HomeMy Public PortalAbout19991210SCMeeting1
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@ @ITEM 1999 -12 -10 City Council Minutes
A Special Meeting of the Tybee Island City Council was held on
Friday, December 10, 1999, at 7:00 p.m. for the sole purpose of Second
Readings of Zoning Ordinances passed on First Reading on Thursday,
December 9, 1999.
Mayor Walter W. Parker presided and the following members of City
Council were present: Ed Merves, Jack Youmans, Anne Monaghan, Dee
Anderson, Michael "Spec" Hosti and Mallory Pearce. Assistant City
Manager Rowena Fripp was present in the absence of Manager Bill Farmer.
First consideration was given to the Standards Governing the
Exercise of Zoning Powers (Code Sections 8 -5 -070 (Standards for
Special Review) through 8 -5 -110 (Standards for Zoning Ordinance or
Map Amendment Variances), including 8 -5 -080 Site Plan Approval, 8 -5-
090 Standards for Variances, 8 -5 -100 Standards for Variances from
Flood Damage Control. A motion to approve was made by Mallory Pearce
and seconded by Anne Monaghan. The vote in favor was unanimous and
the standards passed on Second Reading. A copy is attached to, and
becomes a part of, these minutes.
Next considered was the City of Tybee Island Zoning Map, dated
April 22, 1999, as amended, Code Section 8 -4 -020, the same map passed
on First Reading on December 9, 1999. Mallory Pearce moved to approve
on Second Reading and Anne Monaghan seconded. The motion passed by a
vote of 5 to 1 with Jack Youmans casting the dissenting vote. The map in its
entirety becomes a part of these minutes and may be found in the official
records of the Clerk of Council.
Code Section 8 -5 -030 The Land Development Code Schedule of
Development was approved on Second Reading on motion of Mallory
Pearce, seconded by Anne Monaghan. The final vote was 5 to 1, with Jack
Youmans casting the dissenting vote.
The advertised business was completed, and the meeting was
adjourned.
Tybee Island
Zoning Map
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Article 1
INTRODUCTION
Sections:
1 -009 EDITOR'S NOTE TO DATABASE.
1 -010 ENACTMENT
1 -020 TITLE
1 -030 PURPOSE
1 -040 SCOPE
1 -050 SEVERABILITY AND CONFLICT
Section 1 -009 EDITOR'S NOTE TO DATABASE.
For the purposes of constructing a CodeMaster database, this Land Development Code was
renumbered. Articles I through XI are now listed as Articles 1 - 11. All Section numbers, which
were previously listed as Section 1, Section 2, etc., now include the number of the Article under
which they fall. Sections were also given "leading" and "following" zeroes (0) to make room for
expansion. Thus, Section 8 of Article XI is now shown as 11 -080.
This renumbering also affects cross references throughout this code; a reference to Section 8 and
Article XI can be found by locating (Cntl -F) Section 11 -080.
Any and all tables that are expressed in this Land Development Code will not be found in this
database; instead, they can be found in the most recent version of the Land Development Code
and on file in the City Clerks' Office.
Section 1 -010 ENACTMENT
In accordance with the authority granted by the Constitution of the State of Georgia as enacted
by the Georgia General Assembly and Ratified by General Election, the City Council of Tybee
Island, Georgia, hereby ordain and enact into law the City of Tybee Island Land Development
Code. As part of this Ordinance so enacted into law is "The Official Zing Map of Tybee
Island, Georgia." All other City codes and ordinances in conflict with this Land Development
Code are hereby repealed.
Section 1 -020 TITLE
This chapter shall be known as the "Tybee Island Land Development Cam." The map herein:
referred to, which is identified by the title, "Zoning Map of the City of Tybee island, Georgia,"
Section 1 -030 PURPOSE
The land development regulations and zoning districts as herein set forth have been made for the
purpose of promoting the public health, safety, morals, general welfare, convenience and
prosperity of the citizens of the City of Tybee Island, Georgia. The regulations and arrangements
of districts have been designed to lessen congestion in the streets, to secure safety from fire, to
provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration
of population, to facilitate the adequate provision of water, sewer, schools, parks and other public
requirements and to encourage the most appropriate use of land throughout the city.
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Section 1 -040 SCOPE
This ordinance of the City of Tybee Island, Georgia:
(A) regulates the location, height, bulk, number of stories and size of buildings and other
structures; the percentage of lot which may be occupied; the sizes dfyards and other open
spaces; the density and distribution of population;.
(B) the uses of buildings; structures and lands for trade, industry, residence, recreation,
conservation, water supply, sanitation, public safety, public activities,
(C) the preservation of scenic areas, protection against floods, rising wins and erosion, and
other purposes;
(D) creates districts for said purposes and establishes the boundaries thereat
(E) defines certain terms used herein;
(F) provides for the method of administration, appeal and amendment, oforcement, duties and
the provision of penalties for violation.
Section 1 -050 SEVERABILITY AND CONFLICT
If any section, subsection, clause, provision of these regulations shall be held to be invalid or
unconstitutional by any court of competent jurisdiction, such holding shall not affect any other
section, subsection, clause, provision or portion of these regulations which is not invalid or
unconstitutional. Where the provisions of this ordinance are in conflict with other ordinances,
the most restrictive provisions shall be enforced.
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Article 2
DEFINITIONS
Sections:
2 -010 TERMS and DEFINITIONS
Section 2 -010 TERMS and DEFINITIONS
(A) Terms. Generally, words used in the present tense include the future the singular number
includes the plural, and the plural the singular; the term "used" includes the words "arranged,
designed or intended to be "used"; the term "occupied" includes the words "arranged, designed
or intended to be occupied"; the word "structure" includes the word "building", "dwelling" or
"unit"; the word "lot" includes the word "plot ", "parcel" or "tract ".
(B)Defmitions. Specific definitions include the following:
Accessory building: A building subordinate to the main building on the same lot and
used for purposes customarily incidental to the use of the main building.
Addition (to an existing building): Any walled and roofed expansion to the perimeter
of a building to which the addition is connected by a common loadbearing wall other
than a fire wall. Any walled and roofed addition which is connected by a fire wall or is
separated by independent perimeter load - bearing walls is new construction.
Air rights, public: The ownership or control of that space at or above a horizontal
plane over the ground surface of public land, or that which is used by law, easement, or
right -of -way used for public purposes. The horizontal plane shall be at a height that is
reasonably necessary or legally required for the zoned or intended use of the ground
surface.
Alley: Any public way accepted for public use and 20 feet or Is in width providing
secondary access to abutting property.
Amusement Park: A commercially operated park with booths for the sale of food and
drink and various devices for entertainment. Such devices include but are not limited to
waterslides, ferris wheels, merry-go- rounds, and roller coasters.
Appeal: A request for a review of the Code Enforcement Official's interpretation of any
provision of Title Eight.
Apartment Building: A building designed for or occupied by three (3) or more
families with separate housekeeping facilities for each family. Such building shall
include: apartment houses, apartments and flats, efficiency apartments, and studio
apartments, but, not including boarding homes, hotels, or motels.
Aquaculture Project: The commercial cultivation of aquatic life, such as shellfish,
fish, and seaweed.(ORD. 1995-17;12/7/95)
Area of shallow flooding: A designated "AE" or "VE" Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
Area of special flood hazard: The land in the floodplain within acommunity is subject
to a one per cent chance of flooding in any given year.
Artificial Light: Any source of light emanating from a manmade device including, but
not limited to, spotlights, street lights, commercial or residential ; i i ting, construction
and security lights.
Average adjacent grade: The average natural elevation of the ground surface, prior to
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construction, next to the proposed walls of the structure.
Base flood: The flood having a one per cent chance of being equaled or exceeded in
any given year.
Base Flood Elevation: A point of vertical elevation where it is estimated there is a
significant probability of flooding from any source within a One hundred (100) year
time frame. Such vertical distances are
nt Flood National Maps lfor
Datum of 1929 (mean sea level). S ee the recent
estimated Base Flood Elevation in a particular location.
Base flood level: See Base Flood Elevation.
Basement: An enclosure with floor level below natural grade on all sides.
Beach: Area of loose sediments, including dunes, as defined by the Georgia Shore
Assistance Act of 1979 as amended.
Bed and Breakfast: residential: A dwelling e overnight accommodations and
a morning meal are provided to transients compensation.
Bed and Breakfast commercial: Bed and Breakfast establishments are subject to an
approved commercial use site development plan. For more information see 3 -060, Bed
and Breakfast Establishments.
Boatel:A combination of a motel and marina that is accessible to boats as well as
automobiles and may include boat sales and servicing facilities, es. OitD.1995-
accommodations for transients, and eating and drinking
17;12/7/95)
Breakaway wall: Any type of wall that is not part of the structural support of the
building and which is so designed as to break away, wider abnormally high tides or
wave action, without damage to the structural integrity of the building on which it is
used.
Buffer: Open spaces, landscaped areas, fences, e or property from combination
as to v thereof
used to physically separate or screen
shield or block noise, lights, or other nuisances. Comment: The two basic criteria for
buffers are the width of the buffer and the type of material to be planted or installed. In
designing buffers, the ordinance should allow flexibility and provide for fences and
berms to be used in conjunction with landscaping.
Building: See "structure."
Building permit: The permit for any type of construction required by the Tybee Island
Code of Ordinances. as taken by
Caliper Measure: The diameter of the main stem of a tree or sapling
calipers four and a half feet (4.5') above grade.
Campground: An area or tract of land for which accommodations sII or temporary
occupancy are located or may be placed, including R.V • parks, purposes and
recreational equipment, and which is primarily p urp used for recreational
retains an open air or natural character. structure used or
Caretakers Cottage: An Accessory building or portion of a primary
designed for use as a residence, specifically, permitted accessory th „R to the principle zoning district
structure. Such form of land use may p includes:
depending on the size of the lot. Other terms for eans shall such sense be considered a
granny home, and mother -in -law cottage y lot created
separate primary structure, eligible for a minor subdivision if either resulting
will be substandard in size.
Carport: A roofed structure providing space for the parking of motor vehicles.
Certificate of Occupancy: A certificate issued by the zoning administrator stating that
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the occupancy and use of land, building or structure referred to mein complies with
the provisions of this chapter.
Church or Place of Religious Worship: An institution that people regularly attend to
participate or hold religious services, meetings, and other related activities.
Clinic: A building in which medical services for outpatients only= provided.
Coastal High Hazard Area (V zones): Those areas that are submit to high velocity
waters, including but not limited to hurricane wave wash. The ante is designated on a
FIRM as "Zone V- 1- 30 ", "VE" or" V."
Concession Stand: A retail establishment selling food and drinks for consumption on
or near the premises. This shall include lunch counters and refreent stands selling
prepared foods and drinks.
Conditional Use (Special Review): A use permitted in a particularzoning district upon
showing that such use in a specific location will comply with al the conditions and
standards for the location or operation of the use as specified in fie zoning ordinance
and authorized by the approving agency. Comment: Conditional us are permitted uses
and are appropriate in the zoning district only when all conons are met. For
example, a house of worship may be desirable in a residential area but controls over
parking circulation, setbacks, and landscaping may be needed to pvevent such use from
adversely affecting surrounding residences. With conditonal uses, separate
regulations can be imposed to mitigate the adverse impacts. In soraGstates, conditional
uses are classed as special exception uses. In all cases, the conditions must be
specific. The conditional use permitting process and criteria for domination is listed
in Section 5 -070, Standards for Special Review: (See 'also: Special Review Permit
defmition)
Condominium: A building containing three (3) or more individualy owned, attached,
dwelling units and related, jointly- owned, common areas.
Deck: A raised, flat, and floored roofless platform adjoining a dwelling or structure. A
deck is not considered to be part of the structure for living area measurement purposes;
however, is required to meet all front, side, and rear yard setbacks. Flooring for a deck
is generally made of wood materials set upon piers.
Developer: Any person, firm, trust, partnership, association or corporation engaged in
development or proposed development of land.
Development: Any man-made changes to improved or unimproved real estate,
including but not limited to buildings or other structures, mini dredging, filling,
grading, paving, excavation or drilling operations.
District, zoning: A mapped area for which a uniform set of land development
regulations apply.
Diameter, Breast Height (DBH): The diameter of a tree trunk ortnks, measured in
inches at four and one -half feet above existing grade.
Drive -In Restaurant: Any place or premises where provisions are made for selling,
dispensing, or serving of food, refreshments, or beverages to customs in automobiles
or in other than a completely enclosed building.
Drive -In Window: A portion of any building or structure from which business is
transacted, or is capable of being transacted, directly with customexslocated in a motor
vehicle during such business transaction. Drive -In windows shall lave at a minimum
150 feet of approach distance on the property in which vehicles may que prior to
reaching the window.
Dune: Mound or ridge of loose sediments, deposited by any Mural or artificial
mechanism and lying landward of the beach.
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Dwelling: Any building or structure or part thereof primarily used and occupied for
human habitation or intended to be so used. The following further defines the different
varieties of dwelling distinctions:
a. Dwelling, Single Family: A detached building designed exclusively for occupancy
by one (1) family.
b. Dwelling, Two Family or Duplex: A building either designed, constructed, altered,
or used for two adjoining dwelling units that are connected by a fire wall or, if
the units are positioned vertically, by a type one floor and ceiling construction
where the units are joined. A "detached" two family or duplex consist of
dwelling units that are joined by structure other than a fire wall or floor and
ceiling.
c. Dwelling, Multi- Family: A building either designed, constructed, altered, or used
for more than two adjoining dwelling units, with each dwelling unit having a
party wall or party floor where it joins at least one other dwelling unit in the
building. This includes but is not limited to apartments, condominiums,
townhouses, or any type of multi - family structure.
Dwelling Unit: One or more rooms in a dwelling, apartment, boarding house, hotel or
motel, designed primarily for occupancy by one family for living, eating, and sleeping
purposes.
Easement: A grant of one or more property rights by the property owner to and/or for
the use by the public, a corporation, or another person or entity.
Existing mobile home parks or subdivision: A parcel of land divided into two (2) or
more mobile home lots for rent or sale for which facilities were completed prior to
adoption of this chapter or prior to inclusion of property within city limits.
Expansion of an existing mobile home park or mobile home subdivision:
preparation of additional sites by grading, installing utilities, pads, or streets, or
otherwise adding service facilities.
Family: One or more persons occupying a dwelling unit, living as a single, nonprofit
housekeeping unit; provided that a group of four or more persons who are not within the
second degree of kinship shall not be deemed to constitute a family.
Flood or flooding: A general and temporary condition of a partial or complete
inundation of normally dry land areas from:
a. The overflow of inland of tidal waters, or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): An official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
Flood Insurance Study: The official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
Flood light: Unshielded reflector type light fixtures attached directly to a building or
post.
Floodway: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot.
Floor: The top surface of an enclosed area in a building (including basement), e.g., top
of slab in concrete construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for parking vehicles.
