HomeMy Public PortalAbout20190311_PC_PACKET.pdfPLANNING COMMISSION
Demery Bishop
Ron Bossick
Marianne Bramble
Tina Gann
Charles Matlock
David McNaughton
Alan Robertson
A. Call to order:
E_ ,
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
Planning Commission Meeting
AGENDA
March 11, 2019 — 7:00 p.m.
For City Council Meeting April 11„ 2019 — 7: 00 p.m.
B. Consideration of Minutes:
1. Minutes of February 11, 2019
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
1. Text Amendment: Sec. 5-090. Variances. (B) Height — text addition/change.
CITY ATTORNEY
Edward M. Hughes
F. Discussion and Presentation:
1. Carrying Capacity Study Implementation Coastal Incentive Grant — Goodwyn Mills Cawood
Ecological Planning Group — Courtney Reich
2. Sec. 4-050 -Zoning districts (G) changes to the NM district to potentially limit uses.
3. Sec. 3-090 —Schedule of development regulations (A) (1) Interpretation of the 200' rule.
Adjournment:
Lisa L. Schaaf
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
•'
_? f}
M. LU 9r�I
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
Planning Commission Meeting
AGENDA
March 11, 2019 — 7:00 p.m.
For City Council Meeting April 11„ 2019 — 7: 00 p.m.
B. Consideration of Minutes:
1. Minutes of February 11, 2019
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
1. Text Amendment: Sec. 5-090. Variances. (B) Height — text addition/change.
CITY ATTORNEY
Edward M. Hughes
F. Discussion and Presentation:
1. Carrying Capacity Study Implementation Coastal Incentive Grant — Goodwyn Mills Cawood
Ecological Planning Group — Courtney Reich
2. Sec. 4-050 -Zoning districts (G) changes to the NM district to potentially limit uses.
3. Sec. 3-090 —Schedule of development regulations (A) (1) Interpretation of the 200' rule.
Adjournment:
Lisa L. Schaaf
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
PLANNING COMMISSION
Demery Bishop
Ron Bossick
Marianne Bramble
Tina Gann
Charles Matlock
David McNaughton
Alan Robertson
E_ ,
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
Planning Commission Meeting
MINUTES
February 11, 2019
CITY ATTORNEY
Edward M. Hughes
Ron Bossick called the February 11, 2019, Tybee Island Planning Commission meeting to order.
Commissioners present were Alan Robertson, David McNaughton, Tina Gann, Ron Bossick, Marianne
Bramble, and Charles Matlock. Demery Bishop was not present.
Planning Commission Oath administered by Mayor Jason Buelterman
(2 -year terms end January 31, 2021):
Ron Bossick stated the first order of business would be the installation of our newly appointed members,
which are Alan Robertson, David McNaughton and Charles Matlock. He asked Mayor Bueltennan to come
up and administer the oath to the new members. Mayor Jason Buelterman approached the Planning
Commission and asked the newly appointed members to stand and raise their right hand and repeat after him
the oath. Mayor Jason Buelterman then thanked the new members and stated how important their work is to
this community.
Elections:
Ron Bossick asked if there were any nominations for Chair and Vice Chair of the Planning Commission. Alan
Robertson made a motion to nominate Demery Bishop for Chair and Ron Bossick for Vice Chair. Marianne
Bramble seconded. The vote to approve was unanimous.
Consideration of Minutes:
Vice Chair Ron Bossick asked for consideration of the January 14, 2019 meeting minutes. Alan Robertson
made a motion to approve. Marianne Bramble seconded. The vote to approve was unanimous.
Disclosures/Recusals:
Vice Chair Ron Bossick asked if there were any disclosures or recusals. There were none.
Old Business:
Vice Chair Ron Bossick asked if there was any old business. Alan Robertson asked what the status of the
Casino Boat is. Mr. Shaw stated the owner said he did not intend to reapply with Tybee.
Alan Robertson also stated the experience with the boat suggest the need for some sort of limitation of what
could be placed at that dock in the future. In addition, the area needs to look at some of the issues that came up
and address then. He also stated that any other business even if it is small could create problems. Mr. Shaw
stated to the best of his knowledge none of the water-based businesses have ever been asked to do a site plan.
The land-based businesses have. In addition, yes this did bring up that we have a lot of overlap in that area.
Mr. Shaw stated yes we could certainly look into those issues.
•'
_? f}
M. LU 9r�I
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
Planning Commission Meeting
MINUTES
February 11, 2019
CITY ATTORNEY
Edward M. Hughes
Ron Bossick called the February 11, 2019, Tybee Island Planning Commission meeting to order.
Commissioners present were Alan Robertson, David McNaughton, Tina Gann, Ron Bossick, Marianne
Bramble, and Charles Matlock. Demery Bishop was not present.
Planning Commission Oath administered by Mayor Jason Buelterman
(2 -year terms end January 31, 2021):
Ron Bossick stated the first order of business would be the installation of our newly appointed members,
which are Alan Robertson, David McNaughton and Charles Matlock. He asked Mayor Bueltennan to come
up and administer the oath to the new members. Mayor Jason Buelterman approached the Planning
Commission and asked the newly appointed members to stand and raise their right hand and repeat after him
the oath. Mayor Jason Buelterman then thanked the new members and stated how important their work is to
this community.
Elections:
Ron Bossick asked if there were any nominations for Chair and Vice Chair of the Planning Commission. Alan
Robertson made a motion to nominate Demery Bishop for Chair and Ron Bossick for Vice Chair. Marianne
Bramble seconded. The vote to approve was unanimous.
Consideration of Minutes:
Vice Chair Ron Bossick asked for consideration of the January 14, 2019 meeting minutes. Alan Robertson
made a motion to approve. Marianne Bramble seconded. The vote to approve was unanimous.
Disclosures/Recusals:
Vice Chair Ron Bossick asked if there were any disclosures or recusals. There were none.
Old Business:
Vice Chair Ron Bossick asked if there was any old business. Alan Robertson asked what the status of the
Casino Boat is. Mr. Shaw stated the owner said he did not intend to reapply with Tybee.
Alan Robertson also stated the experience with the boat suggest the need for some sort of limitation of what
could be placed at that dock in the future. In addition, the area needs to look at some of the issues that came up
and address then. He also stated that any other business even if it is small could create problems. Mr. Shaw
stated to the best of his knowledge none of the water-based businesses have ever been asked to do a site plan.
The land-based businesses have. In addition, yes this did bring up that we have a lot of overlap in that area.
Mr. Shaw stated yes we could certainly look into those issues.
New Business:
Variance: requesting to impact marshland to maintain right of way—Polk Street right of way & 318 Polk
Street—City of Tybee & Michael Leonard —Zone C2 -EC -4-0025-01-005Y & 005Z.
Mr. Shaw approached the Planning Commission and stated that this property has been on the agenda a few
times. The City is seeking to maintain the City's right-of-way in conjunction of working with Mr. Leonard so
he can maintain his driveway. He stated we need to give ourselves the variance and then apply with the State.
The reason we are reapplying for the variance again is that we have not received the pen -nit before the variance
expires. Mr. Alton Brown with Resource and Land consultants working as the agent on behalf of the City of
Tybee Island approached the Planning Commission and stated the Corp of Engineers permit has been obtained
for the road improvements and maintenance. We have also applied to the DNR for a coastal marshlands permit.
