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HomeMy Public PortalAbout2009-01ORDINANCE NO. 29 -2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 4 -050 TO ESTABLISH THE NORTH END CULTURAL 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 its police, zoning, and home rule powers, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Code Section 4 -050 be amended to add Section 4050 (Q) to establish the North End Cultural Overlay District and shall read as follows: SECTION I Section 4 -050 (Q) North End Cultural Overlay District 1. Purpose The purpose of the North Beach Overlay is to promote the development of properties in a manner that promotes arts, cultural, heritage, and educational opportunities in conjunction with recreational and light commercial uses while protecting surrounding residential uses from adverse impact. The North Beach Overlay will provide for a livable environment for residents and visitors alike. 2. Applicability The North Beach Overlay may only be implemented within specific geographic areas as defined in Exhibit A. Existing conditions of zoning which apply to North Beach Overlay properties shall be repealed upon official designation of the North Beach Overlay. 3. Permitted Uses The following uses, though not exclusive, are specifically permitted within the North Beach Overlay: i. Municipal and public safety uses; ii. Cultural, educational and historical facilities, including re- enactment activities; iii. Parks and open space to include passive and active parks; iv. Picnic grounds, barbecue pits and similar cooking facilities; v. Shelters, observation decks, platforms, pavilions, storage sheds; patios, and restroom facilities; vi. Pedestrian walkways, sidewalks, and bicycle trails; vii. Jogging trails, tennis courts, swimming pools and bicycling paths; and viii. Publicly owned facilities operated under lease or agreement with the City for commercial or fraternal purposes. 4. Prohibited Uses The following uses, though not exclusive, are specifically prohibited within the North Beach Overlay: Any activity involving operating, riding, or the use of the following: i. Golf courses, except for miniature golf courses. ii. Survival games. iii. Any activity involving the use of crossbows, archery, firearms, including hunting, skeet - shooting and target practice. iv. Dumping of trash, waste or other materials of any kind. v. Fireworks. 5. Site Plan Review Any expansion of existing uses requires site plan review and approval by the Planning Department of the City of Tybee Island. Any new use that is expressly permitted by this Ordinance requires site plan review and approval by the Planning Department of the City of Tybee Island. All submittals for site plan review must comply with Section 5 -040 of the Tybee Land Development Code. SECTION II It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on ___- ._p day of J g ✓4 , 200N. ADOPTED THIS T DAY OF JQnuxxr , 200 . J M0*0R ATTEST: CLERK OF COUNC�L FIRST READING SECOND READING: ENACTED: l 2� 1�10� 0lI og (og A Exhibit A North End Cultural Overlay ty