Garage, public: A garage operated as a business devoted primarily to the repair,
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storage, maintenance, service or sales of motor vehicles, or any combination thereof.
Guest Cottage: Living quarters within a detached accessory building located on the
same lot or parcel of land as the primary structure, used exclusively for housing
members of the family occupying the main building and their non - paying guests. Such
quarters shall not be rented or otherwise used as a separate dwelling. By no means shall
such a use be considered a separate primary structure and eligible for a minor
subdivision if either resulting lot created will be substandard in size.
Height of Building: The vertical distance measured from the average adjacent grade of
the building to the extreme high point of the building, exclusive of chimneys, heating
units, ventilation ducts, air conditioning units, elevators and similar appurtances.
Height Variance: A variance granted to exceed the maximum height limitations for
allowed uses in a zoning district.
Home Business Office: An office use that is conducted entirely within the dwelling
which is carried on by the occupant thereof and no other individual, and which is
clearly incidental and secondary to the use of the dwelling for residential dwelling
purposes.
Home Occupation: An occupation customarily carried on within a home for gain or
support, involving the sale of only those articles, products or services produced on the
premises, conducted entirely within a dwelling unit and conducted entirely by persons
residing in that dwelling unit, using only that equipment as is customarily found in a
home and involving no display of articles or products.
Hotel: A building or other structure kept, used, maintained, advertised as or held out to
the public to be a place where sleeping accommodatfons_ are supplied for pay to
transient or permanent guests or tenants.
Hospital: Any place or institution which maintains and operates facilities for the care,
custody and/or treatment of two (2) or more non - related persons as patients suffering
mental or physical ailments, and which shall be eligible for a license as a hospital under
state regulations, but shall not be construed to include any dispensary or first -aid
treatment facilities maintained by any commercial or industrial plant, educational
institution or convent, nor to include any nursing care home as herein defined.
Hospital or Clinic, special: A hospital which treats communicable diseases, insane or
feebleminded patients, epileptics, drug addicts or alcoholic patients.
Junkyard: A junkyard is an open area where waste or scrap materials are bought, sold,
exchanged, stored, baled, packaged, disassembled or handled, including but not limited
to scrap iron and other metals, papers, rags, rubber tires and bottles. A junkyard
includes an auto wrecking yard but does not include uses established entirely within
enclosed buildings.
Light Business: A retail or service establishment that operates a low impact business
and has fewer than five (5) employees working at any given time.
Loading Space: A space within the main building or on the same lot providing for the
standing, loading, or unloading of trucks, and having a minimum dimension of twelve
(12) feet by fifty (50) feet and minimum vertical clearance of fourteen (14) feet.
Lot: A parcel of land which is or may be occupied by a building and its accessories,
including the open spaces required by this chapter.
a. Corner Lot: A lot abutting upon two (2) or more streets at their intersection.
b. Interior Lot: A lot, the side lines of which do not abut on a street.
c. Through Lot: An interior lot having frontage on two (2) or more streets.
d. Flag Lot: A lot with access provided to the bulk of the lot by means of a narrow
corridor.
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Lot width: The distance between the property lines measured at building line.
Lot of Record: A lot that exists as shown or described on a plat or deed in the records
of the Chatham County Clerk of Court' s Office.
Lounge: A commercial establishment dispensing alcoholic beverages for consumption
on the premises and where dancing and entertainment is permitted.
Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable non - elevation design requirements of this ordinance.
Low Profile Luminary: Light fixture set on a base which raises the light no higher
than 60 inches off the ground and designed so that the light is directed downward from
a hooded light source.
Major Subdivision: Any subdivision comprising four (4) lots or more, or any
subdivision involving a new street or change in an existing street.
Manufactured Housing: A factory- built, single family structure that is manufactured
under the authority of 42 U.S.C. Sec. 5401, the National Manufactured Home
Construction and Safety Standards Act, is transportable in one or more sections, is built
on a permanent chassis, and is designed to be used as a place of human habitation with
or without a permanent foundation when connected to the required utilities. It is not
constructed with a permanent hitch or other device allowing transportation of the unit
other than for the purpose of delivery to a permanent site, and which does not have
wheels or axles permanently attached to its body or frame.
Manufactured Housing Park: A parcel of land which is used or intended to be used
for the rental or lease of spaces, stands, or manufactured houses and the provision of
services for two (2) or more manufactured houses.
Manufactured Housing Space, Stand: A plot of ground within a manufactured
housing park designed for the accommodation of one manufactured house for rent or
lease and not to be bought or sold individually.
Marina: A commercial establishment with a waterfront location used for the purpose of
storing watercraft and pleasure boats on land, in buildings, in slips, or on boat lifts and
including accessory facilities for purposes such as re- fueling, minor repair, and
launching.
Marine facility: A facility which cannot be used for its intended purpose unless it is
located or carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding, ship
repair, or seafood processing facilities.
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Marquee: A roof -like structure suspended over an entrance to a structure.
Mean Sea Level (MSL): The average height of the sea for all stages of the tide. It is
used as a reference for establishing various elevations within the flood plain. For
purposes of this ordinance, the term is synonymous with National Geodetic Vertical
Datum (NGVD).
Mezzanine: An intermediate story that projects in the form of a balcony covered and
attached to the dwelling or structure. This is considered to be part of the structure for
measurement purposes.
Minor subdivision: Any subdivision comprising three (3) lots or less, and not
involving a new street or change in an existing street.
Mixed Occupancy: Occupancy of a structure or land for more than one (1) principal
use.
Mobile Home: A transportable factory-built home, designed to be used as a year -round
residential dwelling and built prior to the enactment of the Federal Manufactured
Housing Construction and Safety Standards Act of 1974, which became effective June
15, 1976. Mobile Homes are not permitted uses in any district.
Modular Home: A factory fabricated transportable building consisting of units
designed to be incorporated at a building site on a permanent foundation into a
permanent structure to be used for residential purposes and which bears a seal of
compliance with regulations of the Southern Building Code Congress International.
Natural or Artificial Barrier: Any river, pond, canal, roadway, railroad levee,
embankment, hedge, fence, tree row or similar obstruction which limits access and/or
visibility.
Nesting season: May 1 through October 31 of each year.
New construction: Structures for which the "start of construction" commenced on or
after the effective date of this ordinance.
Nursing Home: A home for aged or ill persons in which three (3) or more persons not
of the immediate family are provided with food, shelter, and care for compensation, but
not including hospitals, clinics, or similar institutions devoted primarily to diagnosis
and treatment.
Non - Conforming Use: Any building structure or use of land or building lawfully
existing at the effective date of this Ordinance, which does not conform with the
provisions of this ordinance or amendments thereto.
Parking Garage: A building designed and used for the storage of automotive vehicles
operated as a business enterprise with a service charge or fee being paid to the owner or
operator for the parking or storage of privately owned vehicles.
Parking Lot: An area or plot of land used for the storage or parking of vehicles,
including all necessary additional space needed for vehicular access maneuvering
thereto or therefrom.
Parking space: A space not less than nine (9) by eighteen (18) feet for one (1) vehicle
plus all necessary additional space needed for vehicular access thereto.
Package Shop: An establishment that sells alcoholic beverages only in sealed
containers whose contents may not lawfully be consumed on the premises.
Patio: An uncovered roofless area used for the purposes of outdoor activity. The patio
is not considered to be part of the structure for measurement purposes.
Personal Care Home: A building or group of buildings, a facility or place in which is
provided two or more beds and other facilities and services, including room, meals, and
personal care for non - family ambulatory adults for compensation. The following are
three specific types of personal care homes:
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a. Family Personal Care Home: a home for adults in a family type residence, non -
institutional in character, which offers care to two (2) through Six (6) persons.
b. Group Personal Care Home: a home for adult persons in a residence or other type
building(s), non - institutional in character, which offers care to seven (7)
through fifteen (15) persons.
c. Congregate Personal Care Home: a home for adults which offers care to sixteen
(16) or more persons.
Planned Unit Development (PUD): Any single family planned unit development on
one (1) acre or more, which in design and construction complements the cultural and
historical values of the surrounding area.
Planning Commission: A nine (9) member body appointed by the Mayor and Council
to evaluate proposed land use changes and administer land development controls in the
City of Tybee Island.
Pole lighting: Light fixtures set on a base or pole which raises the source of light higher
than 60 inches off the ground.
Point source of light: The actual light source, such as the bulb, fluorescent tube, lamp,
etc., from which light emanates.
Porch: A roofed, open structure projecting from the front, side, or rear wall of a
building.
Principal Use: The primary use of a zoned lot.
Privacy Fence: Wood, metal, or masonry structure not less than six (6) feet and not
greater than eight (8) feet in height from average adjacent grade. (Ord. 1995 -15;
11/9/95)
Public Hearing: An open public meeting for which interested parties may discuss a
specific issue in an orderly manner before a public body.
Public Notice: A means of informing the general public of a particular event in a fair
and timely manner. Official rules of public notice vary depending on the type of event.
See Article 5 for specific public notice requirements as they pertain to land use
regulation addressed in this ordinance.
Public Utility: Any person, firm, corporation, municipal department, board or
commission duly authorized to furnish and furnishing under federal, state, or municipal
regulations to the public: natural gas, steam, electricity or other energy sources, water,
sewage collection and disposal, and communication, including cable television.
Recreation Vehicle Park (RV Park): See campground.
Recombination of Lots: rearrangement of lot boundaries from those already
established.
Rezoning: The change in zoning classification of any parcel or parcels of land from one
zoning district to another.
Restaurant: An establishment, however designated, at which food is sold for
consumption on the premises. However, a snack bar or refreshment stand at a public
facility or non - profit community swimming pool, playground, park, or marina operated
solely for the convenience of patrons of the facility shall not be deemed a restaurant.
Right -of -Way: A strip of land acquired by reservation, dedication, forced dedication,
prescription, or condemnation and intended to be occupied by a road, crosswalk,
railroad, electric transmission line, water line, sanitary sewer, storm sewer, and other
similar uses.
Roof Pitch: The geometric angle from the lowest point of the roof to the highest point
of the roof on any structure.
School: A facility that provides a curriculum of academic instruction, such as
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kindergartens, elementary schools, middle schools, junior high schools, and high
schools.
Septic Tank: A water tight receptacle that receives a discharge of sewage from a
building, sewer, or part thereof and is designed and constructed so as to permit settling
of solids from this liquid, digestion of the organic matter, and discharge of the liquid
portion into a disposal area.
Service Station: A building or lot where gasoline, oil, and greases are supplied and
dispensed to the motor vehicle trade, and/or where battery, tire and other similar sales
and services are rendered.
Setback: The minimum horizontal distance between the front, rear, or side lot lines and
the existing or proposed edges of the structure. The term "required setback" means a
line beyond which a building is not permitted to extend under provisions set forth in this
ordinance establishing minimum depth and widths of yards. Eaves not exceeding
twenty -four (24)inches are exempt from setback requirements. Eaves in excess of
twenty -four (24)inches are not exempt from setback requirements to the extent they
succeed twenty -four (24)inches.(ORD. 1996-09;6/13/96)
Sewer, public: A system that is owned, maintained and operated by the city, and
approved by the Georgia Department of Natural Resources, Environmental Protection
Division.
Sign: Any area or surface on which lettering or pictorial material is displayed for the
purpose of directing attention to a profession, business commodity, service or
entertainment message. Different varieties of signage are defined as follows:
a. Advertising bench: A sign painted, located on, or attached to any part of a bench,
seat, or chair placed on or adjacent to a public place or roadway. (ORD.1996-
28;11/14/96)
a.lAnimated Sign: Any sign that uses movement or change of lighting, either natural
or artificial, to depict action or create a special effect or scene.
b. Banner: Any sign of lightweight fabric or similar material that is mounted to a pole
or a building at one or more edges. Official flags of any institution shall not be
considered banners.
c. Building Marker: Any sign indicating the name of a building and date and
incidental information about its construction, and is cut into a masonry surface
or made of bronze or other permanent material.
d. Bulletin Board: Any sign erected by a charitable, educational or religious institution
or a public body, which is erected upon the same property as said institution.
e. Canopy Sign: A message painted on or applied to a canopy, awning, or other roof -
like structure.
f. Commercial Message: Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business, product,
service, sale or sales event or other commercial activity.
g. Directional Sign: A sign which directs the reader to the location of public or
educational institutions, or to the location of historical structures or areas, or to
the location of public parks or buildings.
h. Directory Sign: Signs identifying the name of the development, multi -use activities
within shopping centers, office complexes or apartment complexes.
k. Flashing Sign: An illuminated sign on which artificial light or reflected light is not
maintained stationary and constant in intensity and color at all times when in
use.
1. Freestanding Sign: A sign which is attached to or a part of a completely self-
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supporting structure. The supporting structure shall be set firmly in or below the
ground surface and shall not be attached to any building or any other structure
whether portable or stationary.
m. Handbill: A printed sheet to be distributed by hand.
n. Identification or Information Sign: Signs of an informational nature bearing no
advertising.
o. Illuminated Sign: A sign illuminated directly or indirectly by gas, electricity, or
other artificial light including reflective or fluorescent light.
p. Incidental Sign: A sign, generally informational, that has a purpose secondary to the
use of the lot on which it is located, such as "no parking, " "entrance,
"telephone, " and other similar directives.
q. Memorial Sign: A sign or plaque erected in commemoration of a person, place or
event.
r. Non - Conforming Sign: A sign existing at the effective date of the adoption of this
Ordinance which could not be built under the terms of this ordinance.
s. Off - Premise Sign: A sign which directs attention to a business, commodity, service,
entertainment or attraction sold, offered, or existing elsewhere than upon the
same lot where such sign is displayed. The term off - premise sign shall include
an outdoor advertising sign (billboard) on which space is leased or rented by the
owner thereof to others for the purpose of convening a commercial or
noncommercial message.
t. Portable Sign: Any sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including, but not limited to,
signs designed to be transported by means of wheels. Signs converted to A- or
T- frames; menu and sandwich board signs; balloons used as a sign; umbrellas
used for advertising; and signs attached to or painted on vehicles parked and
visible from the public right -of -way, unless said vehicle is used in the normal
day- to-day operations of the business.
u. Projecting Sign: Any sign that shall be affixed at an angle or perpendicularly to the
wall of any building in such a manner to read perpendicularly or at an angle to
the wall on which it is mounted.
v. Roof Sign: Any sign erected and constructed wholly on and over the roof of a
building, supported by the roof structure.
w. Temporary Sign: A non - permanent sign erected, affixed, or maintained on the
premises for a short, usually fixed period of time.
x. Wall Sign: A single faced sign which is in any manner attached or fixed flat to an
exterior wall of a building or structure. Individual letters in addition to the "box
type" (e.g.; letters and symbols on an attached backing) sign may also be
installed as a wall sign.
y. Window Sign: Any sign, pictures, symbol, or combination thereof, designed to
communicate information that is placed inside a window or upon the window.
