HomeMy Public PortalAbout56-2014 ORDINANCE NO. 56-2014
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
RELATING TO LDC 4-050(R) SUBSECTIONS (2), (5) AND (7)
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 Land Development Code
pertaining to the Neighborhood grocery store district, and,
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the LDC, Section 4-050(R), subsections (2), (5) and (7) are hereby amended so that
hereafter the ordinance shall read as hereinafter provided. Provided further, that the Official
Zoning Map of the City of Tybee Island shall be amended to reflect this rezoning.
SECTION 1
LDC, Section 4-050(R), subsections (2), (5) and (7) are hereby amended and it shall
hereafter read as follows:
(2) Applicability. The neighborhood grocery store district shall encompass those properties
currently described as Property Identification Numbers 4-0006-19-018, Ward 3, Tybee Island,
Georgia, and 4-0006-20-009 also known as Lot 28-A, Ward 3, Tybee Island, Georgia.
(5) Buffer. A buffer of not less than three feet, including arboreal features and suitable
fencing, shall be provided where the grocery store and parking is adjacent to the right of way of
Lovell Avenue and neighboring residential property.
Notwithstanding the foregoing buffer requirements, there shall be additional buffer
requirements upon the parcel identified as parcel number 4-0006-20-009. Such parcel shall have
a five (5) foot setback running from the parcel's property lines. Nothing shall be allowed in the
five (5) foot setback other than an eight (8) foot wooden privacy fence, trees and vegetation. The
fence shall be maintained only on those parcel lines that abut property either zoned residential or
which is being currently used as residential.
(7) Notwithstanding anything to the contrary, the parcel described as Parcel Identification
Number 4-0006-20-009 shall be limited to the following uses:
(a) Parking of vehicles, which are either owned or leased by the owner of the
adjacent grocery store, or the stores employees, located on the lot on the east side of Lovell
Avenue adjacent to the subject lot; and,
(b) Parking of temporary storage containers used to store products which are sold in
the grocery store located on the lot on the east side of Lovell Avenue adjacent to the subject lot.
The temporary storage containers must be capable of being removed immediately upon notice
provided by the appropriate authorities.
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
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intention. Provided further, the Official Zoning Map of the City of Tybee Island shall be
amended to reflect this rezoning.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS 9 DAY OF October , 2014.
OR
ATTEST:
CLERK OF COUNCIL
FIRST READING: 9/18/2014
SECOND READING: 10/9/2014
ENACTED: 10/9/2014
Tybee/Ordinances/2014/56-2014 Neighborhood Grocery Text Am. 10.01.14
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