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HomeMy Public PortalAbout130_020_Second Reading Ord. 54-2014, Sec. 3-070 electric meter MAYOR CITY MANAGER Jason Buelterman O Diane Schleicher CITY COUNCIL CLERK Wanda Doyle,Mayor Pro Tem i 4 46. Janet LeViner Barry Brown Rob Callahan " CITY ATTORNEY Bill Garbett jar Edward M.Hughes Monty Parks 1401,3417rin 00,0505, 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 23, 2014 Item: Second Reading Explanation: Text Amendment—Ord. 54-2014. Section 3-070, Permissible Structures per Lot; Accessory Structures; City of Tybee Island, petitioner; consideration of electrical meter standards Budget Line Item Number (if applicable): N/A Paper Work: Ai Attached* AI Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912)472-5031 / dotto @cityoftybee.org Comments: Date given to Clerk of Council: October 16, 2014 * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of t Ethics www.cityoftybee.org ��� B L��+-�' Sec. 3-070. Permissible structures per lot; accessory structures. (A) Principle structure on a lot. Only one principle structure and its customary accessory structure are permissible per lot. Single-family residential lots shall be limited to one electrical meter. The one electrical meter standard shall not apply to solar power. Notwithstanding anything herein to the contrary, in C-I zoning districts, the property owner may petition the mayor and council for permission to allow an additional principle use structure per lot, provided the following conditions are met: (1) The property is one lot of 4,200 square feet or larger; (2) The proposed use of the additional structure is permitted in the C-I zone and is compatible with the existing or proposed principle structure use; (3) The proposed use of the additional structure will further the needs of the owners or residents of the principle structure of the general population; (4) All other requirements of the Land Development Code are met, including but not limited to, setback, greenspace, drainage, height limits, etc.; and (5) The permitted additional structure must be restricted to the use approved by the mayor and council and may not be changed without approval by the mayor and council. (B) Detached accessory structures on commercial lots. A detached accessory structure in a commercial district is exempted from the schedule of regulations in section 3-090, but shall conform to the following regulations: (1) No detached accessory structure shall extend beyond the front building line of the principle structure except tents, umbrellas and enclosures. (2) No detached accessory structure shall be more than one story in height. (3) No detached accessory structure shall be located nearer than five feet to any lot line. (4) No detached accessory structure will reduce the amount of parking required for commercial sites as required in section 3-080 (5) No detached accessory structure will materially affect an approved drainage plan on an already improved site or increase the amount of run-off leaving the site in the event the site was improved without an approved drainage plan. Existing drainage for the principal structure will not be reviewed or required to be changed unless the approved drainage plan is not being followed. (6) No detached accessory structure shall be erected or installed without the proper approval from the designated city department. (7) Temporary enclosures. Temporary enclosures are permitted in commercial areas only. This includes any moveable, tent-like shelter intended to provide or actually providing protection from the elements for stored materials, vehicles, or other items, for which a building permit is not required and which a maximum size is 120 square feet. This would include temporary garages of tent-like construction, as well as tarpaulins of plastic or similar type materials supported by wooden or metal frameworks. Such temporary enclosures are to be considered structures under this section and, as such, are governed by the same setback requirements as other structures under this Land Development Code. Tents set up for special occasions, screenhouses, and other such seasonal, recreational enclosures are specifically exempted from this section unless they are used for storage as stated above after written approval from the designated City Department prior to placement. However, if this temporary enclosure becomes permanently anchored, it will be treated as a permanent structure and subject to all permitting requirements. (8) No temporary detached structure will be allowed on the residential use side(s) of a commercial lot where commercial and residential uses are adjacent. 0912512014 (C) Location of detached accessory structures on residential lots. A detached accessory structure in either a residential district or on any lot containing a principle structure whose first floor is used for residential purposes is exempted from the schedule of regulations in section 3-090, but shall conform to the following regulations: (1) No detached structure except a carport shall extend beyond the front building line of the principle structure. (2) No detached accessory structure shall be more than one story in height. (3) No detached accessory structure shall be located nearer than five feet to any lot line. A caretaker's cottage or guest cottage must meet the same front, side and rear setback requirements as required for a principle structure. (D) Location of attached accessory structures on residential lots. An attached accessory structure in either a residential district or on any lot containing a principle structure, the ground floor of which is used for residential purposes, shall be considered as an integral part of the principle structure and shall be constructed, altered or otherwise be developed in accordance with the regulations governing Flood Damage Prevention (Article 8) and side yard, rear yard and front yard setbacks for principle