Significant trees: Trees having a DBH of ten (10) inches or greater of the following
variety: Southern Redcedar , Juniperus silicola, or Hardwoods native to Georgia coast.
Hardwoods: Dicotyledon plants with woody stem including (but not limited to) Oaks
(Quercus), Magnolia grandiflora, Hickories, (Carya) Sugarberry or Hackberry, (Celtis
laeirgata), Red Bay (Persea borbonia), Spiney Ash or Toothache (Xanoxylum clava-
herculis), Sycamore (Platanus occidentalis), Tupelo (Nyssa), Sweetgum (Liquidamber
styraciflora, American Holly (Ilex opaca). ORD. 1996-14;7/11/96)
Site Plan: A sketch, prepared to scale, accurately and with complete dimensioning to
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include: the boundaries of a site and the location of all buildings, structures, uses,
significant trees, and proposed site development construction for a specific parcel of
land. See Article 5, sections 5- 080(A) & (C) for specific requirements for site plans.
Site Variance: A variance granted to vary from regulations and restrictions for allowed
uses in Zoning Districts, such as setbacks, minimum lot sizes, etc.
Special Review Permit: A permit issued by the Mayor and Council, after Planning
Commission review and an advertised Public Hearing. Approval shall confirm that the
proposed use meets all criteria set forth in Section 5 -070 of this Land Development
Code.
Start of Construction: Beginning of work under a permit.
Street: A public way which provides a principal means of access to abutting property.
Streets are divided into two (2) classifications as follows:
a. Arterial streets: Those streets which are designated as arterials on the major
thoroughfare plan and which are used or intended primarily for fast or heavy
traffic.
b. Collector streets: Those streets which carry traffic from minor streets to the major
system of arterial streets and highways, including the principle entrance streets
of a residential development and streets for circulation within such a
development.
c. Street, Lane: Minor ways which are used primarily for vehicular service access to
the back or the side of properties otherwise abutting on a street.
d. Marginal access street: Those minor streets which are parallel to and adjacent to
arterial streets and highways; and which provide'7access to abutting properties,
and protection from through traffic.
e. Minor streets: All other public ways which provide a means of vehicular access to
abutting properties.
f. Opened street: A street shall be deemed to be opened if it is either of the following:
1. Available for public use and maintained by the city; or,
2. Was constructed to city specifications following the adoption of this chapter.
g. Private Drive: A 20 foot (minimum) access easement dedicated perpetually for use
by residences/lots. The city shall be responsible for neither maintenance nor
city services within the easement, and such shall be stated on the plat of
records.
h. Unopened street: A street or any part thereof shall be deemed to be unopened if it is
not cleared, graded and available for public use.
Structure: anything constructed or erected, the use of which requires permanent
location on the land, or attachment to something having a permanent location on the
land, and not including mobile homes.
Structural Alterations: Any change, except for repair or replacement of the supporting
members of a building, such as bearing walls, columns, beams or girders.
Subdivision: All divisions of a tract or parcel of land into two (2) or more lots, building
sites, or other divisions for the purpose of immediate or future sale, legacy, or building
development. All divisions of land involving a new street or a change in existing streets.
The term includes the re- subdivision of land and when appropriate to the context relates
to the process of subdivision or to the land subdivided.
Substantial improvement: Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty percent (50 %) of the Chatham County Tax
Assessor's appraisal or certified appraisal of fair market value of the structure either (1)
before the improvement or repair is started, or (2) if the structure has been damaged and
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is being restored, before the damage occurred.
Survey map or plat, (land): A map, prepared to scale, of a particular piece of real
estate signed and stamped by a Registered Land Surveyor Certified by the State of
Georgia. Such map or plat must also meet all other requirements of 15- 060 -0607
O.C.G.A. to be considered an official survey.
Tree: Any woody plant which has a diameter at breast height (DBH) of six (6) inches
or more.
Tree Removal: Any intentional or negligent act which:
a. Cuts down or otherwise physically destroys a tree,
b. Will cause a tree to decline and die, including but not limited to:
1. Causing damage to the root system by application of toxic substances,
operation of machinery, change in natural grade by excavation or filling
above the root system or around the trunk;
2. Causing damage from injury or fire resulting in pest infestation:
3. Causing damage from extensive pruning or trimming.
4. Undeveloped ParcelNacant Lot: A parcel or lot on which there is no
permanent structure or part thereof designed for human habitation,
occupation, or use.
Townhouses: A residential structure containing three or more attached single family
units designed as a single structure having common or party walls. Each unit shall have
its own front door which opens to the outdoors, but, without access between adjoining
units.
Travel Trailer: Any vehicle or similar portable structure'mounted on wheels, designed
and intended primarily for short-term (under two (2) weeks) occupancy for dwelling or
sleeping or other purposes, and not exceeding 25 feet in length.
Use Variance: A variance granted for a use that is not permitted in that zoning district.
Used Car Lot: Any parcel of land used for storage, display and sales of used
automobiles and where no repair work is done except the necessary reconditioning of
the cars to be displayed and sold on the premises.
Variance: An authorization by the Mayor and Council granting permission to depart
from the literal enforcement of this chapter. See criteria for Variance Section 5 -090
Water, public: A system that is owned, maintained, and operated by the city, a
community corporation, or a privately owned system serving a community and
approved by the Chatham County health department.
Yard: An open, unoccupied space, other than a court, on the same lot with building,
open and unobstructed from the ground to the sky.
a. Front yard: A yard across the full width of the lot extending from the front line of
the lot. Through lots and corner lots must meet front yard requirements where
the lot abuts a street.
b. Rear yard: A yard across the full width of the lot, extending from the rear line of the
building to the rear line of the lot.
c. Side yard: A yard between the side line of the building and the adjacent side line of
the lot, extending from the front yard to rear yard. The side yard extends from
the front of the structure to the rear so long as the rear of the structure is at least
sixty (60) feet from the front lot line, otherwise, the side yard extends to the
point which is (60) feet from the front lot line.
Zoning Administrator: That person or persons appointed by mayor and council to
enforce the provisions of this chapter.
(1996- 15:8 -8- 96)(1999 -08; 4/22/99)
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(Ord. 1999 -, Amended, 12/17/1999; Manual, Amended, 11/10/1999; Ord. 1999 -08, Amended, 05/24/1999)
Page 13 of 13
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Article 3
GENERAL PROVISIONS
Sections:
3 -010 ZONING AFFECTS EVERY STRUCTURE AND USE
3 -020 CONTINUANCE OF NONCONFORMING USES /STRUCTURES
3 -030 REDUCTION IN LOT AREA
3 -040 SUBSTANDARD LOTS OF RECORD
3 -050 OBSTRUCTION TO VISION AT STREET INTERSECTIONS
3 -060 BED AND BREAKFAST REGULATIONS
3 -070 ACCESSORY STRUCTURES
3 -080 OFF - STREET PARKING REQUIREMENTS
3 -090 SCHEDULE OF DEVELOPMENT REGULATIONS
3 -100 BEACH, DUNE OR VEGETATION DISTURBANCE
3 -110 SINGLE FAMILY RESIDENTIAL STANDARDS
3 -120 ACCESS TO PUBLIC STREET REQUIRED
3 -130 BUILDINGS TO BE MOVED
3 -140 UNSAFE BUILDINGS
3 -150 PROHIBITED USES IN RESIDENTIAL DISTRICTS
3 -160 PROTECTIVE SCREENING OF ADJACENT J ESIDENTIAL
PROPERTY
3 -170 HOME OCCUPATIONS AND HOME BUSINESS OFFICES
3 -180 SATELLITE RECEIVING DISH ANTENNA
3 -190 SWIMMING POOL REQUIREMENTS AND PLACEMENT
3 -200 DECKS, PATIOS, AND CARPORTS
3 -210 CHILD DAY CARE FACILITIES
3 -220 AMUSEMENT PARKS
3 -230 TURTLE NESTING PROTECTION
Section 3 -010 ZONING AFFECTS EVERY STRUCTURE AND USE
Except as otherwise provided, no structure or land shall be hereafter used and no structures or
part thereof shall be erected, altered or moved unless in conformity with the regulations herein
specified for the district to which that structure or land is located.
Section 3 -020 CONTINUANCE OF NONCONFORMING USES /STRUCTURES
Any structure or use existing at the time of the enactment of this chapter or an amendment to this
chapter, although that structure or use does not conform to the provisions hereof, may be
continued as a nonconforming use or structure and structural repairs may be made to any such
nonconforming structure, provided however, no such nonconforming use or structure shall in any
way be expanded or extended. Whenever a nonconforming structure or use of structure becomes
vacant or remains unoccupied owing to abandonment or discontinuance for a period of six (6)
months, such structure or use shall thereafter be made to conform to the provisions of this
ordinance. Any nonconforming structure or use which is hereafter damaged by, fire, flood,
hurricane, explosion, earthquake, war, riot or any act of god, may be restored, reconstructed and
continued as the same nonconforming use and structure as existed before such damage, provided
however, that a building permit to initiate restoration must be obtained within six (6) months of
the occurrence of damage, and if no such permit is obtained then only a conforming use or
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structure will be allowed upon the property. Provided further however, that the Mayor and
Council may grant an extension of this six (6) month period in their discretion.
Section 3 -030 REDUCTION IN LOT AREA
No lot shall be reduced in area so as to result in less than the minimum lot area required under
this chapter; however, lots may be reduced in area upon approval of Mayor and Council
provided:
(A) That the lot is consistent with the existing surrounding development pattern.
(B) That the lot permits and maintains required front, side, and rear yard setbacks.
(C) That the lot is connected to city water and sewer.
Section 3 -040 SUBSTANDARD LOTS OF RECORD
Any lot of record existing at the time of the adoption of this chapter, March 24, 1971, which has
a lot area which is less than that required by this chapter shall be subject to the following
exceptions and modifications:
(A) No substandard lot may be developed unless it is served by public water and sewer and all
minimum front, side, and rear yard setbacks as required by this ordinance are met.
(B) Adjoining lots. When two (2) or more adjoining lots with contiguous frontage are in one
ownership at any time after the adoption of this chapter and those lots, individually, are
smaller in area than required in this chapter, then that group of lots shall be considered as
a single lot or several lots of minimum permitted area for the district in which they are
located; provided, however, that when any combination otlots would create a single lot
having an area fifty (50) percent greater in size than required by this chapter, for the
district in which the lot is located, then that lot may be divided into two (2) lots of equal
area. In no case of adjoining lots may more than one (1) combined lot be divided so as to
result in lots containing less than the minimum permitted area for the zoning district in
which the property is located.
Example: In an R -010 zone for example the minimum lot size is 12000 square feet. If
two or more adjoining lots with contiguous frontage, under one ownership, amount to
18000 square feet or more, two lots may be created with an minimum area of 9000
square feet a piece.
(C) A Single lot which has an area less than that required by these regulations may be used as a
building site for a one - family dwelling.
Section 3 -050 OBSTRUCTION TO VISION AT STREET INTERSECTIONS
Intersection requirements are intended to ensure better vehicle safety on the public roads of the
city. A clear sight triangle gives motorists a view of other oncoming motorists when approaching
a road intersection.
On corner lots within all zoning districts, no fence, shrubbery, wall or other obstruction to the
traffic sight vision, utility poles, light poles, or sign standards, shall exceed a height of three (3)
feet within a triangular area formed by the intersection of the right -of -way lines of two (2) streets
and a diagonal line which intersects the right -of -way lines at two (2) points, each twenty five (25)
feet from the intersection of the right -of -way lines. In the case of a rounded comer, twenty -five
(25) feet from the point of intersection of their tangents, provided however, the standards for
signs, lights, or similar objects which are located at least twelve (12) feet above the finished
grade shall be permitted. (ORD. 1999-35;10/28/99)
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See illustrations (next page) for a visual clarification.
(Ord. 1999 -35, Amended, 11/10/1999; Manual, Amended, 11/10/1999)
Section 3 -060 BED AND BREAKFAST REGULATIONS
There are two types of bed and breakfast uses defined in this ordinance, a Bed & Breakfast and a
Bed & Breakfast Inn. A Bed & Breakfast is permitted in certain residential areas and intended to
be residential in nature. Any slight diversion from the Bed & Breakfast parameters will change a
residential use to a commercial use. A Bed & Breakfast Inn is intended for commercial districts
only. Therefore, there can be no variance from the regulations specific to a Bed & 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 & breakfast uses are as follows:
(A) Bed & Breakfast (residential). Limited to no more than five (5) rental units consisting of
sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. The
owner is required to live on premise and agree to make available proof of residency.
Food service limited to breakfast for guests only and to be served between the hours of
5:00 AM - 12:00 noon. Under no circumstances will an alcoholic beverage license be
issued. No less than one off street parking space per rental unit, and a minimum of two
parking spaces for the owner. A buffer is required with a minimum height of six (6) feet.
One on premise sign, not to exceed twelve (12) square feet, may either be posted on the
building or on a post. A post sign may not exceed a height of six (6) feet from the
highest point of the sign. A post sign is to be located no nearer than ten (10) feet of 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 (2) spotlights with a maximum wattage of 75 watts per bulb
located on each side of the sign. Sign posted on 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 1/4 inch scale. A Public Hearing
before Mayor and Council is required. This permit is only valid as long as all conditions
specified are met.
(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.
Section 3 -070 ACCESSORY STRUCTURES
(A) Principal structure on lot. Only one principal building and its customary accessory buildings
may be designated per lot.
(B) Location of detached accessory structures on residential lots. A detached accessory structure
in either a residential district or on any lot containing a principal building whose first
floor is used for residential purposes are exempted from the schedule of regulations in
Section 3 -090 of this article, but, shall conform to the following regulations:
(1) No detached structure shall extend beyond the front building line of the principle
structure.
(2) No detached accessory building shall be more than one (1) stories in height.
(3) No detached accessory building shall be located nearer than five (5) feet to any alley
line where that alley line is coincident with the rear lot line.
(4) No detached accessory building shall be located nearer than five (5) feet to any lot
line.
(C) Location of attached accessory structures on residential lots. An attached accessory structure
in either a residential district or on any lot containing a principal building, the ground
floor of which is used for residential purposes shall be considered as an integral part of
the principal building and shall be constructed, altered or otherwise be developed in
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accordance with the regulations governing side yard, rear yard and front yard setbacks
for principal buildings in the district.
Section 3 -080 OFF - STREET PARKING REQUIREMENTS
(A) Residential Off-street vehicle parking requirements. Off - street parking facilities shall be
provided and maintained on site or within four hundred (400) feet of the site for all
buildings, structures or premises being used in whole or in part for residential purposes,
or for any other use permitted in residential districts.
(1) Residential dwelling units: For every dwelling unit there shall be provided at least
two (2) off-street parking spaces.
(2) Nursing homes, hospitals: One parking space for each five (5) patient beds plus one
space for each staff doctor, plus one space for each employee on the largest shift.
(3) Theaters, auditoriums, gymnasiums and other places of assembly: One parking
space for each four (4) seats provided in the main auditorium or for each fifty (50)
square feet of floor area available for the accommodation of movable seats in the
largest assembly room or area.