He also stated because of the two recent hurricanes and a variety of other things the project review by Coastal
Resources Division has been delayed. Now we are back on track with the review and need to renew the
variance. The DNR line has been surveyed again and will be updated. The scope of the project will stay the
same. Alan Robertson asked how long will this construction take. Mr. Brown stated that the Corp of
Engineers pen -nit is valid until 2022 and the Coastal marshlands permit will be valid for five years from the
day that it is issued. Alan Robertson made a motion to approve. Marianne Bramble seconded. The vote to
approve was unanimous.
Discussion and Presentation:
Carrying Capacity Study Implementation Coastal Incentive Grant — Goodwyn Mills Cawood
Ecological Planning Group — Courtney Reich
Mr. Shaw approached the planning commission and stated Ms. Reich did not show tonight so he would try to
share what he knows about the grant. He stated the coastal incentive grant had three goals or outputs. One a
water and sewer rate setting which has been done and will be looked at. Two would be potential code changes
to reduce density due to water and sewer issues and another to reduce impacts in areas that flood. The one
point Courtney wants to point out is whether we want to make some changes to the code to reduce the potential
density with an example being how a variety of lots that could become two lots. Also changing the 65 percent
buffer greenspace. With the amount of rentals on the Island, there is a big demand to fill every buildable space
on lots. In addition, the pool market has expanded from the rental market and those take up the greenspace.
Mr. Shaw stated those are some of the issues I know Ms. Reich wanted to bring up. Vice Chair Ron Bossick
stated he would like to ask Courtney Reich to come back to Planning Commission at the next meeting so they
can ask the questions they have. Alan Robertson stated that our March meeting would be a good time for
Courtney Reich to come since she will have went to City Council February 28, 2019, that will give us input
from City Council.
Adjournment: Tina Gann made a motion to adjourn. Marianne Bramble seconded. Meeting adjourned at
7:30pm.
Lisa L. Schaaf
Sec. 5-090. - Variances.
(A) Standards. After an application has been submitted to the designated city official, reviewed by
the planning commission, and a public hearing has been held by the mayor and council, the
mayor and council may grant a variance from the strict application of the provisions in this Land
Development Code only if a physical circumstance, condition, or consideration exists as
described in subsection (1).
(1) There are unique physical circumstances or conditions or considerations beyond that of
surrounding properties, including a substandard lot of record that existed prior to March 24, 1971
(see section 3-040); irregularity; narrowness; or shallowness of the lot shape; or exceptional
topographical or other physical circumstances, conditions, or considerations related to the
environment, or to safety, or to historical significance, that is peculiar to the particular property;
and;
(2) Because of such physical circumstances or conditions or considerations, the property cannot
be developed in strict conformity with the provisions of this Land Development Code, without
undue hardship to the property.
(3) A nonconforming use or structure does not constitute a unique physical circumstance,
condition, or consideration.
(B) Height. No part of any structure shall project beyond 35 -feet above the average adjacent
grade of a property except:
(1) ,
elevators, solar panels and similar appurtenanGes needed to operate and MaintaiR the building
nnwhirh they aro IGGat r! Those items specifically excluded from consideration as described in
Section 2-010 Terms and Definitions: Height of building.
(2) The following items that were existing on the date of the adoption of this ordinance: flag poles,
television aerials, water towers and tanks, steeples and bell towers, broadcasting and relay
towers, transmission line towers, and electric substation structures.
(C) Variance longevity. After a variance has been granted by the mayor and council it shall be
valid for a period of 12 months from date of approval. Such approval is based on information
provided in the application. Building permits may only be granted for plans consistent with the
approved application. Any deviation from the information submitted will require separate approval
by the mayor and council.
(D) Reviewing variance applications. The designated city official, planning commission, and
governing body, shall consider the factors stated herein in reviewing variance applications in
taking action on a particular variance. In exercising the powers to grant variances, the mayor and
council may attach any conditions to its approval which it finds necessary to accomplish the
reasonable application of the requirements of these regulations.
(E) Application approval. Notwithstanding any other provisions of this Code of Ordinances, the
designated city official may approve applications for variances without the need of public
hearings and without the need of review by the planning commission or the mayor and council as
follows:
(1) When either of the following circumstances exists:
a. The proposed improvement or alteration will not result in an expansion of the existing footprint
of the existing structure; or
b. No additional encroachment into any setback shall be created by the proposed improvement,
construction or addition.
(2) When each of the following circumstances also exists:
a. No encroachment or construction of habitable space or other prohibited improvements will
exist below one foot above the base flood elevation; and
b. The requested improvements or construction will not violate existing zoning provisions.
This subsection shall have specific application to existing nonconforming
structures as referred to in section 3-020.
(F) Compliance with ordinances. Notwithstanding any other provision of this Code of Ordinances,
no application for a variance may be accepted nor may any variance be granted with respect to
any property that is then not in compliance with the requirements of ordinances for the condition
on which the variance is sought, unless the applicant files with the application a detailed written
explanation of how, when, and by whom the need for a variance was created. In such a case, the
planning commission shall make a recommendation to the mayor and council as to whether the
variance should be approved or rejected or modified and the mayor and council, following a
public hearing, may approve, reject or modify the variance request. In the event property is
constructed in violation of the ordinances, the violation status remains until such time as the
condition is rectified and placed in conformity with the ordinances. Violations of the ordinances
may be subject to the enforcement provisions of this Code and all penalties permissible by law. A
variance that is granted under this section does not excuse prior violations including those that
have resulted or may result in enforcement action by the city.
(Ord. No. 1999-27, 8-12-1999; Ord. No. 2002-08, 5-9-2002; Ord. No. 2002-08 Variances,
amended 8-29-2002; Ord. of 8-11-2005; Ord. No. 14-2010, 8-26-2010;Ord. No. 57-A-2014, 1,
12-11-2014 )
GMI �G
C
Goodwyn Mills Cawood
January 29, 2019
Ecological Planning Group
35 Abercorn Street
Suite 210
MEMORANDUM
Savannah, GA 31401
T (912)555-6790
Background
Tybee Island received a Coastal Incentive Grant (CIG) in 2015 to perform a Carrying Capacity
www.gmcnetwork.com
Study of the island to identify issues related to year-round and seasonal population density
www.ecc400calplanning.net
and its impact on island infrastructure and resources. This study resulted in the identification
of a number of key issues related to population growth and seasonal population including: 1)
Limits in the permitted water withdrawal from the Floridan Aquifer; 2) Significant increases in
water withdrawal, wastewater discharge, and solid waste/litter generation during tourism
season; 3) Effects of king tides and sea level rise on the stormwater drainage system; and 4)
Development pressure in the R-2 zoning district, the highest density residential district which
is also subject to king tide flooding. The overall approach recommended by the CCS was
twofold:
Make improvements to the City's existing infrastructure systems to provide
additional capacity to accommodate growth in a more sustainable manner, and
Identify ways to better manage future growth to limit stresses on infrastructure and
impacts to the environment.
Tybee Island subsequently received a CIG in 2018 to implement several of the specific
recommendations of Carrying Capacity Study, which included the following-
1.
ollowing
1. Perform a water & sewer rate study to address needed infrastructure improvements
and "peak usage rates" to encourage water conservation during peak tourism
season, and to prepare for future needed infrastructure investments.
2. Draft revisions to the City's code that will reduce stormwater impacts from new
development.