structures in the district. (E) Kiosks. A kiosk is considered a permanent structure for interpretation of the Land Development Code and ordinances of the city. A kiosk may be a principle structure or an accessory structure depending upon the circumstances existing on the property. A kiosk that is intended to operate as an independent business not associated with a principle structure or use shall require site plan approval. (F) Principle structures in the Maritime-District. Within the Maritime-District (M-D) more than one (1) principle structure shall be allowed for permitted uses with site plan approval and special review by the mayor and council. (Ord. No. 2002-11, 6-13-2002; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-11 Accessory, amended 8-29-2002; Ord. No. 2010-01, 2-25-2010; Ord. No. 11-2011, 4-14-2011) 2 0910812014 230.1 ARTICLE 230 SERVICES (3) Fuse Locations. Suitable warning signs shall be General Part I erected in a conspicuous place adjacent to fuses, warning Overhead Service Conductors Part II Underground Conductors Part III operators not to re p lace fuses while the circuit is energized. Servic e-Entr anc e Co nductors Part IV Service Equipment—General Part V (4) Backfeed.The following steps shall be taken where the Service Equipment—Disconnecting Means Part VI possibility of backfeed exists: Service Equipment—Overcurrent Protection Part VII p ty Services Exceeding 600 Volts,Nominal Part VIII (a) Each group-operated isolating switch or disconnect- Source ing means shall bear a warning notice to the effect that Overhead Underground contacts on either side of the device might be energized. Last pole Street main (b) A permanent, legible, single-line diagram of the station switching arrangement, clearly identifying each Part II Overhead ( Underground Part III service conductors service conductors point of connection to the high-voltage section, shall be 230.24 Clearances Depth of burial 230.49 provided in a conspicuous location within sight of each and protection point of connection. Service head Terminal box, meter,or other (5) Metal-Enclosed and Metal-Clad Switchgear. Where enclosure metal-enclosed switchgear is installed, the following steps shall be taken: Service-entrance Part IV (a) A permanent, legible, single-line diagram of the conductors switchgear shall be provided in a readily visible location within sight of the switchgear, and this diagram shall Service equipment—general Part V clearly identify interlocks,isolation means, and all possible Grounding and bonding o Article 250 sources of voltage to the installation under normal or emer- Disconnecting means • Part VI gency conditions, including all equipment contained in each cubicle, and the marking on the switchgear shall Overcurrent protection Part VII cross-reference the diagram. Exception to (a):Where the equipment consists solely of a Branch circuits Articles 210,225 Feeders Articles 215,225 single cubicle or metal-enclosed unit substation containing only one set of high-voltage switching devices, diagrams shall not be required. Figure 230.1 Services. (b) Permanent,legible signs shall be installed on panels or doors that provide access to live parts over 600 volts and shall carry the wording "DANGER—HIGH VOLTAGE" I. General to warn of the danger of opening while energized. 230.2 Number of Services. A building or other structure (c) Where the panel provides access to parts that can served shall be supplied by only one service unless permit- only be de-energized and visibly isolated by the serving ted in 230.2(A) through (D). For the purpose of 230.40, utility,the warning shall include that access is limited to the Exception No. 2 only, underground sets of conductors, serving utility or following an authorization of the serving 1/0 AWG and larger,running to the same location and con- utility. netted together at their supply end but not connected to- gether at their load end shall be considered to be supplying one service. (A) Special Conditions. Additional services shall be per- ARTICLE 230 witted to supply the following: Services (1) Fire pumps • (2) Emergency systems (3) Legally required standby systems 230.1 Scope. This article covers service conductors and (4) Optional standby systems equipment for control and protection of services and their (5) Parallel power production systems installation requirements. (6) Systems designed for connection to multiple sources of Informational Note: See Figure 230.1. supply for the purpose of enhanced reliability 70_78 NATIONAL ELECTRICAL CODE 2011 Edition ARTICLE 230—SERVICES 230.23 (B) Special Occupancies.By special permission,additional Exception No. 1: Grounding conductors and bonding services shall be permitted for either of the following: jumpers. (1) Multiple-occupancy buildings where there is no available Exception No. 2: Load management control conductors space for service equipment accessible to all occupants having overcurrent protection. (2) A single building or other structure sufficiently large to make two or more services necessary 230.8 Raceway Seal. Where a service raceway enters a building or structure from an underground distribution sys- (C) Capacity Requirements. Additional services shall be tern, it shall be sealed in accordance with 300.5(G). Spare peixuitted under any of the following: or unused raceways shall also be sealed. Sealants shall be (1) Where the capacity requirements are in excess of 2000 identified for use with the cable insulation, shield, or other amperes at a supply voltage of 600 volts or less components. (2) Where the load requirements of a single-phase installa- tion are greater than the serving agency normally sup- 230.9 Clearances on Buildings. Service conductors and plies through one service final spans shall comply with 230.9(A), (B), and (C). (3) By special permission (A) Clearances. Service conductors installed as open con- (D) Different Characteristics. Additional services