(4) Public and private elementary and secondary schools (except assembly halls,
auditoriums and gymnasiums used in conjunction therewith): One parking space for
each two hundred (200) square feet of gross floor area devoted to such use.
(B) Control of access to residential uses. In order to promote the safety of motorists and
pedestrians, the following regulations shall apply:
(1) A driveway opening which connects a residential lot with a public street shall not be
greater than twenty -five (25) feet in width.
(2) There shall be no more than two (2) driveway openings on any residential lot of any
width. Lots of less than one hundred (100) feet in width shall have no more than one
driveway opening.
(3) Two (2) driveway openings shall not be closer than fifty (50) feet from each other on
the same lot.
(4) No driveway opening shall be constructed within twenty -five (25) feet from any
street intersection.
(5) No curb on any city street or right -of -way shall be cut or otherwise altered without
prior written approval of the Zoning Administrator.
(C) Commercial Off -Street Parking. Off-street parking facilities shall be provided and
maintained for all buildings or premises being occupied or used in whole or in part for
commercial activity as follows:
(1) One (1) parking space per each 200 square feet of retail or commercial gross floor
area.
(2) Restaurants, night clubs, beer parlors and similar establishments shall provide one
(1) parking space for each four (4) seats based on a maximum seating capacity of
(fifteen) 15 square feet per person plus one space for each two (2) employees.
(3) Hotels, motels: One parking space for each room to be rented.
(4) Maritime District:
(1) Parking shall be in conformance with required dimensions of the C -1 Zoning
District.
(2) Handicapped parking shall be available and accessible.(ORD. 1995-17;12/7/95)
(D) Of Street Parking Dimensions:
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OFF STREET PARKING DIMNESIONS
STALL DEPTH
9x18 feet
9x18 feet
9x18 feet
9x18 feet
AISLE WIDTH
12 feet
13 feet
18 feet
24 feet
PARKING ANGLE
30 degrees
45 degrees
60 degrees
90 de
t,
ees
TRAFFIC DIRECTION
one -way
one -way
one -way
two -wa
(E) Exemptions from Off -Street Parking Requirements.
1 . Existing structures with 2,000 square feet or less of floor area that exist in a C -010
zoning district may expand the floor area up to 4,000 square feet without having to
meet the off-street parking requirements as long as the structure is completely
located within 1000 feet of a municipal parking lot.
2. All churches or places of religious worship shall be exempt from all off
street parking requirements.
(Manual, Amended, 11/10/1999)
•
Section 3 -090 SCHEDULE OF DEVELOPMENT REGULATIONS
A. Schedule of residential district dimensional requirements.
Zoning Minimum Lot area (sq. ft.) Minimum yard Setback Maximum
District distance (ft.) Structure
Height
Single Two Multi- Front Rear Side Limits
Family Family Family
R -1 12,000 Not Not 20 20 10 35'
permitted permitted
R -1 -B 6,600 Not Not 20 10 10 35'
permitted permitted
R -2 4,500 6,750 Not 20 10 10 35'
permitted
MD 4,500 6,750 20' 10' 10' 35'
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8,000 20' 10' 10' 35'
Buildable
to 80% of
the
Property
(ORD. 1995-17; 12/7/95)
R T 7,000 8,000 8,000 20 20 10 35'
Buildable to
80% of the
property
exclusive of
the setbacks
1 In the event of detached duplexes, the minimum lot size shall be 9,000 (nine thousand) square feet
and there shall be a separation of open space of 20 (twenty) feet between the closest points of the completed
dwelling units. Further, all other setback requirements apply.
B. Schedule of commercial district dimensional requirements.
***Zone Front Yard Rear Yard * Side Yard Structure Heights
C -1(A) 0 None required except None required 35'
25 feet ** if bordering except 25 feet ** if
residential district. bordering residential
district.
C -1(B) 8' 6' 5' 35'
C -1(C) 20' 10' 10' 35'
C -2 20' 20' 10' 35'
MD 20' 10' 10' 35'
(ORD. 1995-17; 12/7/95)
TBR 20'
10'
10' 35'
( *) When abutting public streets, any principal building shall be located no nearer than five (5) feet to that
lot line.
( * *) Where commercial establishment abuts residential zoning, a suitable screen will be required. See
Section 3 -160 This screen shall be either natural (planting) or man -made and shall be required. This screen
shall be either natural (planting) or man -made and shall be maintained in good order and approved by the
Zoning Administrator. Minimum height is six (6) feet.
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C -1(A) RETAIL USES & FOOD/BEVERAGE SERVICE USES
C -1(B) HOTEL & MOTEL USES, WITH 80% MAXIMUM LOT COVERAGE
C -1(C) RESIDENTIAL USES, INCLUDING SINGLE FAMILY, TWO FAMILY, AND MULTI-
FAMILY (TRIPLEXES, QUADRAPLEXES, TOWNHOMES, APARTMENTS, TOURIST
HOMES, CONDOMINIUMS, TIMESHARES, AND SIMILAR USES), BED &
BREAKFAST USES, & PUBLIC STRUCTURES.
C. Buildings above 35 feet. If a variance is granted by Mayor and Council for a building with a height in
excess of thirty -five (35) feet, in no event shall a building permit be granted without the following
restrictions.
(1) Structures greater than thirty-five (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.
(Ord: 1999-09;04/22/99)
(Ord. 1999 -, Amended, 12/17 /1999; Manual, Amended, 11/10/1999; Manual, Amended, 10/20/1999, Corrected prior
update errors; Ord. 1999 -09, Amended, 05/24/1999)
Section 3 -100 BEACH, DUNE OR VEGETATION DISTURBANCE
It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way
the beach, dunes or vegetation thereon in the shore protection area without first having obtained
the proper federal, State, and local permits.
Section 3 -110 SINGLE FAMILY RESIDENTIAL STANDARDS -
All Single - Family Residences, whether site built or manufactured housing, must meet the
following standards.
(A) Structure and Design Standards
(1) Corrugated metal or plastic panels are prohibited as roofmg materials.
(2) The exterior wall shall be material similar to traditional site -built housing. These
materials may include clapboards, simulated clapboards such as conventional
vinyl or metal siding over a minimum covering of one half inch (1/2 ") exterior
wood sheathing, wood shingles, shakes, stucco, brick, brick veneer, concrete
block, or similar materials, but shall not include smooth, ribbed or corrugated
metal or plastic panels.
(3) The minimum horizontal dimension of the unit as installed on the site shall be 24
feet.
(4) All structures must meet wind loading requirements of Federal Emergency
Management Administrator and the SBCCI Codes.
(B) Mobile Home Safety Standards
For the purposes of public safety, all mobile homes or other such forms of mobile,
modular, or manufactured housing are subject to the following requirements.
(1) Mobile Home Stand Requirements
Prior to the issuance of a mobile home relocation permit the owner of the parcel
or lot for which the mobile home is to be placed must have an approved mobile
home stand. Such stand must have the following:
a. Street Access
Each mobile home stand shall be provided with access frontage to a
width of at least thirty (30) feet to a public or private street or road.
b. Electric Power Supply
Each mobile home stand shall be provided with an adequate, properly
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grounded, water proofed electrical receptacle with a minimum rated
capacity of one - hundred (100) Amps. A properly sized over current
device shall be installed as a part of each power outlet.
c. Sewerage Disposal
Each mobile home stand shall be provided with the means of disposing
of kitchen, bath, and putrescible waste directly into a properly installed
and inspected septic tank system or an approved community sewerage
collection system.
(2) Mobile Home Development in Flood Hazard Areas
Due to the danger of placing a mobile home in a flood hazard area the following
anchor requirements are required if a mobile home is placed on a lot which is
located in or adjacent to a flood hazard area as described by the Federal
Emergency Management Association.
Length of Manufactured
Home (not including draw
bar)
0 to 40 feet
41 to 60 feet
61 to 84 feet
Minimum
Number of
Vertical Ties
2
3
4
Minimum
Number of
Diagonal Ties
4
6
Number of
Required Anchors
per Home
8
12
16
This table is based on a minimum working load per tie of 3,150 pounds with a 50%
overload (4,725 pounds total)
a. Multiple -wide manufactured homes shall only be required to have diagonal
ties and anchors in accordance with the chart above unless the
manufacturers installation instructions require more.
b. Single section manufactured homes shall have diagonal and vertical ties and
anchors in accordance with the chart above unless manufacturer's
instructions require more.
(3) All principal structures shall be placed on a permanent foundation. For the purposes
of this section, a permanent foundation shall mean a concrete slab, concrete
footers, foundation wall, pilings or post construction which complies with the
City Building Code.
(4) Mobile Home Siding, Stairs, and Foundation Requirements
a. All mobile homes shall have siding materials consisting of either wood,
masonry, concrete, stucco, masonite, or metal lap. The exterior siding
material shall extend to ground level except that when a solid concrete or
masonry perimeter foundation is used, the siding material need not
extend below the top of the foundation.
b. Skirting and/or siding must be in place within 45 days from the date the re-
location permit is issued.
c. Stairs and Landings shall comply with section 112 - Stairway construction of
the Georgia Building Code and must adhere to the following:
1. The height of the riser shall not exceed seven and three fourths (7
3/4) inches, and treads, exclusive of nosing shall not be less than
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nine (9) inches wide.
2. Every tread less than 10 inches wide shall have a nosing, or effective
protection, of approximately one (1) inch over the level
immediately below that tread.
3. The width of the landing shall not be less than the width of the
stairways they serve.
4. Every landing shall have a minimum dimension measured in the
direction of travel equal to the width of the stairway. Such dimension
need not exceed four (4) feet when the stair has a straight run.
5. All stairways having treads located more than three risers above a
floor or grade shall be equipped with a handrail not less than thirty (30)
nor more than thirty four (34) inches above the leading edge of the tread.
6. The minimum width of any stair serving as a means of egress shall
be a minimum of thirty six (36) inches.
7. If handicapped ramps are added they must be at least three (3) feet
wide and the slope of the ramp shall not exceed one (1) foot for every
twelve (12) feet.
(4) Foundation requirements on all manufactured homes are as follows:
a. Supports or piers shall not be more than two (2) feet from the exterior end
wall.
b. All grass and organic material shall be removed and the foundation must be
placed on stable soil.
c. Cross over wires must be placed between the two halves.
d. All nails or staples shall be removed or sealed.
f. Dryer vents must be vented to the exterior of the mobile home; not
underneath.
g. In no case shall wheels, any undercarriage or transporter unit be left on any structure.
(5) Mobile Home Additions and Auxiliary Structures
Any significant feature added to a mobile home that was not part of the
manufacture's original design is considered to be either an addition or an
auxiliary structure.
a. All habitable spaces added to the manufactured home or mobile home shall
be constructed in accordance with the National Manufactured Housing
Construction and Safety Standards Act or within the provisions of the Georgia
State Building Codes.
b. All auxiliary structures (such as porches, decks, awnings, cabanas, stairs, etc.
unless provided and approved by the manufacturer) shall be entirely self
supporting, unless designed and approved by a professional engineer or
registered architect. All such structures shall be constructed in accordance with
the Georgia State Building Codes.
(C) Temporary Use of Recreational Vehicles on Private Property for Dwelling Purposes
No recreational vehicle shall be used for dwelling purposes on any lot in a residential
district unless a temporary permit is acquired. Such permit shall be valid for up to seven
(7) days and the lot is only eligible for a permit three (3) times per calendar year. Only
one vehicle may be granted a permit for a lot during the duration of the permit. The
temporary permit may be obtained from the Zoning Administrator during normal hours
of operation at the City Hall. There is no fee for this permit. However, violation of this
clause will be subject to the same enforcement as all other regulations of this ordinance.
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Section 3 -120 ACCESS TO PUBLIC STREET REQUIRED
No building shall be constructed or erected upon a lot, or parcel of land, which does not abut
upon a public street or permanent easement of access to a public street. Such easement shall have
a minimum width of fifteen (15) feet unless an easement of lesser width was of record prior to
the adoption of this ordinance.
Section 3 -130 BUILDINGS TO BE MOVED
Any building or structure which has been wholly or partially erected on any premises located
within the city shall not be moved to any other premises in the city until a permit for such
removal is secured from the building and zoning department. Any such building or structure
shall conform to all the provisions of this ordinance in the same manner as a new building or
structure. No building or structure shall be moved into the city from outside the city until such
compliance has been shown and such permit has been secured. Before a permit may be issued
for moving a building or structure, the building official shall inspect the same and shall
determine if it is in compliance with all city and State regulations.
Section 3 -140 UNSAFE BUILDINGS
Nothing in this ordinance shall prevent the temporary strengthening to a safe condition of any
part of any building or structure declared to be unsafe by the building official.
Section 3 -150 PROHIBITED USES IN RESIDENTIAL DISTRICTS
Under no circumstances shall the following be permitted in any residential zoning district:
(A) In open areas, the parking or storing of unoccupied house trailers or converted buses in
excess of twenty -four (24) feet shall not be permitted.
(B) Commercial tractor trailers or rigs shall not be parked or stored on residentially zoned
property at any time with the exception of trailers used for supply and equipment storage
of a properly permitted construction site.
(C) It shall be a prohibited use in all residentially zoned districts to park or store power driven
construction equipment, used lumber or metal, or any other miscellaneous scrap or
salvageable material in quantity.
Section 3 -160 PROTECTIVE SCREENING OF ADJACENT RESIDENTIAL
PROPERTY
In order to provide adequate protective screening for residential districts near or abutting non-
residential areas, the following regulations shall apply to all new commercial development:
(A) Where a commercial district abuts directly upon a residentially zoned district, arboreal
landscaped greenbelt not less than twenty (200) feet wide shall be provided and properly
maintained along its entire length by the users of the commercial property. Such
greenbelt shall be planted with deciduous trees, evergreens, flowering trees, ornamental
trees, or any combination of the same not set further than ten (10) feet apart at any given
point along the greenbelt.
(B) The area beneath and between the planted trees shall be well -kept lawn free of foreign debris
and un- managed undergrowth. All landscaping shall be maintained in a healthy growing
condition, neat and orderly in appearance.
(C) All planting plans shall be first submitted to the Planning Commission during the commercial
site plan review process for approval of the planting materials and arrangement thereof in
accordance with the provisions of this ordinance.
(D) Where there is not adequate space to provide such a tree lined buffer a ten (10) foot arboreal
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greenbelt shall be provided with a well maintained ornamental masonry wall or privacy
fence no less than six feet in height above grade set back ten feet from the property line.
(E) Findings and Purpose: The preservation of green space is important to the health and welfare
of the City's citizens and aids in the reduction of drainage problems associated with
development; and the preservation of green space and permeable surfaces will preserve
aesthetic features of the landscape and provide for the free flow of air, light, etc.
Therefore, in the interest of the public health, safety and welfare, the Mayor and Council
fmd that the imposition of a permeable surface requirement into the setback spaces of
lots is appropriate.
