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3-2008_3_TA_3_SouthEndBusinessOverlayDistrict20080527 ORDINANCE NO. 3-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 4-050(O) TO ESTABLISH THE SOUTH END BUSINESS OVERLAY DISTRICT FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the City has established Section 4-050(O) to create the South End Business Overlay District in order to improve and promote the economic development and betterment of the traditional business corridor and tourist area of the City within the district as depicted on the Zoning Map, and shall read as follows: Section 4-050 (O) South End Business Overlay District All commercial and multi-family residential uses are permissible subject to site plan approval. In this district, the site plan and setbacks established herein shall prevail over any setbacks in any other part of the Code, specifically including 3-090 regardless of the use of the property. Mixed uses of the property are permissible. Site Plan approval is required for new construction and redevelopment of existing sites. New construction and when a project includes the redevelopment of a parcel, a development agreement with the owner/developer and the City specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. Signage within the district shall be as specified herein to the extent of any inconsistency with the sign ordinance. Permissible signage shall include sandwich boards not to exceed 3’ x 5’, which may be displayed during business hours on sidewalks immediately adjacent to the 2 business advertised on the sandwich board. No advertising benches shall be permissible in the district. Within the district, café style seating on sidewalks may be permissible provided that sidewalks in the area involved, must be at least 10 feet in length. Sidewalk vending machines are not permissible, no garbage carts shall be permitted in the area and businesses shall be required to use their garbage dumpsters in the rear of the businesses or the City’s compactor within the district. This prohibition does not apply to City garbage and recycling receptacles. Notwithstanding any other provision of the Code, no outdoor selling of merchandise on public or private sidewalks is permissible in the district except as may be allowed in connection with authorized special events. Policies and procedures applicable in this district are on file in the Offices of the Planning and Economic Development Director. This Ordinance shall become effective on ________ day of __________________, 2008. ADOPTED THIS DAY OF , 2008. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: G:/EMH/TYBEE/ORDINANCES/2008/South End Business Overlay District 05.27.08