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HomeMy Public PortalAbout2007-07 7 ORDINANCE NO. 1 -2007 SPECIAL EVENT STRUCTURES AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, TO AMEND THE TEXT OF THE CODE OF ORDINANCES SO AS TO PROVIDE FOR THE ESTABLISHMENT AND USES OF STRUCTURES RENTED FOR SPECIAL EVENTS AND CONDITIONS FOR SUCH USES TO PROVIDE AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, ¶ 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 the City of Tybee Island, Georgia; and WHEREAS, the duly elected governing authority of the City of Tybee Island is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt a text amendment under its police and home rule powers to regulate the use of structures in the city consistent with limitations imposed due to the circumstances associated with special events; NOW THEREFORE BE IT ORDAINED by the governing authority of the City of Tybee Island, Georgia duly authorized as follows: The Code of Ordinances for the City of Tybee Island shall be amended so as to provide a new subsection providing for dwellings or structures rented for special events in the C -2 highway business district following site plan approval and special review and to state the following: SECTION 4 -050 (F)(2)(b) Dwellings or structures rented for special events, provided however, special approval and review shall consider all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to limitations to be placed thereon; and approval by the department of building safety and regulatory services; the methods of lighting signage and buffering as necessary to provide reasonable protection to nearby property owners. Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per fifteen square feet of usable exterior space. As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities, parties, receptions, weddings, ceremonies and similar activities or occasions conducted on the property. A "parking plan" as used herein may include offsite parking arranged by the applicant or owner subject to the approval of the Department of Building Safety and Regulatory Services; parking must accommodate one place per four (4) persons as determined by occupancy as specified herein. Any permitted use must adhere to the approved standards, restrictions, plans and conditions imposed by the Mayor and Council and /or the Department of Building Safety and Regulatory Services. Severability. 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 invalid by the valid judgment or decrees of any court of competent jurisdiction, such illegalities shall not effect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Adoption/Effective Date. The adoption date of this ordinance is $.. • 2 • , 2007, and it shall become effective on that date. OR gas" ATTEST: )k). c )rCAP CLERK OF COUNCIL FIRST READING: 0/0 10T1 SECOND READING4a in ENACTED: (940_0 a0