Loading...
HomeMy Public PortalAbout2008-040 q ORDINANCE NO. 40 -2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 3 -060 REGARDING BED AND BREAKFAST REGULATIONS 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, WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances in order to expand the number of permissible units, to allow afternoon snacks, to provide for special events permission following a site plan approval, and provide for limitations on such special events. NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Code Section 3 -060 is amended so that hereafter such section shall read as follows: Sec. 3 -060. Bed and breakfast regulations. There are two types of bed and breakfast uses defined in this Land Development Code, a bed and breakfast and a bed and breakfast inn. A bed and breakfast is permitted in certain residential areas and intended to be residential in nature. Any slight diversion from the bed and breakfast parameters will change a residential use to a commercial use. A bed and breakfast inn is intended for commercial districts only. Therefore, there can be no variance from the regulations specific to a bed and breakfast. Such a variance will alter the use of the property and thus require a change in the zoning district. The regulations that list requirements for both types of bed and breakfast uses are as follows: (A) Bed and breakfast (residential). (1) Limited to no more than seven (7) rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. (2) The owner is required to live on premises and agree to make available proof of residency. (3) Food service limited to breakfast for guests only and to be served between the hours of 5:00 a.m. - -12:00 noon and an afternoon snack. (4) Under no circumstances will an alcoholic beverage license be issued. (5) No less than one off - street parking space per rental unit, and a minimum of two parking spaces for the owner. (6) A buffer is required with a minimum height of six feet. (7) One on- premises sign, not to exceed 12 square feet, may either be posted on the building or on a post. A post sign may not exceed a height of six feet from the highest point of the sign. A post sign is to be located no nearer than ten feet off the right -of- way. No signs are to be allowed that are illuminated from within. Post signs may be lit with no more than two spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Signs posted on the building may be lit with no more than one spotlight with wattage not to exceed 75 watts. All sign designs must be submitted as a part of the conditional use permit drawn using a one -fourth inch scale. (8) A limited site plan approval is required to show the number and location of guest rooms, the parking plan, and the proposed design for the buffer. All site plans must be submitted on or along with a valid survey of the property. (9) Small special events are permitted not to exceed twenty guests upon completion of a special review to include standards and restrictions to hours of operation, and requirements with respect to lighting, parking, signage, and buffering so as not to unreasonably interfere with the residential uses of abutting properties. (10) A public hearing before the mayor and council is required. This permit is only valid as long as all conditions specified are met. Any permitted use must adhere to the approved standards, restrictions and parking plans and any other conditions imposed by the mayor and council. (B)Bed and breakfast inns (commercial). These land uses are subject to an approved site development plan as required for all commercial development under section 5 -080. (Ord. Correction to dates, amended 4 -14 -2005) This Ordinance shall become effective on / I H day o &f ("C4f J_r , 2008. 2 ADOPTED THIS 11 DAY OF DECEMBER, 2008. • OR ATTEST: AJ CLERK OF COUNCIL FIRST READING: 11/13/08 SECOND READING: 12/11/08 ENACTED: 12/11/08 G:/EMH/TYBEE/ORDINANCES /2008 /Bed & Breakfast 12.23.08 3