In all zoning districts, sixty -five percent (65 %) of the designated setback area of a lot
shall consist of permanent permeable surface so as to permit the absorption of water and
shall not be paved, built upon, or covered in such a way so as to interfere with the
permeability of the surface.
It is the intention of the goveming 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 to
accomplish such intention.(ORD. 1999 -24; 8/12/99)
In all zoning districts,
(1999 =24, Amended, 10/07/1999)
Section 3 -170 HOME OCCUPATIONS AND HOME BUSINESS OFFICES
Profit- making activities conducted in homes fall into two classes: Home occupations and Home
Business Offices.
(A) Home Occupation
If permitted in a land use district must comply with the following requirements. It shall
be allowed, provided that it:
(1) Is carried on by a member(s) of the family residing in the dwelling unit only. One
employee who is not part of the family is permitted.
(2) Is conducted entirely within the principal building.
(3) Utilizes not more than twenty -five (25) percent of the total floor area of the principal
building;
(4) Produces no alteration or change in the character or exterior or change in the principal
building from that of a dwelling;
(5) Involves no sale or offering for sale of any article not produced or assembled by
members of the family, or any service not entirely performed by members of the
family, residing on the premises;
(6) Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic
hazard, unhealthy or unsightly condition.
(7) There shall be no sign or external indication of the business.
(B) Home Business Office
If permitted in a land use district must comply with the following requirements:
(1) There shall be no sign or external indication of the business office.
(2) No more than one vehicle used in the conduction of the business may be parked at the
home location. Signage on this vehicle is limited to the area of the driver and
passenger front doors of said vehicle.
(3) The office may occupy no more than 25% of the floor area of the principal structure.
(4) The office must be located in the principal structure.
(5) Only residents of the dwelling may engage in work at the office.
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Section 3 -180 SATELLITE RECEIVING DISH ANTENNA
A satellite dish shall be allowed in all zones; however, in all residential zones the following
requirements shall apply:
(A) Dish shall not extend more than three (3) feet above the highest point ofthe roof nor be
greater than three (3) feet in diameter. Satellite receiving antennas placed upon the
ground shall not exceed twelve (12) feet in diameter.
(B) Location of the antenna must be approved by the building official priori¢► installation.
(C) A property owner who has in place a non - conforming antenna at•the effective date of this
ordinance may continue to maintain the antenna.
In all zoning districts, antenna will be placed so as not to create a hazard to baffic or public
utilities.
Section 3 -190 SWIMMING POOL REQUIREMENTS AND PLACEMENT
All swimming pools shall comply with the following requirements:
(A) Application for permit to construct a swimming pool must be submitted the building
official. The structural plans must be approved by the building official prior to the
issuance of a permit and the beginning of construction and/or excavation.
(B) Swimming pools may be located in either the side or rear yard and within the building
setback distance from the property line.
(C) Swimming pool construction must meet all requirements of the State Swimming Pool Code.
(D) All swimming pools must be confined within a fenced area. The fence must be a minimum
of four (4) feet in height and all gates must be lockable, self closing, and self latching.
Fencing material shall have no opening larger than six inches (6 ") in diameter.
(E) No swimming pools shall be placed across, on, or beneath any utility easements nor shall any
utility easement be granted which bisects a swimming pool.
Section 3 -200 DECKS, PATIOS, AND CARPORTS
Patios, as defined in this ordinance, no higher than one (1) foot above the nearest adjacent grade
may be placed anywhere within the property boundaries. Decks, as defined in this ordinance,
and patios that extend beyond one (1) foot of the nearest adjacent grade shall he required to meet
all front, side and rear setback requirements. Carports may be placed anywhere within the
property boundaries.
Section 3 -210 CHILD DAY CARE FACILITIES
Child day care facilities, when located in a district as a permitted use shall have a minimum of
one hundred (100) square feet of outdoor play area shall be provided for each child. Such
outdoor play area shall be enclosed by a fence not less than four (4) feet in height.
Section 3 -220 AMUSEMENT PARKS
The sale of alcoholic beverages is not permitted on the property of any amusnent park. Also as
required by the Tybee Island Occupational Tax Ordinance, eating and drinking establishments
must be housed in a fixed structure and certified by the Chatham County Health Dept.
Section 3 -230 TURTLE NESTING PROTECTION
The beaches of Tybee Island serve as a prime nesting site for sea turtles, an endangered species.
Coastal development threatens the survival of sea turtles because artificial lighting discourages
nesting females and causes disorientation of hatchlings during the nesting season, which runs
from May 1 through October 31 each year. It is the intention of the city to off protection to
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these endangered sea turtles by providing standards for lighting in the shore protection area
adjacent to the city's beaches. For the purposes of this ordinance, the protected nesting area shall
be the sand beaches of Tybee Island.
(A) Exceptions. The following point sources of artificial light are hereby exempt from the
provisions of this ordinance:
(1) All lights necessary for the safe navigation of vessels utilizing the waters
surrounding the city;
(2) All lights necessary to mark obstructions to the safe use of airspace over, above and
around the city;
(3) All lights necessary for regulating the safe passage and movement of vehicular and
pedestrian traffic within the city;
(4) Any light that has been specifically designated by the Fire and/or Police
Commissioner(s) as necessary for the security and safety ofhe human
inhabitants of the city.
(B) New Development. Building and electrical plans for new construction including parking
lots, dune crossovers, and all other outdoor lighting that can be seen from the beach shall
comply as follows:
(1) Floodlights shall be shielded and mounted so that no light illuminates the beach and
the point source of light is not visible from the beach.
(2) Pole lighting shall be shielded and mounted so that light is directed away from the
seaward side of the pole and the point source of light is not vbiible from the
beach.
(3) Low profile luminaries shall be positioned so that no light shines directly onto the
beach.
(4) Dune crossovers shall utilize low profile shielded lighting so that no light illuminates
the beach and the point source of the light is not visible from the beach.
(5) Lights illuminating buildings and grounds shall be shielded or screened so that they
do not illuminate the beach and the point source of light is net visible from the
beach, or they shall be turned off from sunset to sunrise during the period of
May 1 through October 31 of each year.
(6) Temporary security lights at construction sites shall not be mounted higher than 15
feet above ground and shall be positioned not to illuminate the beach.
(C) Existing Development. All lighting shall come into compliance with the following
standards:
(1) Lights illuminating buildings and grounds shall be shielded or screened so that they
do not illuminate the beach and the point source of light is natvisible from the
beach, or they shall be turned off from sunset to sunrise during the period of
May 1 through October 31 of each year.
(2) Lights illuminating crossovers shall be shielded or screened so that they do not
illuminate the beach and the point source of light is not visible from the beach,
or they shall be turned off during the period of May 1 through October 31 of
each year.
(3) Security lighting shall be shielded or screened so that the beach isnot illuminated
and the point source of light is not visible from the beach, or low profile
luminaries may be used.
(D) Publicly Owned Lighting. Street lights and lighting of publicly owned beach access areas
must be in compliance with the following:
(1) Wherever possible, street lights shall be located, shielded or shaded so that they will
not directly illuminate the beach and the point source of light is not visible from
the beach.
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(2) Lights at parks or other public beach access points shall be shielded or shaded so that
they will not directly illuminate the beach and the point source of light is not
visible from the beach or, if not necessary for security or public safety,
utilization may be discontinued during the nesting season.
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zoning map
ORDINANCE NO.
It is hereby ordained by the governing authority of the City of Tybee Island, in open
meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Developement
Code, Article 4 Zoning Districts, Section(s)020 District Boundries, be amended to read as
follows:
Section 1. Section 4 -020 is hereby amended to read as follows
4-020 DISTRICT BOUNDARIES
The location of boundaries and zoning districts shall be shown on a ma. entitled "Zonin Man o
the City of T bee Island" dated 22nd day of April, 1999,
and said map may be amended subsequent to the adoption thereof; an
said map is hereby made part of this Ordinance and a second original of such map shall be
attached to the minutes of the meetings for the first and second readings of this Ordinance and
said map is hereby incorporated herein to the same extent as if the information set forth on said
map was fully described and stated herein. Amendments to the zoning map shall be reflected on
the "Zoning Map of the City of Tybee Island" when they become effective and said map shall be
on file in the office of the Clerk of Council of the City of Tybee Island, Georgia.
The adoption of the zoning map of the City of Tybee Island dated the 22nd day of April, 1999
shall not alter or affect the zoning of the following parcels which are disputed and which shall
maintain their present status:
9 Rosewood Avenue, PIN 4- 3 -10 -2
10 Oceanview Court, PIN 4- 3 -10 -3
This ordinance repeals the prior zoning map and substitutes the map dated the 22nd day of April,
1999 in its stead with the exception of the above two properties. (Ord. 1999 -07; 4/22/99)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Land Development
Code of Ordinance of the City of Tybee Island, Georgia.
Mayor Walter W. Parker
Jacquelyn R. Brown, Clerk of Council
Page 1 of 2
1st Reading: 12/9/99
2nd Reading: 12/10/99
Enacted: 12/10/99
zoning map
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Article 4
ZONING DISTRICTS
Sections:
4-010 LIST OF DISTRICTS
4-020 DISTRICT BOUNDARIES
4-030 INTERPRETATION OF DISTRICT BOUNDARIES
4-040 ZONE LINE DIVIDING A LOT
4-050 DISTRICT USE REGULATIONS
Section 4-010 LIST OF DISTRICTS
The following districts of the City of Tybee Island are hereby created:
(A) R -1 Single- Family Residential,
(B) R 010 -B Single Family Residential,
(C) R-2 One and Two Family Residential,
(D) R -T Residential Tourism,
(E) C -1 Beach Business,
(F) C -2 Highway Business,
(G) NM Neighborhood Marina,
(H) TBR Transitional Business- Residential,
(I) PC Parks - Conservation,
(J) EC Environmental- Conservation; and
(K) PUD Planned Unit Development.
Section 4 -020 DISTRICT BOUNDARIES
The location of boundaries and zoning districts shall be shown on a map entitled "Zoning Map of
the City of Tybee Island" dated 22nd day of April, 1999, as amended and readopted on the 10th
day of December, 1999, and said map may be amended subsequent to the adoption thereof; and
said map is hereby made part of this Ordinance and a second original of such map shall be
attached to the minutes of the meetings for the first and second readings of this Ordinance and
said map is hereby incorporated herein to the same extent as if the information set forth on said
map was fully described and stated herein. Amendments to the zoning map shall be reflected on
the "Zoning Map of the City of Tybee Island" when they become effective and said map shall be
on file in the office of the Clerk of Council of the City of Tybee Island, Georgia.
The adoption of the zoning map of the City of Tybee Island dated the 22nd day of April, 1999
shall not alter or affect the zoning of the following parcels which are disputed and which shall
maintain their present status:
9 Rosewood Avenue, PIN 4- 3 -10 -2
10 Oceanview Court, PIN 4- 3 -10 -3
This ordinance repeals the prior zoning map and substitutes the map dated the 22nd day of April,
1999 in its stead with the exception of the above two properties. (Ord. 1999-07; 4/22/99)
(Ord. 1999 -, Amended, 12/17/1999; Ord. 1999 -07, Amended, 05/24/1999)
Section 4-030 INTERPRETATION OF DISTRICT BOUNDARIES
Unless otherwise shown on the zoning map, the boundary lines of districts are:
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(A) Rear lot lines,
(B) The centerline of streets, alleys or extended from such points where specific linear distances
are denoted on the "Official Zoning Map,"
(C) Railroad right -of -way lines,
(D) Shore line of creeks, rivers, and ocean; or,
(E) The corporate limit line as it exists at the time of the enactment of this ordinance.
Questions regarding the exact location of district boundary lines shall be determined by the
Mayor and Council in accordance with the provisions of this chapter.
Section 4 -040 ZONE LINE DIVIDING A LOT
In most instances, zoning district lines on the zoning map are drawn to follow streets, land lot
lines, property lines, and other natural divisions. In the event a zone line should divide a lot or
parcel of land, the entire lot or parcel shall be considered to be that of the least intense land use
classification.
Section 4 -050 DISTRICT USE REGULATIONS
(A) R -1 Residence District. This land use district is established to minimize development
densities in certain portions of the island so as 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. Non - habitable 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 & Breakfast, residential,
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,
i. Home occupations.
(B) R 1 -B Residence District. In an R -1 -B residence district, land may be used and buildings or
structures may be erected or used for the purposes stated above in the R -010 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-B districts is to provide a transition from R -010 to higher density development. This
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is intended to ensure adequate infrastructure capacity and mitigate adverse impacts
associated with more intensive land uses.
(C) R -2 One and Two Family Residential 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 liveable.
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 may be 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 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. Home occupations.
(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 may be used and
building 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 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.
a. Apartment houses and condominiums exceeding two (2) units; and,
b. Bed and Breakfast Inns, exceeding five (5) units per lot subject to an approved
site development plan as required in Article 5 of this ordinance.
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 ordinance.
(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 Tybee Island
residents and visitors. The focus of the C -010 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 -010 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.
(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.
a. Apartments, condominiums, townhouses, guest cottages, hotels, motels, time
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shares, tourist homes, bed & breakfast inns; plus sin* family, two family,
three family, and four family dwellings.
b. apothecary shops,
c. gift shops,
d. barbershops, beauty shops,
e. fmance, investment & insurance offices,
f. florist shops,
g. restaurants, concession stands,
h. commercial amusements, including amusement parks and other commercial
games & 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 maybe 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 froth site plan approval
and special approval.
a. lounges and package shops, for the retail sale of malt and alcoholic beverages.
Neither a site plan nor special approval is required on internal changes to existing
structures unless it causes or requires external changes to meet therequirements of this
ordinance. •
(F) C -2 Highway Business District. The purpose and intent of commercialdlctricts is to provide
central locations for city business and services to meet the market needs of Tybee Island
residents and visitors. The focus of the C -020 Highway Business bad use district is to
provide for commercial land uses that support and complement themotorized consumer.
C -020 Districts are intended for location along arterial streets whereihe negative impacts
of traffic congestion, noise, intrusions into residential neighborhoodswill be minimized.
(1) Uses Permitted by Right after site plan approval. In a C -2 businessdlstrict, land may be
used and buildings or structures may be erected, altered ar used only for the
following purposes once the required site plan has been reviewed by the
Planning Commission and approved by the Mayor and Cooed:
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 supervisionof 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. In a C-2 highway business
district, land may be used and buildings or structures may beerected or used for
the land uses listed below after a site plan has been subunit' 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
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and special approval.
a. lounges and package shops for the retail sale of malt and alcoholic beverages,
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 ordinance.
