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HomeMy Public PortalAbout03-2015 ORDINANCE NO. 03-2015 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 4-050, ZONING DISTRICTS, 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 its police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island so as to amend Section 4-050, Zoning districts, to clarify same and for other purposes; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 4-050 of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Section 4-050 will be amended and will read as follows: Sec. 4-050. - Zoning districts. (0) South End business overlay district. All commercial and multi-family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of this Code, specifically including section 3-090 regardless of the use of the property. Mixed uses of the property are permissible. Site plan approval and special review 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 three feet by five feet, which may be displayed during business hours on sidewalks immediately adjacent to the business advertised on the sandwich board. No advertising benches shall be permissible in the district. The existing advertising benches located in the Fourteenth Street parking lot may remain until such time the city provides public benches. Within the district, café style seating on sidewalks may be permissible provided that sidewalks in the area involved,must be at least ten feet in width. 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 and are incorporated herein. 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. ADOPTED THIS/ DAY OF ,2015. V If'6/4 "- '1)7 O A I ST: ( a t �1 C F.RK OF COUNCIL FIRST READING: 12.11.14 SECOND READING: ///,51/ ENACTED: 1 /S • EMH/Tybee/Ordinances/61-2014 Sec 4-050 zoning districts 12.01.14 EMH/Tybee/Ordinances/03-2015 Sec 4-050 zoning districts 12.29.14