3. Draft revisions to the City's code that will reduce the density and impact of future
development and direct it away from areas of King Tide flooding.
EPG/GMC has worked with Tybee Island staff and the Masterplan Implementation Committee
over the past year to identify opportunities to make amendments to the City's Zoning code to
address the issues described above. The alternatives are presented below for your
consideration:
Alternative #1: Potential Changes to the R-2 Schedule of Development Regulations (Sec 3-
090)
The greatest opportunity for additional residential development on Tybee Island is within the
R-2 Zoning Category. This category was initially established to allow for one and two-family
residential development. Roughly 40% of the island is currently zoned R-2, much of which is
currently developed as a single-family residential housing. However, the minimum lot size
requirements to subdivide lots to build and develop multi -unit dwellings is reason for concern
as it relates to increased residential density. Since most of the island has been developed,
subdivision and subsequent development of existing single-family residential parcels
presents the greatest opportunity for growth on the island. Recent development activity
indicates that there is a growing trend in R-2 to tear down single-family structures, subdivide,
Page 1 of 7 Build'ngC xnmunit=es
and build at higher densities, i.e. duplexes. This memo evaluates the lot sizes in the R-2
category and recommends potential changes in lot size requirements to reduce the future
density in R2.
The schedule of development regulations (Sec 3-090) defines the allowable lot sizes for
residentially zoned property in the City. The minimum lot size for development of a single-
family dwelling unit is 4,500 squarefeet in the R-2 district. The minimum lotsizefor atwo-family
structure in this district is 6,750 square feet.
Properties currently located in the R-2 zoning district have been broken down into the
following categories based on lot size:
• Less the 6,750 square feet. Parcels in this category could only be developed as single-
family homes.
• 6,750 -11,250 square feet. Parcels in this category could be developed as two-family
residential, either as a duplex, or as two, single-family residential parcels (if over 9,000
square feet).
• 11,250 -13,500 square feet. These parcels could be split and developed with one -
single family and one, two-family structure.
• Over 13,500 square feet. Parcels that can be developed as two, two-family structures.
The following table summarizes the number of parcels and the potential units that could be
developed within each of these categories:
CURRENT
LESS THAN 6,750 SQ FT
6,750 -11,250 SQ FT
11,250 -13,500 SQ FT
GREATER THAN 13,500 SQ FT
NUMBER OF PARCELS POTENTIAL UNITS
1097
1,097
310
620
94
282
240
960
Build -out based on the numbers above could generate 2,959 residential units. Based on the
assumptions in the Carrying Capacity Study, we estimate that the future overnight population
(both residents and short-term rental occupants) in this district, at full build -out, could be
11,363. It is important to consider that much of the R-2 district is in areas subjectto storm surge
and Kingtides. Additional density in this area putsthe property at risk and also impactsTybee's
Emergency Response Operations as homes in this area are at a higher risk to experience
flooding and require evacuation and/or rescue of inhabitants.
The maps on the following pages shows the breakdown of R-2 parcels on Tybee and also show
the flood risk and extent of recent storm surge flooding.
Page 2 of 7
V iV
F'
R-2 Zoning Analysis
R-2 Parcels by Lot Size
Less than 6.750 Sq Ft
6.750 -11,250 Sq Ft
�. 11,250 -13,500 Sq Ft
Greater than 13,500 Sq Ft
Unique
Page 3 of 7
TY bee island �"s-•�-��,.. .
Flood Properties* =
YT
&I NAN
- :� � ,r�[1M� •� `''"�� J ,yam . - �
1 /t. TiIL
! r;
* ►� �'-- � _ ;ion x `�xw
4 41
Ot
}
lsAF .. .
Legend
0 Elevation Requests
Projected Storm Surge (IRMA)
4
jam,+Intertidall Zone a
;7i r
Greater than I Foot above ground
Greater than 3 Foot above ground
reater than 6 Foot above
ground
a.
Greater than 9
1
Foot above ground 4
"I
(0'% ( % In an effort to minimize the density of future residential development within areas of the City
01 1 zoned 1-2, we propose modifying the development regulations (Sec 3-090) by changing the
minimum lot size requirements for two family from 6,750 square feet to 9,000 square feet.
Based on this change, R-2 properties would be broken down into the following categories:
• Less the 9,000 square feet. Parcels in this category could only be developed as single-
family homes.
• 9,000 —13,500 square feet. Parcels in this category could be developed as two-family
residential, either as a duplex, or as two, single-family residential parcels.
• 13,500 —18,000 square feet. These parcels could be split and developed with one -
single family and one, two-family structure.
• Over 18,000 square feet. Parcels that can be developed as two, two-family structures.
The following table summarizes the number of parcels and potential units that could be
developed within each of the proposed categories:
PROPOSED
LESS THAN 9,000 SQ FT
9,000 —13,500 SQ FT
13,500 -18,000 SQ FT
GREATER THAN 18,000 SQ FT
NUMBER OF PARCELS
1,300
201
46
194
POTENTIAL UNITS
1300
402
138
776
Build -out based on the modified R-2 schedule would generate 2,616 residential units which is
343 units less than the full build -out potential under the existing schedule.
The following table summarizes the number of parcels and the impact the proposed
categories would have on existing parcels. This table also shows the number of properties
currently undeveloped within each of the square footage ranges.
CURRENT PARCELS ASSESSMENT LAND USE
LESS THAN 6,750
1097
No impact
Existing allows 2 units
30 currently coded as
6,750-9,000
203
Amended would allow 1
undeveloped
unit
9,000-11,250
107
No impact
Existing allows 3 units
23 currently coded as
11,250 -13,500
94
Amended would allow 2
undeveloped
units
Existing allows 4 units
14 currently coded as
13,500-18,000
46
Amended would allow 3
undeveloped
units
GREATER THAN
194
No impact
18,000
Page 5 of 7
JON M 4 Alternative #2: Greenspace Requirements and Impervious Area Coverage
Impervious surface impedes the infiltration of rainfall and can results in stormwater flooding,
particularly during high tide events, when the capacity of the stormwater drainage systems is
extremely limited. The City of Tybee Island Land Development Code requires that all zoning
districts maintain 65% of the designated setback area in a vegetative state (Sec 3-165), i.e. with
no impervious surfaces. This section examines the R-2 zoning district in terms of setbacks and
greenspace requirements to determine how much impervious area exists on a typical R-2
parcel. The average size of a parcel located in the R-2 district is 60 feet x 80 feet (4,800 square
feet). The following setbacks are defined in section 3-090:
• Front = 20 feet
• Rear and Side =10 feet
The figure below illustrates the lot size and setbacks for a subject parcel located in the R-2
district.
80'
60'
With a lot size of 4,800 square feet, 2,800 square feet (area based on setbacks) is subjectto the
greenspace requirements, which means that 1,820 square feet of this lot would be required to
remain in a vegetative state. The illustration below shows what this lot could look like at build
out based on the existing setbacks and greenspace requirements. Based on these
calculations, 60% of the lot would be impervious.
80'
60'
Studies by the Center for Watershed Protection have shown that watersheds with total
impervious coverage exceeding 10-20% can be impacted and those with total impervious
surface coverage exceeding 30% are often degraded. Impervious area also creates hotter
temperatures. Given the amount of king tide flooding that the Island already experiences, and
the potential impacts of additional impervious surfaces related to new development, Tybee
may wish consider increasing the amount of buffer that must remain in a vegetated state or
decreasing the amount of future development allowed.