(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 water craft. The N -M district is intended to be used for neighborhood marina
facilities with a modest scale of operation. These facilities shall be developed so as 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:
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 thirty (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 (5) 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 forty (40) per cent 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 thirty-two (32) square feet in area
nor eight (8) feet in any outer dimension. Any sign if illuminated shall
be extemally lit, non - flashing and containing no neon illumination. The
maximum height of the sign shall not exceed fifteen (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 (5) feet to the property line or street right -of -way.
e. Plans for extensions and/or business expansion will be accompanied by a
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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 a 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 a 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 & equipment rental,
d. Watercraft sales & dry dock storage,
e. Wholesale & retail seafood sales; and
f. Machine repair shops.
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
ordinance.
(H) TBR Transitional Business- Residential District. The purpose of this district is to create an
area, contiguous with the commercial -Two (Highway commercial District) where
residential, professional, institutional and light business (i.e., certain kinds of
convenience shopping, retail sales and services) are permitted by right and can be
intermixed and concurrently protect the neighborhood from blight and slum conditions.
This district shall only be established in older sections of the community where
intermixing currently exists and is found to be necessary and desirable, creating a buffer
zone between two districts of varying uses. It is further stipulated that, when this
provision is invoked for the purpose of allowing a residential use within the 200'
commercial strip, then the setbacks for R -020 contained in Section 3 -090 shall apply.
All commercial uses require site plan approval.
(1) Uses Permitted after Special Review and Site Plan Approval. In a TBR Transitional
Business- Residential 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 public hearing has been held by the
planning commission, and the Mayor and Council has granted approval at a
regularly scheduled meeting. At these public meetings, the proposed land is
reviewed under criteria for both site plan approval and special review.
a. Off -street parking lots, used by C -020 businesses, for the purpose of meeting the
minimum parking requirements as specified by this ordinance.
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(I) 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;
ballfields 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.
(J) EC Environmental- Conservation District. The purpose of this district is to protect the
ecologically sensitive areas of Tybee Island 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 a 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 District. The existing Planed Unit Development
Districts, at the time of the adoption of this ordinance shall remain. No further
Planned Unit Development Districts shall be created. The existing planned unit
development districts are Northshore Subdivision, Seaside Col ny, Oceanside Dunes,
and Oceanview Townhomes.(Ord. 1999-10;4/22/99)
(L) Maritime District. The purpose of this district shall be to protect the character of the
commercial development along the lazaretto creek within the city limits of Tybee Island.
In the maritime district, land may be used and buildings or structures may be erected or
used for the following purposes.
(1) Uses Permitted by Right:
a. Aquaculture projects
b. Assembly hall, club, or lodge
c. Bait shops
d. Boat building and repair facilities
e. Boat launching facilities
f. Boatel
g. Commercial charter or sightseeing watercraft facilities
h. Commercial fishing and crabbing
i. Craft shops
j. Cultural facilities
k. Docking of watercraft
1. Fishing camp
m. Government buildings
n. Incidental waterfront uses such as docks, piers, refueling facilities and pumps
o. Light business
p. Marina
q. Recreational activities carried on wholly within a building including theaters, dance
halls, and activities of a similar nature
r. Passenger cruise lines
s. Private or residential or community dock
t. Public utility structures
u. Retail sales of boating provisions
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v. Retail sales
w. Single family dwellings
x. Specialty shops
y. Two family dwellings
z. Wholesale/Retail seafood/sales /warehouses
(2) Uses permitted by special approval after site plan review
In the 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 zoning
administrator, a public hearing has been held by planning commission and the mayor and
council have granted approval at a regularly scheduled meeting. At these public
meetings, the proposed land is reviewed under criteria for both site plan approval and
special approval.
a. Commercial amusements including amusement parks, and other commercial games
and sports
b. Restaurant - (No Alcohol)
c. Restaurant, sit down facility which serves alcoholic beverages (must have council
approval for liquor, beer, wine and sunday sales)
d. Townhouses, motels, bed and breakfast inns, condominiums(ORD. 1995-17; 12/7/95)
(Manual, Amended, 11/10/1999; Ord. 1999 -10, Amended, 05/24/1999)
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Article 5
PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT
Sections:
5-009 EDITOR'S NOTE TO ARTICLE 5.
5-010 PERMITS REQUIRED FOR CONSTRUCTION
5-020 PERMITS OR ACTIONS REQUIRED BY THIS ORDINANCE
5-030 FEES
5-040 APPLICATION FOR PERMITS OR ACTIONS UNDER THIS
ORDINANCE
5-050 PUBLIC NOTICE
5-060 PUBLIC HEARING REQUIREMENTS
5-070 STANDARDS FOR SPECIAL REVIEW
5-080 ❑
5-090 VARIANCES
5-100 STANDARDS FOR VARIANCE FROM THE FLOOD DAMAGE
CONTROL REGULATIONS
5-110 STANDARDS FOR ZONING ORDINANCE OR MAP AMENDMENT
APPROVAL
5-120 SIGN PERMIT APPROVAL
5-130 MAJOR SUBDIVISION PLAT PROCEDURE
5-140 MINOR SUBDIVISION PLAT APPROVAL PROCEDURE
5-150 STANDARDS FOR SUBDIVISION PROPOSALS.
5-155 DESIGN STANDARDS FOR MARITIME DISTRICT
5-160 ENFORCEMENT
5-170 OTHER CITY ACTIONS AFFECTED BY THIS ORDINANCE
Section 5 -009 EDITOR'S NOTE TO ARTICLE 5.
It shall be unlawful for any person to commence excavation for, or construction of any building
or structure, or moving of any existing building or structure without first obtaining a permit from
the zoning administrator. No permit shall be issued for the construction or alteration of any
building or structure until proper approval has been granted and fees have been submitted in
accordance with the provisions of this ordinance.
Section 5 -010 PERMITS REQUIRED FOR CONSTRUCTION
The following is a list of permits needed for construction of a building or structure or the
movement of a building or structure that may be needed for any type of land development in the
City of Tybee Island, Georgia.
(A) Building Permit
A building permit is required prior to construction, alteration, or installation of any structure.
Electrical, mechanical and plumbing permits are included within this permit. For
construction valued below $1,500.00, a minor construction permit is required, but, no fee is
charged. Construction valued above $1,500.00 is considered to be major construction for
which a fee is required.
(B) Relocation Permit
A Relocation permit is required any time a manufactured home, mobile home, trailer, out
building, house or structure is moved from any location to any lot or parcel within the city
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limits of Tybee Island. Buildings used for the purpose of storage only with no need for
electricity or plumbing are exempt from this requirement. Electrical, mechanical and
plumbing permits are included within this permit.
(C) Sign Permit
Prior to the erection of a sign for either on premises or off premises advertising, the
Zoning Administrator must first issue a permit in accordance with the sign regulations
set forth in Article 6 of this ordinance. Permits are required for both temporary signs as
well as permanent signs.
(D) Demolition Permit
Prior to destruction of a building, structure, or sign, a
demolition permit is needed. Such permit may be attained from the City of Tybee Island
Code Enforcement Department.
(E) Electrical Permit
An Electrical Permit is needed before installing any electrical wiring or fixtures. This
permit is not needed if a re- location permit or building permit has already been issued on
the structure.
(F) Plumbing Permit
A Plumbing Permit is needed whenever a plumber installs a new plumbing system in an
existing structure. This permit is not needed if a re- location permit or building permit
has already been issued on the structure.
(G) Mechanical Permit
A mechanical permit is needed before a licensed installer may install any mechanical
device such as a heating and/or cooling system for air tor water. This permit is not
needed if a re- location permit or building permit has already been issued on the structure.
(H) Land Clearing, Disturbance or Excavation Permit
Regardless of the use of the land, a permit is required prior to
the clearing of trees, topsoil, or water on any parcel of land in the City of Tybee Island.
Furthermore, there shall be no excavation or addition of soil, trees, or water until all
proper permits are obtained. This permit is not needed if a re- location permit or building
permit has already been issued on the structure.
(I) Tree Removal
A tree removal permit is required if a person intends to remove either a significant tree
or any number of trees that will result in a tree density of less than required.. This
permit is required regardless of any other permits obtained.(Ord. 1999 -16; 05/27/99)
(Ord. 1999 -16, Amended, 06/04/1999)
Section 5 -020 PERMITS OR ACTIONS REQUIRED BY THIS ORDINANCE
The following are permits or actions that may be required depending on the construction and
particular land use district for which it will take place.
(A) Special Review Permits
There are specific land uses permitted in certain zoning districts
only after a review by the planning commission, a public hearing has been held by the
Mayor and Council, and the Mayor and Council has determined that the use is
appropriate based on certain criteria. These uses are listed throughout Article 4 and the
criteria is listed in Section 7 of this Article. See Section 5- 040(a) & (B), and Section 5-
070
(B) Site Plan Approval
All land development activities other than residential one and two family structures,
regardless of the zoning district, must present a site plan of such development to the
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planning commission for review, and to the Mayor and council for approval prior to the
issuance of any land development permits. In the C -1 Zoning District, all land disturbing
activities require site plan approval. See Sections 5 -040 (A) and (C), and Section 5 -080.
(C) Zoning Variance
Where strict enforcement of this ordinance may present an unnecessary hardship upon a
lot or parcel of land, the owner may apply for a zoning variance. Such action requires a
public hearing by the planning commission and approval by the Mayor and Council at a
scheduled meeting. See Section 5 -040 (A) & (D), and Section 5 -090.
(D) Amendment to the Zoning Map
An amendment to the zoning map is considered to be an amendment to the zoning
ordinance. Such action requires a hearing by the planning commission and approval by
the Mayor and Council at a scheduled public hearing.See Section 5 -040 (A) & (E), and
Section 5 -110.
(E) Amendment to the Text of This Ordinance
An amendment to the text of the zoning ordinance follows the same process as an
amendment to the zoning map. However, a text amendment requires different materials
to be included with the application. See Section 5 -040 (A) & (E), and Section 5 -110.
(F) Subdivision of Land
Whenever a lot, parcel, or tract of land is divided into two or more parts, the owner must
submit a preliminary subdivision plat to the Zoning Administrator. The preliminary
plat shall be reviewed at a hearing held by the planning commission. The preliminary
plat will be reviewed at a scheduled meeting of the Mayor and Council. Once the
preliminary plat is approved by Mayor and Council, required infrastructure
improvements may be permitted on the property. After the required infrastructure
improvements are completed and inspected by the building inspector, a final plat may be
submitted to the Zoning Administrator. The final plat shall be reviewed at a hearing held
by the planning commission. The final plat will then be reviewed at the following a
scheduled meeting of the Mayor and Council. Once the fmal plat is approved by the
Mayor and Council, all parcels created by the subdivision may be recorded in the Office
of the Superior Court of Chatham County and subsequently become real estate. See
Section 5 -040 (A) & (G), and Sections 5 -130, 5 -140 & 5 -150.
(G) Sign Permit Approval
All signs erected, and signs which are altered or repaired at a cost of 50% of the
replacement value unless specifically exempted by this ordinance must be permitted by
the city. All signs not specifically exempted from the permit and/or licensing
requirement of this ordinance shall be permitted by the city. An application for a permit
shall be submitted to the Zoning Administrator and accompanied by plans and
specifications of the sign in all its structural parts, and by accurate information
designating the exact location of the proposed sign for review by the planning
commission and approval by the Mayor and Council. The Zoning Administrator shall
collect a standard fee for each permit and/or license at the time the permit or license is
issued. See Section 5 -120, and Article 6.
(H) Use of Recreational Vehicles on Private Property for Residential Purposes
This is a temporary permit issued by the Zoning Administrator during normal hours of
operation at the city hall. See General Provisions Section 3 -020 11(E)(4) for restrictions.
(I) Permits Required in Conjunction with Permits in this Ordinance
The following are permits required by other government entities that may be applicable
to a development project in Tybee Island:
(1) Land Disturbing Permit. Under the Georgia Soil Erosion and Sedimentation Act
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(O.C.G.A. 12- 070 -070), any major subdivision of land over one and one tenth
(1.1) of an acre for single family development and any construction within two
hundred feet of State waters requires a land disturbing permit from the
Department of Natural Resources, Environmental Protection Division (EPD).
(2) Dune Crossover. The Georgia Department of Natural Resources (DNR) maintains dune
delineation lines and suspected wetland areas. In these places DNR provides
revocable permits for private docks and dune crossovers.
(3) Dock Permits and Construction in Wetlands. In conjunction with Georgia DNR, the
United States Army Corps of Engineers maintains the authority to delineate the
location of wetlands and is responsible for permitting any land disturbing
activity in them under Section 404 of the Federal Clean Water Act.
(4) Individual Well and Sewer Systems. If a lot or parcel is not served by city water and
sewer utilities a permit is required from the Chatham County Board of Health.
There are only a few areas on the island not served by both.
(5) Entrances on State and Federal Highways (curb cuts). If the development of a lot, tract,
or parcel requires an entrance onto a State or Federal Highway, a permit is
required by the Georgia Department of Transportation.
(6) Shallow Wells for Irrigation Only. If a property owner decides to use a shallow well for
the irrigation of his or her landscape, a well drilling permit must be obtained
from the City Code Enforcement Department and the pump installation and
design must meet the plumbing codes set forth in Article 9 of this
ordinance.(ORD. 1999 -14; 05/27/99)
(Ord. 1999 -14, Amended, 06/04/1999)
Section 5 -030 FEES
Fees for each individual permit or zoning action are subject to change by the Tybee Island Mayor
and Council. Please see schedule of fees adopted by Mayor and Council which are displayed in
the Tybee Island Building and Zoning Office.
Section 5-040 APPLICATION FOR PERMITS OR ACTIONS UNDER THIS
ORDINANCE
(A) Minimum Requirements for All Applications
All applications for zoning actions shall be dated upon submission and require the
following minimum information:
(1) Name, address and signature of applicant,
(2) Brief description of the land development activity and use of the land thereafter to take
place on the subject property,
(3) Address and location of the subject property for which such land development activity
shall take place,
(4) Name and Address of Owner of the subject property, Note: Applicant must either have
proof of ownership of the property or signed affidavit from the owner granting
the applicant permission to conduct such land development activity.
(5) Current zoning and use of the property or properties,
(6) Name and address of all adjacent property holders; and,
(7) Name and address of participating contractors (building & construction, surveyor,
architect, engineer, installer, developer, etc.).
(8) the application number, date of application, and action taken on all prior applications
filed for the reclassification of the whole or part of the land proposed to be
reclassified.
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(9) If within two (2) years immediately preceding the filing of the applicant's application for
a zoning action, the applicant has made campaign contributions aggregating to
more than $250 to any member of the Mayor and Council or any member of the
City Planning Commission, it shall be the duty of the applicant and the attorney
representing the applicant to disclose the following in the application:
a. The name of the local government official to whom the campaign contribution or gift
was made,
b. the dollar amount of each campaign contribution made by the applicant to the local
government official during the two (2) years immediately preceding the
filing of the application for the zoning action and the date of each
contribution; and
c. an enumeration and description of each gift having a value of $250 or more made by
the applicant to the local government official during the two (2) years
immediately preceding the filing of the application for the zoning action.
d. In the event that no such gift or contribution was made, the application shall
affirmatively so state.