shall ductors or multiconductor cable without an overall outer • be permitted for different voltages, frequencies, or phases, jacket shall have a clearance of not less than 900 mm (3 ft) or for different uses, such as for different rate schedules. from windows that are designed to be opened, doors, porches, balconies, ladders, stairs, fire escapes, or similar (E) Identification. Where a building or structure is sup- locations. plied by more than one service, or any combination of branch circuits, feeders, and services, a permanent plaque Exception: Conductors run above the top level of a win- or directory shall be installed at each service disconnect dow shall be permitted to be less than the 900 mm (3-ft) location denoting all other services, feeders, and branch requirement. circuits supplying that building or structure and the area served by each. See 225.37. (B) Vertical Clearance. The vertical clearance of final spans above,or within 900 mm(3 ft)measured horizontally 230.3 One Building or Other Structure Not to Be Sup- of, platforms, projections, or surfaces from which they might be reached shall be maintained in accordance with plied Through Another. Service conductors supplying a 230.24(B). building or other structure shall not pass through the inte- rior of another building or other structure. (C) Building Openings. Overhead service conductors shall not be installed beneath openings through which ma- 230.6 Conductors Considered Outside the Building. terials may be moved, such as openings in farm and corn- Conductors shall be considered outside of a building or mercial buildings, and shall not be installed where they other structure under any of the following conditions: obstruct entrance to these building openings. (1) Where installed under not less than 50 mm (2 in.) of concrete beneath a building or other structure 230.10 Vegetation as Support. Vegetation such as trees (2) Where installed within a building or other structure in a shall not be used for support of overhead service conductors. raceway that is encased in concrete or brick not less than 50 mm (2 hi.) thick II. Overhead Service Conductors (3) Where installed in any vault that meets the construction requirements of Article 450, Part III 230.22 Insulation or Covering. Individual conductors (4) Where installed in conduit and under not less than shall be insulated or covered. 450 mm (18 in.) of earth beneath a building or other Exception: The grounded conductor of a multiconductor structure cable shall be permitted to be bare. (5) Where installed in overhead service masts on the out- side surface of the building traveling through the cave 230.23 Size and Rating. of that building to meet the requirements of 230.24 (A) General. Conductors shall have sufficient ampacity to 230.7 Other Conductors in Raceway or Cable. Conduc- carry the current for the load as calculated in accordance tors other than service conductors shall not be installed in with Article 220 and shall have adequate mechanical the same service raceway or service cable. strength. 2011 Edition NATIONAL ELECTRICAL CODE 70-79 (v-t0-l.' SECTION 3 C, GACtim eod GENERAL PROVISIONS Sec. 3-1 Interpretation and Application. Interpreting and applying these Regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these Regulations. Except as hereinafter provided these Regulations shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, or other agreements between parties. Whenever theeprovisions of these Regulations impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of lot to be left occupied than the provisions of other Ordinances, Rules, Regulations, Permits, or any Easements, Covenant, or other Agreements between parties, the provision of these Regulations shall govern. Sec. 3-2 Zoning Affects All Land and Buildings. No land, building, or structure shall be used, no building or structure shall be erected, and no existing building or structure shall be moved, added to, enlarge, or altered except in conformity with these Regulations. Sec. 3-3 Only One Principal Building or Use Upon Any Lot. Every building or use erected or established shall be located upon a lot as herein defined and, except as herein provided, there shall be no more than one principal building or use upon any lot. Single-family residential lots shall be limited to one electrical meter. Sec. 3-4 Reduction or Change in Lot Size. A lot as defined by this Ordinance which is occupied by a building or structure shall not be reduced or changed in size so that the total area, lot width, front, side, or rear setbacks, lot area, lot width, front, side, or rear building coverage, or other dimensions, area, or open spaces required by these Regulations, are not maintained unless such reduction is needed to provide land for public use. When two or more lots of record have been occupied by a building or structure as a single building site, and such building site has an area and a width equal to or less than the area and width required for lots as defined by this Ordinance for the zoning district in which such building site is located, then the area and/or width of such building site shall not be reduced except where such reduction is needed to provide land for a public purpose. The Board of Appeals shall not be authorized to vary this requirement. A lot shall not be divided so as to produce a tract of land which does not comply with the width and area requirements for a lot in the zoning district in which such lot is located, unless said tract 20 Revised 2/14/97 ORDINANCE NO. 54-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO SECTION 3-070, PERMISSIBLE STRUCTURES PER LOT; ACCESSORY STRUCTURES FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code dealing with permissible structures per lot to clarify same and for other purposes, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Section 3-070 is hereby amended so that hereafter the ordinance shall read as