Page 6 of 7
f& A l t e r n a t i v e # 3 : B u i l d a b l e L o t A r e a
o f T h e C i t y m a y w i s h t o c o n s i d e r a d d i n g a d e f i n i t i o n o f " b u i l d a b l e a r e a " t o S e c t i o n 2 - 0 1 0 T e r m s
a n d D e f i n i t i o n s " i n t h e L a n d D e v e l o p m e n t C o d e .
T h e p a r c e l s o u t l i n e d i n r e d b e l o w i l l u s t r a t e s i t u a t i o n s t h a t o c c u r t h r o u g h o u t t h e i s l a n d w h e r e
l o t s a r e m a d e u p o f l a r g e a r e a s o f c o a s t a l m a r s h l a n d . U n d e r t h e c u r r e n t c o d e , t h i s u n u s a b l e
a r e a i s i n c l u d e d i n d e t e r m i n i n g t h e b u i l d a b l e a r e a o f a l o t . T h e C i t y s h o u l d c o n s i d e r m o d i f y i n g
t h e s c h e d u l e i n S e c 3 - 0 9 0 a n d u t i l i z e b u i l d a b l e a r e a v e r s u s l o t s i z e .
B u i l d a b l e A r e a . T h e c o n t i g u o u s a r e a o f u p l a n d s o i l s d e s i g n a t e d f o r d e v e l o p m e n t o n a l o t . T h e
a r e a i d e n t i f i e d a s c o a s t a l m a r s h l a n d s a r e e x c l u d e d f r o m t h e b u i l d a b l e a r e a a s s o c i a t e d w i t h a
l o t . A r e a s u b j e c t t o s e t b a c k s m a y b e i n c l u d e d w h e n c a l c u l a t i n g b u i l d a b l e a r e a .
P a g e 7 o f 7
Tybee Island, GA Code of Ordinances
Sec. 4-050. - Zoning districts.
(A) R-1 residence district. This land use district is established to minimize development
about:blank
densities in certain portions of the island to prevent overall development on the
island from exceeding its environmental carrying capacity. Also, to provide for quiet,
livable, low-density single-family neighborhoods including compatible and supporting
low impact educational, religious, and public institutions, as well as limited provisions
for bed and breakfast operations. The character of development in these areas is
oriented for permanent residents. This district shall remain single-family residential
with some light family oriented service uses. Commercial and industrial uses are
incompatible with this district.
(1) Uses permitted by right. In a R-1 residence district, land may be used and
buildings or structures may be erected or used for the following purposes:
a. Single-family dwellings;
b. Nonhabitable accessory buildings;
c. Public utility structures;
d. Home business offices; and,
e. Public community buildings, libraries, recreation centers and museums.
(2) Uses permitted after special review. In an R-1 residence district, land may be
used and buildings or structures may be erected or used for the land uses listed
below after a hearing has been held by the planning commission and the mayor
and council has granted approval at a scheduled meeting:
a. Bed and breakfast, residential;
b. Reserved;
c. Primary and secondary schools;
d. Nursing homes and ancillary activities;
e. Public parks and neighborhood playgrounds;
f. Churches, including Sunday schools or educational buildings;
g. Schools of general education, including kindergarten and day nurseries;
h. Guest cottages; and,
L Home occupations.
(B) R -1-B residence district. In an R-1-13 residence district, land maybe used and buildings
or structures may be erected or used for the purposes stated above in the R-010
1 of 19 02/19/2019,4:36 PM
Tybee Island, GA Code of Ordinances
residence district regulations; the only distinguishing factor being one of density. [See
section 3-090(1), "schedule of residential district dimensional requirements."] The
purpose of R-010-6 districts is to provide a transition from R-010 to higher density
development. This is intended to ensure adequate infrastructure capacity and
mitigate adverse impacts associated with more intensive land uses.
(C) R-2 one- and two-familyresidential district. The purpose of this district is to provide
for affordable development of single-family and duplex style development. This
district is intended for medium density residential neighborhoods which are quiet
and livable. This district includes a mixture of one- and two-family homes with
compatible educational, religious, and public institutions as well as limited home
occupations.
(1) Uses permitted by right. In an R-2 residence district, land maybe used and
buildings or structures may be erected, altered, or used for the following
purposes:
a. Uses permitted in R-1 residence district; and
b. Two-family dwellings, (see also subdivision regulations).
(2) Uses permitted after special review. In an R-2 residence district, land maybe
used and buildings or structures may be erected or used for the land uses listed
about:blank
below after a hearing has been held by the planning commission and the mayor
and council has granted approval at a scheduled meeting.
a. Uses permitted after special review in R-1 residence district.
(D) R -T residential tourist district. The purpose of this district is to provide for areas
where tourists and residents are mixed. Development in this district is primarily
residential; however, limited accommodations are made for the housing of the
tourist population visiting overnight, weekends, weeks, or extended periods.
(1) Uses permitted by right. In an R -T residential tourist district, land maybe used
and buildings or structures may be erected, altered or used for the following
purposes:
a. Uses permitted by right in R-2 residence district only.
(2) Uses permitted after special review. In an R -T residence district, land maybe
used and buildings or structures may be erected or used for the land uses listed
below after a site plan has been submitted to the zoning administrator, a
hearing has been held by the planning commission, and the mayor and council
has granted approval at a scheduled meeting.
2 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
about:blank
a. Apartment houses and condominiums exceeding two units.
b. Bed and breakfast inns, exceeding five units per lot subject to an approved
site development plan as required in Article 5.
c. Theater facilities or houses that are historical in nature, when the review
process includes standards and/or restrictions as to hours of operation,
and requirements with respect to lighting, signage, and buffering so as not
to unreasonably interfere with the residential uses of abutting properties.
A parking plan shall also accompany any such application. Any permitted
use must adhere to the approved standards, restrictions and parking plans
and any other conditions imposed by the mayor and council.
Neither a site plan nor special approval is required on internal changes to existing
structures unless it causes or requires external changes to meet the requirements of
this Land Development Code.
(E) C-1 beach business district. The purpose and intent of commercial districts is to
provide central locations for city business and services to meet the market needs of
the city's residents and visitors. The focus of the C-1 beach business land use district
is to provide for commercial and residential land uses that support and complement
recreational use of the beach and general tourism of the island. The land uses
permitted in this district provide for a substantial amount of the island's employment
base. The amount of C-1 acreage is directly proportional to the city's economic
activity. These land uses are designed to harness economic activity of the daytime
visitor as well as residents and overnight visitors.
Multi -family uses are not permissible in the following areas included within the C-1 beach
business district:
(i) On the lots abutting Butler Avenue on the east and west sides thereof, from
14th Street, commencing at its southernmost intersection with Butler Avenue,
to War Avenue at its southernmost intersection with Butler Avenue;
(ii) On lots abutting Tybrisa Street on the north and south sides from Butler
Avenue to Strand Street; and
(iii) On lots on Strand Street abutting that street on the western boundary
thereof from 14th Street beginning at its northernmost intersecting point with
Strand Street to 17th Street at its northernmost intersecting point with Strand
Street. Notwithstanding the foregoing, multi -family residential uses shall be
3 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
permissible on floors above the first or ground floor of business establishments
located in such areas.