(B) Additional Application Requirements for Special Review
All applications for uses permitted in a zoning district for special review must also
include the following minimum information:
(1) a more detailed description of the activities, number of units, and hours of operation of
the proposed special use,
(2) an approved site plan [see Section 4(C)], with building plans and architectural
renderings, •.
(3) a proposed starting date of land disturbance or construction, and a tentative date of
completion for all improvements, and use opening or date of first occupancy;
and,
(4) a list of activities undertaken by the developer and subsequent occupant to mitigate all
adverse impacts upon the surrounding properties before, during, and after the
completion of development activities.
(C) Additional Application Requirements for All Site Plan Requirements and Approval
The site development plan shall include, but not be limited to the following.
(1) The location, size and other pertinent data of all land uses on the site including types,
location and height of buildings, parking, open areas, landscaping, and all existing
significant trees,
(2) Dimension setback lines from property lines and street right -of -way lines,
(3) Adjacent thoroughfares and all curb cuts within five hundred (500) feet, including:
a. Proposed new cut(s) onto public rights -of -way with turning radii, and width; and
b. Dimensions of all rights -of -way,
c. If a corner property, compliance with section 3 -050, obstruction to viwion at street
intersections, shall be illustrated.
(4) Drainage plan to conform with county engineering department standards,
(5) Location of all utilities, and water /sewer plans and design considerations.
(6) Tabulated data including at least:
a. Gross density of dwelling units,
b. Parking ratio per dwelling unit, and compliance with section 3 -080, off street
parking requirements,
c. Percent and amount of land coverage by use; and,
d. Percent and amount of floor area by use and by type,
e. Flood zone and minimum finished floor elevations.
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(7) Topographical map showing existing and proposed contours and natural features; ,
(8) Soil erosion and sediment control plan.
(9) Tree removal plan, tree protection plan, and tree establishment plan.
(10) The planning commission may require elevations or other engineering or architectural
drawings covering the proposed development.
(11) The Mayor and Council will not act upon a zoning decision that requires a site plan until
the site plan has met the approval of the city's engineering consultant or theChatham County
Engineer or his designee.
(12)The extent and nature of any variances or zoning amendments necessary to the proposed
project.(ORD. 1999-25; 8/12/99)
(D) Additional Application Requirements for a Zoning Variance
Applications for a zoning variance shall be submitted to the Zoning Administrator. All
applications for a zoning variance must also include the following minimum information:
(1) Site Plan and/or architectural rendering of the proposed development depicting the
location of lot restrictions.
(2) A survey of the property signed and stamped by a State of Georgia Certified Land
Surveyor.
No application for the same type of zoning variance request, which has been previously
denied, shall be accepted by the Zoning Administrator until the expiration of at least six
(6) months immediately following the defeat by the Mayor and Council of such variance
request.
(E) Additional Application Requirements for a Zoning Ordinance or Map Amendment
Applications for amendment of these regulations may b% in the form of proposals to
amend the text of these regulations or proposals to amend the zoning map. Applications
for amendment shall be submitted to the Zoning Administrator. No application for a
zoning change requesting the same zoning district classification and affecting the
same parcel of property or part thereof shall be accepted by the Zoning
Administrator until the expiration of at least six (6) months immediately following
the defeat of the rezoning request by the Mayor and Council. However if the request
is for a different land use classification than the previous request, an application will be
accepted. All applications for zoning ordinance or map amendments must also include
the following minimum information:
(1) Text Amendment. In the case of a text amendment, the application shall set forth the
new text to be added and the existing text to be deleted.
(2) Map Amendment. An application for a map amendment shall include the following
information:
a. a map or plat of the land in question, and a description by metes and bounds,
bearings, and distances of the land, or if the boundaries conform to the lot
boundaries within a subdivision for which a plat is recorded in the land records of
Chatham County then the lot, block, and subdivision designations with appropriate
plat reference; and,
b. the area of the land proposed to be reclassified stated in square feet if less than one
(1) acre, and in acres if greater than one (1) acre.
(F) Additional Application Requirements for Sign Permit Approval
All applications for sign permit approval must also include the following minimum
information:
(1) Site Plan showing the position of the sign in relation to nearby buildings or
structures. Plan shall be to scale,
(2) Specifications setting forth the character of the sign in all its structural parts,
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(3) Electrical permit if required,
(4) Wind pressure capacity (Lbs./Sq.Ft. Horizontal Loads) if applicable; and,
(5) Construction cost of sign.
(G) Additional Application Requirements for Land Subdivision Approvad
Subdivision plat approval in Tybee Island is a three step process. The first step, a sketch
plan, is optional. The next two steps, preliminary and fmal plat approval, are required
before any lot, parcel, or tract of land can be divided into two ore pieces of property
and recorded in the Chatham County Clerk of Courts Office. If the subdivision of land
fits the defmition of a Minor Subdivision, the preliminary and final platting information
and procedure process may be combined. The information needed for each step of the
process land subdivision process is as follows:
(1) Sketch Plan. Prior to the filing of an application for approval of a preliminary plan, a
sketch plan may be submitted to the planning commission for review and
recommendation. When submitted, this sketch plan shall show in simple sketch form
the proposed layout of streets, roads, and other features in relation to existing
conditions. The sketch plan may be a freehand pencil sketch it shall include the
following information:
a. The boundary lines of the property being subdivided;
b. Watercourses and marshes found on the tract of land to be subdivided and the
limits of habitable area;
c. The location, name, and right -of -way width of any existing streets on the land to
be subdivided, or on land adjacent to the tract of land beingsabdivided.
(2) Preliminary Plan. Before work shall begin to open a subdivision, eight (8) prints of a
preliminary plan, showing the proposed design of the subdivision, shall first be
submitted to the planning commission for review and recommendation. Until the
preliminary plan of a proposed subdivision has been reviewed by the planning
commission, and approved by the mayor and council, a developer shall not
grade, scrape, or otherwise open or extend a street in the posed subdivision,
nor shall he stake out or lay out lots in such subdivision, nor shall he in any
manner cause construction to actually begin on a subdivision. The original copy
of the preliminary plan shall be drawn on transparent trams paper with either
black ink or soft pencil. Such plan shall be drawn at a scale of not less than two
hundred (200) feet to the inch. The preliminary plan shall cmatain the following
information:
a. Existing Features. All of the following existing features shall be noted on the
preliminary plan:
1. The bearings and distances of the boundary lines of the property to be
subdivided,
2. The location of any streams, natural drainage ways, and otter waterways which
exist on the property,
3. The distance and direction to public water lines and sanitary sewer lines,
4. The name, location, and right -of -way width of existing streets either on the
property or on the land adjoining the property,
5. Existing contours of the property in solid lines and at one -foot intervals and
based on mean sea level datum,
6. The name of subdivision or property owners adjoining the party,
7. The location of railroads, of public or private rights -of -way or
easements, and of parks or other public spaces either on the
property or adjoining the property; and,
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8. The location of all significant trees as defined in Article 2 of this
ordinance.
b. Proposed Design Features. All proposed improvements or alterations to the
property features shall be noted on the preliminary plat:
1. The location, purpose, and width of any proposed drainage or utility
easements.
2. Lot lines and lot line dimensions; proposed lot numbers.
3. The location and specifications for proposed streets and lanes,
including right -of -way lines, proposed paving, proposed finished
grades, proposed pavement width, if any profiles and typical
cross - sections of such streets, and such other information as
shall be required to show compliance with the design
specifications established by this chapter for streets.
4. Proposed street names.
5. Proposed final contours in dashed line at one-foot intervals and
based on mean sea level datum.
6. Proposed building lines.
7. Proposed crosswalks.
8. The location of proposed monuments.
9. The expected limits of the one- hundred-ear flood where
appropriate.
c. Other Information. In addition to the existing and prope ed features listed
above, the following information is also 'required with the preliminary
plat:
1. Name of proposed subdivision, scale of the plat, north arrow, date,
size of the tract being subdivided, key map showing location of
the proposed subdivision in the city.
2. A statement from the subdivider shall be placed on the preliminary
plat which shall describe the method by which storm sewers,
sanitary sewers, and water facilities will be provided. If septic
tanks or individual waste disposal systems are to be used in a
subdivision, then percolation tests shall be made in accordance
with county health department requirements and the results of
such test, together with a contour map showing the site of each
test hole, shall accompany the preliminary nap.
3. Grading and drainage plans shall be submitted with each subdivision application.
If the required drainage plans reveal that a request for
subdivision approval would overload the capacity of the channel
downstream or increase flood stages upstream, the subdivision
approval permit shall be denied, unless equivalent flow and
storage capacity is replaced and maintained by the owner within
the floodplain affected.
4. When the preliminary plan includes only a part of the tit on which the
subdivider has an interest, the developer shall submit a tentative
street plan for all of said tract.
5. All exhibits accompanying the preliminary plan shall be prepared by a registered
civil engineer and shall contain the seal of such engineer along
with a statement that the plat meets the provisions and standards
of the flood drainage prevention ordinance for the city
d. Deadline for Preliminary Plat Submission. The preliminary plan shall be
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filed with the planning commission in accordance with the procedures
set by the planning commission. The Mayor and Council will not act
upon a preliminary plat until it has met the approval of the Chatham
County Engineer or his designee.(ORD. 1999 -15; 05/27/99)
(Ord 1999 -25, Amended, 08/12/1999; Ord. 1999 -15, Amended, 06/04/1999)
Section 5 -050 PUBLIC NOTICE
After a completed application has been filed, the next step in the approval process for a zoning
action or subdivision of land required by this ordinance is to set a date for a public hearing on the
matter and render proper notice to the public. Proper public hearing notice procedures are as
follows:
(A) Legal Notice. Notice of public hearings before the Planning Commission and the Mayor and
Council as required by this section shall be published within a newspaper of general
circulation within the city in which are carried the legal advertisements of the city and
shall state the time, place and purpose of the hearing and shall also include the location
of property that is the subject of the zoning action, the present zoning district of said
property, and the proposed zoning district or proposed zoning action of said property.
Such notice for the official public hearing before the Mayor and Council shall be
published at least 15 days; but, not more than 45 days prior to the date of the hearing.
(B) Signs Posted. Where a zoning action of property is initiated, a designated official of the city
shall post a sign at least 15 days prior to the Mayor and Council public hearing, in a
conspicuous place on the property for which an application for a proposed zoning action
has been submitted. The sign or signs will contain information as to the current zoning
district, the proposed zoning district or zoning action, and the date, time and location of
the public hearings before the Planning Commission and the Mayor and Council.
(C) Notification to Adjacent Property Owners. At least fifteen (15) days, but not more than
forty-five (45) days before the scheduled public hearing, the zoning administrator shall
notify all neighboring property owners, either adjacent to the property proposed for
rezoning, or directly across a public street/road from that property. The notice shall
include the location of the property, its present zoning classification and the proposed
zoning classification. Failure of the zoning administrator to send notices or failure of the
property owner to receive notification shall not affect the validity of any zoning action.
This procedure exists as a supplement to the legally required notification procedures.
Section 5 -060 PUBLIC HEARING REQUIREMENTS
Whenever a zoning action or subdivision procedures take place, a hearing must be held before
the public. When an applicant requires more than one zoning action or subdivision procedure for
a development project, a separate public hearing must be held for each procedure or action. In
Tybee Island there are two public hearings held for each zoning action or subdivision procedure.
One before the Planning Commission and the other before the Mayor and Council. The Public
Hearing before the Mayor and Council is by record the official public hearing. The purpose of
each public hearing is to discuss information pertinent to the particular action or procedure.
During the hearing the following rules and actions shall be followed:
(A) General Rules of Conduct
Whenever a public hearing is required by this ordinance or by state law prior to
consideration of a zoning action, such public hearing, whether conducted by the Mayor
and Council or the Planning Commission, shall be conducted in accordance with the
following procedures:
(1) The public hearing shall be called to order by the presiding officer.
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(2) The presiding officer shall explain the procedures to be followed in the conduct of
the public hearing.
(3) If the subject of the hearing is initiated by an applicant other than the Mayor and
Council, the petitioner requesting such zoning decision, or the applicant' s agent,
shall be recognized first and shall be permitted to present and explain the request
for the zoning decision. Thereafter, all individuals who so desire shall be
permitted to speak regarding the zoning decision.
(4) If the request is initiated by the Mayor and Council, all members of the Council shall
be allowed to speak as they are recognized by the Mayor or presiding officer.
Thereafter, all individuals who so desire shall be permitted to speak regarding
the zoning decision.
(5) When any person wishes to speak at a public hearing, he shall raise his hand and,
after being recognized by the presiding officer, shall stand and give his name,
address, and make any comment appropriate to the proposed zoning decision. If
within two (2) years immediately preceding the filing of the applicant's
application for a zoning action, the speaker has made campaign contributions
aggregating to more than $250 to any member of the Mayer and Council or any
member of the City Planning Commission, it shall be the duty of the speaker to
disclose the following information five (5) days prior to the official public
hearing:
a. The name of the local government official to whom the campaign contribution or gift
was made;
b. the dollar amount of each campaign contribution. made by the applicant to the local
government official during the two (2) years immediately preceding the filing of
the application for the map amendment and the date of each contribution; and
c. an enumeration and description of each gift having a value of $250 or more made by
the applicant to the local government official during the two (2) years
immediately preceding the filing of the application for the zoning action.
d. In the event that no such gift or contribution was made, the application shall
affirmatively so state.
Campaign Disclosure Forms are available at the Tybee City Hall dung normal hours of
operation. Also, Campaign Disclosure Forms shall be male available to the
public at the Planning Commission Public Hearing for use in the official public
hearing before the Mayor and Council.
(6) The applicant shall have an opportunity, after all comments in opposition have been
made, to make summary remarks concerning the proposed zoning decision.
(7) Thereafter, the presiding officer shall announce that the pules hearing for the
requested zoning decision is closed, and the Mayor and Council or the Planning
Commission, as the case may be, shall immediately and openly discuss the
proposed zoning decision and vote on action which they are authorized to take.
The above rules of conduct for public hearing shall be the policies and procedures of the
City governing the calling and conduct of hearings under the Land Development Code.
Copies of these rules of conduct and policies and procedures shall be available for
distribution to the general public. In any action on a zoning decision and for each
zoning decision there shall be a minimum of 10- minutes time at the hearing for
presentation of data, evidence and opinion by proponents of the zoning decision and an
equal amount of time for presentation by opponents.
It is the intention of the governing body and it is hereby ordained that the provisions of
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this Ordinance shall become and be made a part of the code of Orcliazaance, City of Tybee
Island, Georgia, and the sections of this Ordinance may be renumbered to accomplish
such intention.(Ord. 1999 -06; 4/22/99)
(B) Actions Specific to the Planning Commission during a Public Hearing
In all zoning actions in the City of Tybee Island, the Planning Commission is a
recommending body and all fmal decisions must be made by the Mayor and Council.
However, the Planning Commission has an important role in the public hearing process.