hereinafter provided. SECTION 1 Section 3-070, Permissible structures per lot; accessory structures, is hereby amended and it shall hereafter read as follows: Sec. 3-070. Permissible structures per lot; accessory structures. (A) Principle structure on a lot. Only one principle structure and its customary accessory structure are permissible per lot. Single-family residential lots shall be limited to one electrical meter. The one electrical meter standard shall not apply to solar power. Notwithstanding anything herein to the contrary, in C-I zoning districts,the property owner may petition the mayor and council for permission to allow an additional principle use structure per lot, provided the following conditions are met: (1) The property is one lot of 4,200 square feet or larger; (2) The proposed use of the additional structure is permitted in the C-I zone and is compatible with the existing or proposed principle structure use; (3) The proposed use of the additional structure will further the needs of the owners or residents of the principle structure of the general population; (4) All other requirements of the Land Development Code are met, including but not limited to, setback, greenspace, drainage, height limits, etc.; and (5) The permitted additional structure must be restricted to the use approved by the mayor and council and may not be changed without approval by the mayor and council. (B) Detached accessory structures on commercial lots. A detached accessory structure in a commercial district is exempted from the schedule of regulations in section 3-090, but shall conform to the following regulations: (1) No detached accessory structure shall extend beyond the front building line of the principle structure except tents, umbrellas and enclosures. (2) No detached accessory structure shall be more than one story in height. (3) No detached accessory structure shall be located nearer than five feet to any lot line. (4) No detached accessory structure will reduce the amount of parking required for commercial sites as required in section 3-080 (5) No detached accessory structure will materially affect an approved drainage plan on an already improved site or increase the amount of run-off leaving the site in the event the site was improved without an approved drainage plan. Existing drainage for the principal structure will not be reviewed or required to be changed unless the approved drainage plan is not being followed. (6) No detached accessory structure shall be erected or installed without the proper approval from the designated city department. (7) Temporary enclosures. Temporary enclosures are permitted in commercial areas only. This includes any moveable, tent-like shelter intended to provide or actually providing protection from the elements for stored materials, vehicles, or other items, for which a building permit is not required and which a maximum size is 120 square feet. This would include temporary garages of tent-like construction, as well as tarpaulins of plastic or similar type materials supported by wooden or metal frameworks. Such temporary enclosures are to be considered structures under this section and, as such, are governed by the same setback requirements as other structures under this Land Development Code. Tents set up for special occasions, screenhouses, and other such seasonal, recreational enclosures are specifically exempted from this section unless they are used for storage as stated above after written approval from the designated City Department prior to placement. However, if this temporary enclosure becomes permanently anchored, it will be treated as a permanent structure and subject to all permitting requirements. (8) No temporary detached structure will be allowed on the residential use side(s) of a commercial lot where commercial and residential uses are adjacent. (C) Location of detached accessory structures on residential lots. A detached accessory structure in either a residential district or on any lot containing a principle structure whose first floor is used for residential purposes is exempted from the schedule of regulations in section 3-090, but shall conform to the following regulations: (1) No detached structure except a carport shall extend beyond the front building line of the principle structure. (2) No detached accessory structure shall be more than one story in height. (3) No detached accessory structure shall be located nearer than five feet to any lot line. A caretaker's cottage or guest cottage must meet the same front, side and rear setback requirements as required for a principle structure. (D) Location of attached accessory structures on residential lots. An attached accessory structure in either a residential district or on any lot containing a principle structure, the ground floor of which is used for residential purposes, shall be considered as an integral part of the principle structure and shall be constructed, altered or otherwise be developed in accordance with the regulations governing Flood Damage Prevention (Article 8) and side yard, rear yard and front yard setbacks for principle structures in the district. (E) Kiosks. A kiosk is considered a permanent structure for interpretation of the Land Development Code and ordinances of the city. A kiosk may be a principle structure or an accessory structure depending upon the circumstances existing on the property. A kiosk that is intended to operate as an 2 independent business not associated with a principle structure or use shall require site plan approval. (F) Principle structures in the Maritime-District, Within the Maritime-District (M-D) more than one (1) principle structure shall be allowed for permitted uses with site plan approval and special review by the mayor and council. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. 3 ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/54-2014 Sec 3-070 permissible structures 09.26.14 4