(1) Uses permitted by right after site plan approval. In a C-1 beach business district,
land may be used and buildings or structures may be erected or used for the
land uses listed below after a site plan has been submitted to the zoning
administrator, the planning commission has reviewed the site plan and made
comments, and the mayor and council has granted site plan approval at a
scheduled meeting.
about:blank
a. Apartments, condominiums, townhouses, guest cottages, hotels, motels,
time shares, tourist homes, bed and breakfast inns; plus single-family, two-
family, three-family, and four -family dwellings;
b. Apothecary shops;
c. Gift shops;
d. Barbershops, beauty shops;
e. Finance, investment and insurance offices;
f. Florist shops;
g. Restaurants, concession stands;
h. Commercial amusements, including amusement parks and other
commercial games and sports;
i. Retail stores; and
j. Public structures.
(2) Uses permitted after special review and site plan approval. In a C-1 beach
business district, land may be used and buildings or structures may be erected
or used for the land uses listed below after a site plan has been submitted to
the zoning administrator, a hearing has been held by the planning commission,
and the mayor and council has granted approval at a scheduled meeting. At
these public meetings, the proposed land is reviewed under criteria for both site
plan approval and special approval.
a. Lounges and package shops, for the retail sale of malt and alcoholic
beverages.
b. Dwellings or structures rented for special events. For all uses in a dwelling
or structure to be rented for special events as defined herein, special
approval and review shall include consideration of all relevant factors
4 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
about:blank
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 planning and zoning department; 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 15 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 off-site parking arranged by
the applicant or owner subject to the approval of the planning and zoning
department; parking must accommodate one place per four 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
planning and zoning department.
(3) Notwithstanding any approved site plan or any other ordinance to the contrary,
the city has adopted a policy pertaining to special use of designated off-street
parking areas in C-1 beach business district so as to allow a commercial
5 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
business to use its private off-street parking area for an outdoor event when all
of the conditions are met under the policy. The policy is on file with the clerk of
council and with the zoning department. The policy may be changed from time
to time by the mayor and council in accordance with this Code.
Neither a site plan nor special approval is required on internal changes to
existing structures unless it causes or requires external changes to meet the
requirements of this Land Development Code.
(F) C-2 highway business district. The purpose and intent of commercial districts is to
provide central locations for city business and services to meet the market needs of
the city's residents and visitors. The focus of the C-2 highway business land use
district is to provide for commercial land uses that support and complement the
motorized consumer. C-2 districts are intended for location along arterial streets
where the negative impacts of traffic congestion, noise, intrusions into residential
neighborhoods will be minimized.
(1) Uses permitted by right after site plan approval. Ina C-2 business district, land
may be used and buildings or structures may be erected, altered or used only
about:blank
for the following purposes once the required site plan has been reviewed by the
planning commission and approved by the mayor and council:
a. Service stations;
b. Restaurants, including drive-in restaurants;
c. Gift shops (goods sold within an enclosed building);
d. Motels;
e. Grocery stores;
f. Tourist homes and bed and breakfast inns;
g. Parks, playgrounds and recreation facilities under the supervision of the
city;
h. Professional and business offices;
i. Retail stores;
j. Marinas; and
k. Seafood warehouses, retail and wholesale sales.
(2) Uses permitted after special review and site plan approval. Ina C-2 highway
business district, land may be used and buildings or structures may be erected
or used for the land uses listed below after a site plan has been submitted to
6 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
about:blank
the zoning administrator, a hearing has been held by the planning commission,
and the mayor and council has granted approval at a scheduled meeting. At
these public meetings, the proposed land is reviewed under criteria for both site
plan approval and special approval.
a. Lounges and package shops for the retail sale of malt and alcoholic
beverages.
b. Dwellings or structures rented for special events. For all uses in a dwelling
or structure to be rented for special events as defined herein, special
approval and review shall include consideration of 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 planning and zoning; 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 15 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 off-site parking arranged by
the applicant or owner subject to the approval of the planning and zoning
7 of 19 02/19/2019, 4:36 PM
T bee Island, GA Code of Ordinances 7"") %► •� about:blank
department. Parking must accommodate one place per four 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
planning and zoning department.
c. Miniature golf courses.
d. Uses as of right:
1. Residential uses permissible in the R-2 district including those
permissible as of right and after special review. The uses permissible
in R-2 after special review shall also require special review to be
permissible in the C-2 zone.
2. Following required site plan approval for commercial development
residential uses above commercial shall be allowed by right if onsite
parking is available.
(3) Notwithstanding any approved site plan or any other ordinance to the contrary,
the city has adopted a policy pertaining to special use of designated off-street
parking areas in C-2 highway business district so as to allow a commercial
business to use its private off-street parking area for an outdoor event when all
of the conditions are met under the policy. The policy is on file with the clerk of
council and with the zoning department. The policy may be changed from time
to time by the mayor and council in accordance with this Code.
Neither a site plan nor special approval is required on internal changes to
existing structures unless it causes or requires external changes to meet the
requirements of this Land Development Code.
L(G) N -M neighborhood marina district The purpose of this district is to reserve those
waterfront areas which have value for commercial land uses involving pleasure and
commercial watercraft. The N -M district is intended to be used for neighborhood
marina facilities with a modest scale of operation. These facilities shall be developed
to be compatible with any adjacent residential properties and shall not be
detrimental to persons or property on or off the site.
(1) General requirements. A site plan shall be submitted to the planning
commission for review and to the mayor and council for approval that meets
the requirements of Article 5 and contains the following information:
8 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
about:blank
a. A document indicating the general operating hours of all activities to be
included in the marina and what safeguards are to be used to insure that
the marina's activities will not become or represent a nuisance or hazard
to the surrounding property owners or tenants thereof. Examples of
additional subjects to be covered shall include, but not necessarily be
limited to, probable flooding, erosion, fire, explosion and subsidence of the
proposed buildings and structures.
(2) Design standards. The development plan shall comply with the following
standards:
a. Access shall be located, designed and improved for safety, convenience,
efficient circulation, on the property and minimum interference with
normal traffic flow on adjoining streets. Driveways and curb cuts
intersecting with public rights-of-way shall be marked and shall not exceed
a maximum width of 30 feet. Curbs, blockades, bumper blocks or other
devices shall be used to control and channel traffic, to separate pedestrian
ways from vehicular ways, and to prevent entry to and from adjoining
streets except via a designated driveway.
b. Yards shall be provided as required for the adjoining districts and shall be
landscaped and improved in a manner appropriate to the residential
character of the adjacent district; provided, however, that a street front
and residential side setback be a minimum of five feet when a six-foot
minimum height solid faced and continuous fence, or other structure with
no openings shall be erected and maintained. Any hedge and other
screening structures shall screen the adjoining property from the activities
of the marina.
c. The structure(s) housing the activities of the marina shall not occupy more
than 40 percent of the total lot area.
d. Only one principal use sign shall be visible from the adjacent public street.
That sign shall not exceed a maximum size of 32 square feet in area nor
eight feet in any outer dimension. Any sign if illuminated shall be
externally lit, nonflashing and containing no neon illumination. The
maximum height of the sign shall not exceed 15 feet above the average
ground elevation of the base of the sign or from the structure foundation
to which it is attached. No sign shall be located closer than five feet to the
9 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
property line or street right-of-way.
e. Plans for extensions and/or business expansion will be accompanied by a
detailed proposal and submitted to the governing body for approval prior
to implementation.
f. All structures built within this district shall comply with the same height
requirements specified in section 3-090 for R-020.
