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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.
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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
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