall
have its own front door which opens to the outdoors, but, without access between adjoining
units.
Travel trailer means any vehicle or similar portable structure mounted on wheels,
designed and intended primarily for short-term (under two weeks) occupancy for dwelling or
sleeping or other purposes, and not exceeding 25 feet in length, and any recreational
vehicle.
Undeveloped parcel/vacant lot means a parcel or lot on which there is no permanent
structure or part thereof designed for human habitation, occupation, or use.
Use variance means a variance granted for a use that is not permitted in that zoning
district.
Used car lot means any parcel of land used for storage, display and sales of used
automobiles and where no repair work is done except the necessary reconditioning of the
cars to be displayed and sold on the premises.
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Vacant means having no occupants or contents; empty or unoccupied.
Vacant property means land or buildings that are not actively used for any purpose.
Variance means an authorization by the mayor and council granting permission to
depart from the literal enforcement of this Land Development Code. See criteria for variance,
section 5-090.
Vegetative state means land with plant growth, especially trees, shrubs, vines, ferns,
mosses, and grasses.
Walkway means any public or private route intended and suitable for pedestrian use.
This term includes sidewalks, paths, and trails.
Warehouse means one or more structures containing one or more exclusive,
compartmentalized storage spaces with direct and private access, to be used for storage.
Water, public means a system that is owned, maintained, and operated by the city, a
community corporation, or a privately owned system serving a community and approved by
the Chatham County Health Department.
Wetland means an area that is inundated or saturated by surface water or
groundwater at a frequency and distribution sufficient to support, and under normal
circumstances does support, a prevalence of vegetation typically adapted for life in saturated
soil conditions, commonly known as hydrophytic vegetation.Wetlands generally include
swamps, marshes, bogs, and similar areas.
Wetland protection district means all wetlands within the jurisdiction of Tybee Island,
Georgia as indicated on the wetlands map. Provided, however, that the wetlands map does
not necessarily represent the boundaries of jurisdictional wetlands within Tybee Island and
cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps
of Engineers, as required by section 404 of the Clean Water Act, as amended. Any local
government action under this Land Development Code does not relieve the landowner from
federal or state permitting requirements.
Wetlands map means the current U.S. Fish and Wildlife Service National Wetlands
Inventory Maps for Tybee Island, Georgia.
Yard means an open, unoccupied space, other than a court, on the same lot with a
building, open and unobstructed from the ground to the sky.
a. Front yard means a yard across the full width of the lot extending from the
front line of the lot.
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b. Rear yard means a yard across the full width of the lot, extending from the
rear line of the building to the rear line of the lot.
c. Side yard means a yard between the side line of the building and the
adjacent side line of the lot, extending from the front yard to rear yard. The side yard
extends from the front of the structure to the rear so long as the rear of the structure
is at least 60 feet from the front lot line, otherwise, the side yard extends to the point
which is 60 feet from the front lot line.
Zoning administrator means that person or persons appointed by mayor and council
to enforce the provisions of this Land Development Code.
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.
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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.
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
TybeelOrdinances/2014/55-2014 Art 2 definitions 09.30.14
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