(3) Uses permitted by right after site plan approval. In an N -M neighborhood
marina district, land may be used and buildings or structures may be erected or
used for the land uses listed below after a site plan has been submitted to the
zoning administrator, the planning commission has reviewed the site plan and
made comments, and the mayor and council has granted site plan approval at a
scheduled meeting.
a. Boat launching facilities;
b. Bait shops; and
c. Retail sale of boating provisions.
(4) Uses permitted after special review and site plan approval. In an N -M
neighborhood marina district, land may be used and buildings or structures
may be erected or used for the land uses listed below after a site plan has been
submitted to the zoning administrator, a hearing has been held by the planning
commission, and the mayor and council has granted approval at a scheduled
meeting. At these public meetings, the proposed land is reviewed under criteria
for both site plan approval and special approval.
a. Lounges and package shops, for the retail sale of malt and alcoholic
beverages;
b. Restaurants;
c. Watercraft and equipment rental;
d. Watercraft sales and dry dock storage;
e. Wholesale and retail seafood sales; and
f. Machine repair shops.
(5) Notwithstanding any approved site plan or any other ordinance to the contrary,
the city has adopted a policy pertaining to special use of designated off-street
parking areas in N -M neighborhood marina district so as to allow a commercial
business to use its private off-street parking area for an outdoor event when all
about. -blank
10 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
of the conditions are met under the policy. The policy is on file with the clerk of
council and with the zoning department. The policy may be changed from time
to time by the mayor and council in accordance with this code.
Neither a site plan nor special approval is required on internal changes to existing
structures unless it causes or requires external changes to meet the requirements of
this Land Development Code.
(H) Reserved.
(1) PC public parks -conservation district. The purpose of this zoning district is to create
an area or areas to be conserved for public use, to preserve areas established by
tradition and custom for public use, and to prevent development of these areas for
other than approved public and/or municipal use. Permitted uses include parks -
public, playgrounds; ball fields and/or sports arenas, picnic facilities, public schools,
public libraries, public parking and municipal buildings/structures, other public uses
as approved by the governing body of the city.
Notwithstanding the above-described permitted uses within public parks, special review
(section 5-070) and site plan approval (section 5-080) requirements shall be applicable to any
proceedings (to include motions of council or petitions by the public) to alter the uses currently in
existence within the area of Memorial Park that is generally depicted on the diagram attached
hereto, so that public hearings in connection with any alteration of structures or the installation or
addition of new structures or facilities or uses is required before any construction, building activities
or preparation therefore may occur or any new uses permitted.
p) EC environmental -conservation district. The purpose of this district is to protect the
ecologically sensitive areas of the city and to limit the active development to those
uses which are compatible with natural limits of the land. No building permit can be
issued for either a use permitted by right or a use permitted after special approval
until the proper state and federal permits have been acquired by the applicant.
(1) Uses permitted by right. In an EC environmental -conservation district, land may
be used and structures may be erected or used for the following purposes:
a. Growing of gardens; and
b. Piers, docks, and wharfs.
(K) PUD planned unit development districtThe existing planned unit development
districts, at the time of the adoption of the ordinance from which this section is
derived, shall remain. No further planned unit development district shall be created.
about:blank
11 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
The existing planned unit development districts are Northshore Subdivision, Seaside
Colony, Oceanside Dunes, Oceanview Townhomes, and Gulick Row.
(L) Maritime district. The purpose of this district shall be to protect the character of the
commercial development along Lazaretto Creek within the city limits. In the maritime
district, land may be used and buildings or structures may be erected or used for the
following purposes.
(1) Uses permitted after site plan approval. In a maritime district, land may be used
and buildings or structures may be erected or used for the land uses listed
below after a site plan has been submitted to the designated city official, the
planning commission has reviewed the site plan and made comments, and the
mayor and council has granted site plan approval at a scheduled meeting.
a. Boat launching facilities;
b. Bait shops; and
c. Retail sale of boating provisions;
d. Aquaculture projects;
e. Assembly hall, club, or lodge;
f. Boat building and repair facilities;
g. Commercial charter or sightseeing watercraft facilities;
h. Commercial fishing and crabbing;
L Government buildings;
j. Marina;
k. Recreational activities carried on wholly within a building including
theaters, dance halls, and activities of a similar nature;
I. Passenger cruise lines;
m. Private or community dock;
n. Public utility structures;
o. Wholesale/retail seafood/sales/warehouses;
p. Restaurant — (no alcohol) — limited to sit down facility with no drive
through;
q. Restaurant, sit down facility which serves alcoholic beverages (must have
council approval for liquor, beer, wine, and Sunday sales) and no drive
through;
about:blank
12 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
r. Watercraft rentals.
(2) Notwithstanding any approved site plan or any other ordinance to the contrary,
the city has adopted a policy pertaining to special use of designated off-street
parking areas in the maritime district so as to allow a commercial business to
use its private off-street parking area for an outdoor event when all of the
conditions are met under the policy. The policy is on file with the clerk of council
and with the zoning department. The policy may be changed from time to time
by the mayor and council in accordance with this code.
Existing structures. Site plan approval is not required for interior changes to existing structures.
Site plan approval is required for exterior changes to existing structures.
(M) Reserved.
(N) Reserved.
(0) South End business over/ay district. All commercial and multi -family residential uses
about:blank
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, cafe 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 this Code, no outdoor selling of merchandise on public
or private sidewalks is permissible in the district except as may be allowed in connection with
13 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
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.
(P) North end parks and public overlay district.
(1) Purpose. The purpose of the north end parks and public overlay is to promote
the development of properties in a manner that integrates public uses, open
space, municipal uses, and recreational uses compatibly into a residential area.
The north end parks and public overlay will provide for a livable environment
for residents and visitors alike.
(2) Applicability. The north end parks and public overlay may only be implemented
within specific geographic areas as defined in exhibit A (water/sewer plant,
DPW, campground, TIPD). The north end parks and public overlay shall be
restricted to the redevelopment and enhancement of uses existing at the time
of adoption of this subsection and to the development of uses to enhance or
further support existing uses. Such uses include but are not limited to
expansion of the water and sewer plant, expansion of the department of public
works, expansion and/or enhancement of the River's End Campground,
expansion and/or enhancement of the city's police department, the dedication
of areas for parks, recreational facilities, or open space. Regulations applicable
in the R-1 Zone shall not apply in the overlay district.
(3) Permitted uses. The following uses, though not exclusive, are specifically
permitted within the north end parks and public overlay:
a. Municipal and public safety uses including but not limited to the city water
and sewer department, the city department of public works, the city police
department;
b. Public campgrounds;
c. Parks and open space to include passive and active parks;
d. Picnic grounds, barbecue pits and similar cooking facilities;
e. Shelters, observation decks, platforms, pavilions, storage sheds; patios,
and restroom facilities;
f. Pedestrian walkways, sidewalks, and bicycle trails; and
g. Jogging trails, tennis courts, swimming pools and bicycling paths.
(4)
about:blank
14 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
about:blank
Prohibited uses. The following uses, though not exclusive, are specifically prohibited within the
north end parks and public overlay:
a. Any activity involving operating, riding, or the use of the following:
1. Survival games;
2. Any activity involving the use of firearms, including hunting, skeet
shooting and target practice;
3. Crossbow or archery;
4. Private dumping of trash, waste or other materials of any kind; and
5. Fireworks.
(5) Site plan review. Any expansion of existing uses requires site plan review by the
planning commission and approval by the mayor and council.
Any new use that is expressly permitted by this subsection requires site plan
review by the planning commission and approval by the mayor and council.
All submittals for site plan review must comply with section 5-040 of this Land
Development Code.
(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 [attached to the ordinance adopted
January 8, 2009, codified in this subsection].
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:
a. Municipal and public safety uses;
b. Cultural, educational and historical facilities, including re-enactment
activities;
15 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
c. Parks and open space to include passive and active parks;
d. Picnic grounds, barbecue pits and similar cooking facilities;
e. Shelters, observation decks, platforms, pavilions, storage sheds; patios,
and restroom facilities;
f. Pedestrian walkways, sidewalks, and bicycle trails;
g. jogging trails, tennis courts, swimming pools and bicycling paths; and
h. 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:
a. Golf courses, except for miniature golf courses.
b. Survival games.
c. Any activity involving the use of crossbows, archery, firearms,
including hunting, skeet -shooting and target practice.
d. Dumping of trash, waste or other materials of any kind.
e. Fireworks.
(5) Site pian review. Any expansion of existing uses requires site plan review by the
planning commission and approval by the mayor and council.
Any new use that is expressly permitted by this article requires site plan review
by the planning commission and approval by the mayor and council.
All submittals for site plan review must comply with section 5-040 of this Land
Development Code.
(R) Neighborhood grocery store district.
(1) Purpose. The purpose of the neighborhood grocery store district is to preserve
what was previously an existing non -conforming use and to protect adjoining
and nearby properties from intrusion of commercial property and to further
preserve the residential character of the area while meeting the needs of the
community for a grocery store. The neighborhood grocery store district will
provide a means of improving the existing parcels within the district without
negatively affecting the aesthetic character of the area. The neighborhood
about:blank
16 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
grocery store district is to provide a livable environment for residents and
visitors while preserving a grocery store operation and to provide for the
operation to adequate parking and improved traffic flow into and out of the
grocery store area.
about:blank
(2) Applicability. The neighborhood grocery store district shall encompass those
properties currently described as Property Identification Numbers 4-0006-19005
and 4-0006-19013, also known as Lots 21 A, 21 B, 22A and 2213, Ward 3, Tybee
Island, Georgia, and Property Identification Numbers 4-0006-19-14 and
4-0006-19015, also known as Lots 20-A and 20-13, Ward 3, Tybee Island, Georgia.
(3) Permitted uses/setbacks.
a. The following uses are the exclusive permitted uses within the
neighborhood grocery store district and are subject to site plan review:
1. A grocery store with associated parking as required. A grocery store
is herein defined as a store where most of the floor area is devoted
to the sale of food products for home preparation and consumption,
which typically also offer other home care and personal care
products, and which are substantially larger and carry a broader
range of merchandise than convenience stores. The grocery store is
not allowed to have facilities for providing gasoline to motor vehicles
or other service, mechanical or garage type activities for motor
vehicles.
2. Single-family residences.
3. Multi -family residential above grocery associated warehouse of no
more than two unites.
4. Non -habitable accessory buildings, public utility structures; home
business offices and, following special review: bed and breakfast
residential, guest cottages, home occupations, and two family
dwellings.
b. Setbacks in this district for new structures shall be as provided in the R2
district under. section 3-090.
c. This district shall have the same lot size and height restrictions applicable
in the R2 district under section 3-090 for new construction or new
structures.
(4) Parking. Off-street parking for a grocery store operation shall require one
17 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
about:blank
parking spaces per every 370 feet of gross grocery store floor area under roof
on a square foot basis regardless of the use of such area so as to include
offices, stock rooms, freezers, etc. Parking for all permitted uses other than a
grocery store shall be as required in section 3-080.
(5) Buffer. A buffer of not less than three feet, including arboreal features and
suitable fencing, shall be provided where the grocery store and parking is
adjacent to the right-of-way of Lovell Avenue and neighboring residential
property.
(6) Notwithstanding any approved site plan or any other ordinance to the contrary,
the city has adopted a policy pertaining to special use of designated off-street
parking areas in the neighborhood grocery store district so as to allow a
commercial business to use its private off-street parking area for an outdoor
event when all of the conditions are met under the policy. The policy is on file
with the clerk of council and with the zoning department. The policy may be
changed from time to time by the mayor and council in accordance with this
Code.
(7) Notwithstanding anything to the contrary, the following conditions shall be
applicable to the parcel described as Parcel Identification Number
4-0006-20-009:
Parking of vehicles. The only motor vehicles that may be parked on this
property are those which are either owned or leased by the owner of the
adjacent grocery store, the store employees, located on the lot on the east
side of Lovell Avenue adjacent to the subject lot and residents of the
building on this identified parcel.
b. Temporary storage containers used to store products which are sold in the
grocery store located on the lot on the east side of Lovell Avenue adjacent
to the subject lot are allowed.
The temporary storage containers must be capable of being removed
immediately upon notice provided by the appropriate authorities.
Provided, however, that if a permanent structure is built on this log,
pursuant to R(3)(a)(3), the parking of temporary storage containers shall be
impermissible.
c. A warehouse to be used solely by the grocery store located across Lovell
on Butler Avenue and any allowable residential uses above is permissible.
18 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
d. Notwithstanding the lot size restrictions applicable to this district, the
minimum lot area a two family shall be at least 4,680 square feet.
about:blank
e. Any two family residential units constructed on the parcel shall not be
used as short term rentals and, therefore, no rentals for occupancy of such
a unit may be for a period of less than 30 days.
(Ord. No. 2001-24,11-8-2001; Ord. No. 2003-22,10-9-2003; Ord. No. 1999-10, 4-22-1999; Ord. No.
1995-17,12-7-1995; Ord. No. 2004-7, amended 1-31-2005; Ord. No. 2004-07, amended 4-8-2004;
Ord. No. 2004-02, amended 2-26-2004; Ord. No. 2003-22 Business Districts, amended 12-2-2003;
Ord. No. 2001-24, amended 12-12-2001; Manual, amended 11-10-1999; Ord. No. 1999-10, amended
5-24-1999; Ord. of 2-27-2007; Ord. of 4-26-2007(2); Ord. of 6-26-2008(2); Ord. of 6-26-2008(3); Ord.
of 10-23-2008(2); Ord. No. 29-2008, § I, 1-8-2009; Ord. of 5-14-2009; Ord. No. 15-2009, 10-22-2009;
Ord. No. 08-2010, 5-27-2010; Ord. No. 37-2011, 8-25-2011; Ord. No. 22-2012, 7-12-2012; Ord. No.
23-2012,7-12-2012; Ord. No. 08-2013,1-10-2013; Ord. No. 26-2013-A, § 1, 8-22-2013; Ord. No.
35-2013-A, § 1, 12-12-2013; Ord. No. 50-A-2014, § 1, 8-28-2014; Ord. No. 56-2014, § 1, 10-9-2014;
Ord. No. 03-2015, § 1, 1-15-2015; Ord. No. 2016-01 , 2-11-2016; Ord. No. 30-2016, §§ 1-3,
11-10-2016)
19 of 19 02/19/2019, 4:36 PM
Tybee Island, GA Code of Ordinances
Sec. 3-090. - Schedule of development regulations.
(A) Schedule of residential district dimensional requirements.
Zoning Minimum Lot Area (square feet) Minimum Yard Maximum
District Setback Structure
Distance (feet) Height (feet)
Single- Two -Family Multi Family Front Rear . Side —
I I
R-1
Family
I
12,000 Not Not
permitted permitted
R-1-13 6,600 , Not Not
R-2
RT
permitted permitted
4,500 6,750 Not
permitted
20
20
20
8,000 20
buildable to
80 percent of
the property
exclusive of
the setbacks
20 10
i
10 10
10 10
35
35
111119�1
20 1 10 35
(1) In any residential district (R -I, R-1-13, R-2 and RT) where the average front setback
distance for existing buildings on all lots located wholly or partly within 200 feet to
each side of any lot, and within the same zoning district and fronting on the same
side of the same street and on the same block as such lot, is less than the
minimum setback required in such zoning district, the front setback on such lot
may be less than the required setback but not less than the existing average
setback distance for all lots within 200 feet to each side, provided that in no case
about:blank
1 of 5 02/19/2019, 4:41 PM
Tybee Island, GA Code of Ordinances
shall the front setback on new construction be less than ten feet. When lots within
200 feet on each side are vacant such vacant lots shall be considered as having the
minimum required setback for the purpose of computing an average setback
distance. When existing structures on lots within 200 feet on each side exceed
minimum front setback required in such zoning district, the required setback shall
be used for the purpose of computing an average setback distance.
See illustration and table for visual clarification.
about:blank
` A i8'
A 18'
20� 2W C 16'
---T_`T..Y,--....e..,l`..7........_--# 6 14' 16.
iA rr i F 20'
f � t I
i t I
a t 1 1 2C`
# WA
f i i t I i 114
A B j C( D is ; F i G lib +=
front setback
a3. d on lot 0
(2) A second set of stairs from an existing elevated home or existing home to be
elevated in the future may encroach into the setback upon approval of the zoning
administrator. The stairs shall encroach as little as possible into the setback.
(B) Schedule of other than residential districts (commercial, maritime and transitional
business -residential) dimensional requirements'".
Zone Minimum Lot
Front
Rear (feet) Side (feet)
Maximum
f
Area (square
Yard
Structure
feet)
�
Height
I
(feet)
(A)
(Not applicable j 0
None required None required
35
to allowed
except 15 feet if except 15 feet if
uses)
bordering bordering
residential use. residential use.
i
2 of 5 02/19/2019,4:41 PM
Tybee Island, GA Code of Ordinances
C -1(B)
i
(Not applicable 8
to allowed
-
uses)
C -1(C)
i
4,500 Single-
20
Family 6,750
Two -Family
1,125 per unit
Multi -Family
C-2
(Not applicable 10
to commercial
i
i
uses)
M -D
(Not applicable 20
to allowed
uses)
i
TBR
i 4,500 Single-
20
Family 6,750
Two -Family
0
6
10
10
5
10
10
10
35
35
35
35
35
about:blank
* When abutting public streets, any principal structure shall be located no nearer than
five feet to that lot line.
** Where a commercial establishment abuts a residential zoning, a suitable screen will
be required. See section 3-160. This screen shall be either natural (planting) or
manmade and shall be maintained in good order and approved by the zoning
administrator. Minimum height is six feet.
*** C -1(A) Retail uses and food/beverage service uses.
C -1(B) Hotel and motel uses, with 80 percent maximum lot coverage.
C -1(C) Residential uses, including single-family, two-family, and multi -family (triplexes,
3 of 5 02/19/2019,4:41 PM
Tybee Island, GA Code of Ordinances
quadraplexes, townhomes, apartments, tourist homes, condominiums, timeshares, and
similar uses), bed and breakfast uses, and public structures.
(C) Structures above 35 feet. If a variance is granted by the mayor and council for a building
with a height in excess of 35 feet, in no event shall a building permit be granted without
the following restrictions:
(1) Structures greater than 35 feet in height shall be fully equipped with fire safe
guards consisting of sprinkler systems, smoke detectors and any other fire
protection measures deemed necessary at the time by the mayor and council.
(2) Before a permit can be granted on said request, an affidavit of the builder and
owner must be executed agreeing to same to be completed within an agreed upon
reasonable time.
(D) Calculating maximum height for development on existing structures or slabs. In any
situation, including specifically but not limited to, the batteries that were formerly part
of Fort Screven, where new construction or remodeling of existing improvements is
proposed, the elevation for purposes of calculating the finished height of the proposed
structure shall be determined by the following rules:
(a) The finished height of any new construction or remodeling shall not exceed 35 feet
from the lower of the existing elevation as determined from either of the following:
(1) The elevation of the top of the lowest floor's slab of the existing improvement
or structure, or
(2) The elevation of the crown of an existing improved street, public or private,
that abuts or is nearest to the property on which the proposed structure is
planned.
This section is applicable in circumstances where the existing structure, improvement, or slab is to
be continued in use or in place, incorporated into the proposed improvement. If an improvement, slab
and/or foundation is to be removed entirely, the elevation for new construction will be measured from
the lower of the average adjacent grade of the lot or the elevation of the crown of an existing improved
street, public or private, that abuts or is nearest to the property on which the proposed structure is
planned.
As used in this article, the phrase "is nearest to" is to be determined by a measurement in any
direction and without regard to property lines, easements, etc. but rather is to be determined "as the
crow flies," beginning with the closest point on the property to be developed to the nearest improved
public or private street.
As used in this article, the words "grade," "foundation" and "slab" shall be defined as demonstrated
about:blank
4 of 5 02/19/2019, 4:41 PM
Tybee Island, GA Code of Ordinances
and depicted on the attached Exhibit "A" and this article is to be applied and interpreted consistently
therewith.
Editor's note— Exhibit A referenced in this section is not set out at length in this code, but may be
found in the offices of the city.
(Ord. No. 1995,12-7-1995; Ord. No. 2002-6, 4-11-2002; Ord. No. 1995-17,12-7-1995; Ord. No. 2003-01,
about:blank
1-9-2003; Ord. No. 1990-09, 4-22-1999; Ord. No. 2000-12, amended 2-11-2000; Ord. Correction to dates,
amended 4-14-2005; Ord. No. 2002-01 JOY, amended 2-5-2003; Ord. No. 2002-06, amended 5-15-2002;
3-090, amended 3-20-2001, RT -deleted in error and is re -instated by Jackie Brown 3-20-2001; Ord. No.
2000-12, amended 5-24-2000; Ord. No. 1999-, amended 12-17-1999; Manual, amended 11-10-1999;
Manual, amended 10-20-1999, Corrected prior update errors; Ord. No. 1999-09, amended 5-24-1999;
Ord. of 1-26-2006(2); Ord. No. 14-2011, 4-14-2011; Ord. No. 24-2013, § 1, 8-8-2013; Ord. No. 18-2014, §
1,2-27-2014; Ord. No. 40-2014, § 1, 8-14-2014; Ord. No. 23-2016 , § 1,8-25-2016; Ord. No. 01-2017-C , §
1, 4-27-2017; Ord. No. 02-2018, § 1, 3-22-2018)
5 of 5 02/19/2019,4:41 PM