This role is as follows:
(1) All proposed zoning actions shall be reviewed by the Planning Commission in a
public hearing in accordance with the procedures set forth inSection 6 (A).
(2) The Planning Commission shall review and consider a recommendation to the Mayor
and Council with respect to the application for a zoning aton. The Planning
Commission may decide to make no recommendation or it may make any of the
following recommendations with respect to an application for a zoning action:
approval, denial, deferral, withdrawal without prejudice, reduction of the land
area for which the application is made, change of the zoning district requested,
or imposition of zoning conditions; and,
(3) The Planning Commission shall submit its recommendation on a zoning action
application to the Mayor and Council prior to the scheduled public hearing in
which the Mayor and Council will consider the application kra zoning decision.
If the Planning Commission fails to submit a recommendation prior to the public
hearing, the Planning Commission's recommendgtion shall be deemed one of
approval.
(C) Actions Specific to the Mayor and Council during a Public Hearing
(1) Before taking action on a proposed amendment and after receipt of the Planning
Commission recommendations and reports thereon, the Mayor and Council shall
hold a public hearing on the proposed amendment at Clair next scheduled
meeting.
(2) So that the purpose of this zoning ordinance will be served and Sete health, public
safety and general welfare will be secured, the Mayor and Council may in its
legislative discretion:
a. Approve or deny the proposed zoning action as submitted,
b. Reduce the land area for which the application is made,
c. Change the zoning district to one other than that requested; or,
d. Add or delete zoning conditions as the Mayor and Council deems
appropriate.
(3) An action to defer a decision on the proposed amendment shall include a specific
meeting date to which the proposed amendment is deferred. The Mayor and
Council may also approve a withdrawal of an application, audit so stipulated by
the Mayor and Council in its decision to approve withdrawal, the twelve (12)
month limitation on re -filing of the application for the same property shall not
apply.
(D) Public Hearings Records Standards
The City Clerk or an agent of the City Clerk shall mechanically record the proceedings
of all zoning public hearings. If requested by any party, verbatim tranripts of the public
hearing can be prepared, but only if requested and purchased in advance by the
requesting party, who must arrange at his expense for a certified courtreporter to record
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and transcribe the hearing and furnish the original of the transciPt to the Mayor and
Council for its records. The record of the public hearing and all evidence (e.g., maps,
drawings, traffic studies, etc.) submitted at the public hearing shal16e noted as such and
shall become a permanent part of the particular zoning action's file.
(Ord. 1999 -06, Amended, 05/24/1999)
Section 5 -070 STANDARDS FOR SPECIAL REVIEW
Land uses listed in Article 4 of this ordinance that are permitted after speciaeview must follow
an administrative procedure prior to the issuance of any land development permit.
(A) Review Criteria. The Planning Commission shall hear and make recommendation upon such
uses in a district that are permitted after special review. The applicn to establish such
use shall be approved by the Mayor and Council on a finding that:
(1) The proposed use will not be contrary to the purpose of this ordinance,
(2) The proposed use will not be detrimental to the use or development of adjacent
properties or the general neighborhood or adversely affect de health and safety
of residents and workers,
(3) The proposed use will not constitute a nuisance or hazard because of the number of
persons who will attend or use such facility, vehicular movement acquainted
with the use, noise or fumes generated by or as a result of the use, or type of
physical activity associated with the land use,
(4) The proposed use will not be affected adversely by the exist* uses of adjacent
properties,
(5) The proposed use will be placed on a lot which is of sufficient sizeto satisfy the space
requirements of said use,
(6) The parking and all development standards set forth for each partir use for which a
permit may be granted will be met; and,
(B) Additional Mitigation Requirements. Planning Commission may suggestand the Mayor and
Council may impose or require such additional restrictions and stantards (i.e., increased
setbacks, buffer strips, screening, etc.)
(1) As may be necessary to protect the health and safety of workers and residents in the
community; and
(2) To protect the value and use of property in the general neighborhood.
(C) Adherence to Requirements. Provided that wherever the Mayor and Coil shall fmd in the
case of any permit granted pursuant to the provisions of the regulations, non-
compliance of any term, condition, or restrictions upon which suchpermit was granted,
the Mayor and Council shall rescind and revoke such permit after gig due notice to all
parties concerned and granting full opportunity for a public hearing..
(D) Permit Longevity. Special Review approval granted by the Mayor and Council shall be valid
for a period of twelve (12) months from date of approval. Such approval is based on
information provided in the application. Building permits may onlybe granted for plans
consistent with the approved application. Any deviation from the inwnation submitted
will require separate approval by mayor and council.
Section 5 -080 0
The site plan approval process is intended to provide the genera public, Planning
Commission, and Mayor and Council with information pertinent to how a new
development will affect the surrounding area and the City as a whole. Where no
variance is necessary for the intended project, or development, the is no evaluation
process or set of regulations other than what is required to be shown on the site plan
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and listed upon the application. Where no variance is requested, she plan requirements
are intended as a tool for public information. Where a variance azttlor zoning action is
requested in connection with a site plan, the standards applicable to the variance and/or
zoning action applied for shall apply.
(A) Process. Upon submittal of the site plan, the zoning admi�trator will review
the site plan for noticeable discrepancies and determine if there is a need to
apply for other zoning actions. The site plan is then forwarded to the Chatham
County Engineer. Once the engineer has submitted comments to the zoning
administrator, a public hearing shall be scheduled. The puldic hearing shall be
held regardless of whether the site plan meets the requirements of this
ordinance. Until the applicant addresses all of the engineer's comments and the
site plan is satisfacotry, the Mayor and council will not approve the plan.
However, once the first public hearing is held, site plan approval may
commence at any scheduled meeting of the Mayor and Coil.
(B) Other Zoning Actions. Because special review, variances and map
amendments require site plans, site plan review may be the first step in the
permitting process, however, the site plan should identify any other zoning .
actions necessary in order for the intended development to be constructed so
that a public hearing can be held on all such zoning actions simultaneously with
the public hearing on the site plan. Site plan approval should encompass
approval of all other zoning actions necessary to accomplish the development,
however, if the intended development is to be altered from an approved site
plan, additional public hearing and review is necessary if an additional special
review, variance or map amendment is necessitated by the proposed
alteration.(ORD. 1999-26; 8/12/99)
(1999 -26, Amended, 08/12/1999; Ord. 1999 -19, Amended, 06/15/1999)
Section 5 -090 VARIANCES
(A) Standards. After an application has been submitted to the Zoning Adminktrator , 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 stri t application of the
provisions in this ordinance only if the following fmdings are made:
(1) That there are unique physical circumstances or conditions beyond that of surrounding
properties, including irregularity, narrowness, or shallowness of the lot size or
shape, or exceptional topographical or other physical conditions, peculiar to the
particular property; and,
(2) That because of such physical circumstances or conditions, the property cannot be
developed in strict conformity with the provisions of the zoning ordinance,
without undue hardship to the property.
(B) Height Variances. For height variances, in addition to other requirenits, the petitioner
shall be required to add two feet (2') to each side yard set back for each one foot
(1') above thirty-five feet (35') in height and have safe -guard consisting of
Sprinkler Systems, Smoke Detectors and any other Fire Protection equipment
deemed necessary at the time by Mayor and Council. Where a rear yard abuts a
side yard of the adjacent lot, the petitioner shall be required toadd two feet (2) to
the rear setback for each foot above the thirty-five feet heft, and have safe
guards consisting of Sprinkler Systems, Smoke Detectors, and any other Fire
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Protection deemed necessary at the time by Mayor and Cnincil.
(C) Variance Longevity. After a variance has been granted by the Mayorand Council it shall be
valid for a period of twelve (12) months from date of appwal. 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 mayor and council.
(D) The staff, planning commission, and governing body, shall coma the factors stated
herein in reviewing variance applications in taking action on a particular
variance. In exercising the powers to grant variances, de mayor and council
may attach any conditions to its approval which it finds accessary to accomplish
the reasonable application of the requirements of the regulations. (ORD..
1999-27; 08/12/99)
Section 5 -100 STANDARDS FOR VARIANCE FROM THE FLOODDAMAGE
CONTROL REGULATIONS
After an application has been submitted to the Zoning Administrator anda Public Hearing has
been held by the Planning Commission, the Mayor and Council may grata variance from the
strict application of the Flood Damage Control Regulations in Article 8 provided that the
following has been considered:
(A) The danger that material may be swept onto other lands causing injuryaf others.
(B) The danger to life and property due to flooding or erosion damage.
(C) The susceptibility of the proposed facility and its contents to flood damage and the effect of
any damage on the individual owner.
(D) The importance of the services provided by the proposed facility to thecommunity.
(E) The necessity to the facility of a waterfront location where applicable.
(F) The availability for alternative locations, not subject to flooding or enon damage, for the
proposed use.
(G) The compatibility of the proposed use with existing and anticipated de lopment.
(H) The relationship of the proposed use to the comprehensive plan and fl®dplain management
for the area.
(I) The safety of access to the property in times of flood for ordinary and agency vehicles.
(J) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater
and the effects of wave action, if applicable, at the site.
(K) The costs of providing governmental services during and after floodingconditions including
maintenance and repair of public utilities and facilities such as sew gas, electrical and
water systems, and streets and bridges.
(L) Generally, variances may be issued for new construction and improveits to be erected on
a lot of one -half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing subse:dons (A) through (K)
have been fully considered. As the lot size increases above one -half acre, the technical
justification for issuing the variance increases.
(M)Upon consideration of the factors listed above and the purposes of this chapter, the mayor
and council may attach any conditions to the granting of variancesideems necessary to
further the purposes of this chapter.
Variances may be issued for the reconstruction rehabilitation or restorationstructures listed on
the National Register of Historic Places or the state inventory of historic plus although these
structures may fail some of the tests herein prescribed.
Section 5 -110 STANDARDS FOR ZONING ORDINANCE OR MAPAMENDMENT
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APPROVAL
In order to promote the public health, safety, and general welfare of they of Tybee Island
against the unrestricted use of property, the following standards and any ot1 factors relevant to
balancing the above stated public interest will be considered, when deemed appropriate, by the
Mayor and Council in making any zoning decision:
(A) The existing land use pattern,
(B) The possible creation of an isolated district unrelated to adjacent and nearby districts,
(C) The existing population density pattern and the possible increase or overtaxing of the load on
public facilities,
(D) Whether changed or changing conditions make the passage of the proposed amendment
reasonable,
(E) Whether the proposed change will adversely influence existing conditions in the
neighborhood or the city at large,
(F) Potential impact on the environment, including but not limited to draiie, soil erosion and
sedimentation, flooding, air quality, and water quality and quantity,
(G) The reasonableness of the costs required of the public in providing, improving, increasing or
maintaining public utilities, schools, streets and public safety necessities when
considering the proposed changes,
(H) Whether the proposed change will be detrimental to the value or improvement or
development of adjacent or nearby property in accordance with exig requirements,
(I) Whether the proposed change is out of scale with the needs of the nborhood or entire
City,
(J) Whether the proposed change will constitute a grant of special priviler to the individual
owner as contrasted with the adjacent or nearby neighborhood or witithe general public;
and,
(K) The extent to which the zoning decision is consistent with the current City Master Plan or
other local planning efforts, if any, of the City of Tybee Island.
Section 5 -120 SIGN PERMLT APPROVAL
It is the responsibility of the building inspector to determine whether the info ation provided by
the applicant meets the requirements of the sign regulations in Article 6. Owe a determination
is made the building inspector may grant sign approval. Sign permit approval does not
constitute approval of any other zoning action or permit.
Section 5-130 MAJOR SUBDIVISION PLAT PROCEDURE
It shall be the duty of the planning commission to inspect preliminary pleas and to
recommend approval or disapproval of such plans. It shall be the dutyof the planning
commission to inspect fmal plats and the information submitted withsuch final plats, and
to recommend approval of such final plats when the requirements of _ chapter have
been met and to recommend disapproval of such final plats when therequirements of this
ordinance have not been met. When the planning commission acts onaplat, it shall
forward it to the mayor and council with its recommendations
(A) Action on Preliminary Plan. I the planning commission finds that the proposed
design of the subdivision shown on the preliminary plan complies widi the
design requirements of these regulations, it shall recommend approval of such
preliminary plan to the mayor and council. If the planning commission finds
that the proposed design of the subdivision shown on the preliminaryplan does
not comply with the design requirements of these regulations, then de planning
commission shall either recommend disapproval of such plan or shall
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recommend approval of such plan on the condition that specified ablations are
corrected prior the submittal of the final plat. When the mayor aid counsel
disapprove of a preliminary plan, it shall give the developer the eons for
such disapproval in writing. Except where an extension of time is authorized
by the applicant, the planning commission shall have up to thirty MI) days
from the date of the submission of a preliminary plan to act on suckplan.
Unless the planning commission makes a recommendation for appeal or
disapproval on an application within the thirty-day period, it shall k deemed
that a recommendation of approval has been issued by the planning
commission. The mayor and council, following review by the plaeaing
commission, shall hold a public hearing in accordance with the preeedures
applicable thereto. Following the public hearing, the mayor and asncil may
either approve, disapprove or require modifications to the subdi ' -
plat.(ORD. 1999 -28; 8/12/99)
(B) When Preliminary Plan Approved, Work May Proceed. When a deudoper
receives approval of the preliminary plan showing the design of his proposed
subdivision, he may proceed with the construction of the subdivision, salt
construction shall conform with the design submitted to and approved bythe mayor
and council.
(C) Time Limit on Preliminary Approval. The mayor and council's append of a preliminary
plan shall be valid for one year. If work has not started on a subdivides which has been
granted preliminary plan approval on or before the end of this one-year-psiod, then the plan
of such subdivision shall be resubmitted for preliminary appi'8val; prodded, however, that
this time may be extended unless changes have occurred in this chapter,arin the character of
the property surrounding the property of the proposed subdivision why make it necessary
to revise the design of the proposed subdivision as determined by the mayor and council.
(D) Final Plat. Before a plat of a subdivision is recorded with the clerk of superior court of
Chatham County and the lots thereon offered for sale, an original an four (4) prints of a
fmal plat showing the final design of the subdivision shall be sub relied to the planning
commission for review. Until a final plat of a subdivision has be submitted to and
reviewed by the planning commission and approved and sigma by the Zoning
Administrator, Mayor, and Clerk of the city, the clerk of the SuperierCourt of Chatham
County shall not record the plat of such subdivision, nor shall the awns or agent of such
subdivision be authorized to transfer or sell any of the land within sash subdivision by
reference to a plat. For large subdivisions, the final plat may be sulanitted for approval
progressively in contiguous sections satisfactory to the planning commission. The
original copy of the fmal plat shall be drawn on eighteen -inch by - four -inch sheets
of Mylar reproducible material at a scale of not less than two hunched (200) feet to the
inch. Where necessary, the fmal plat may be several sheets accorr hied by an index
sheet showing the entire subdivision. The fmal plat shall cow the following
information:
(1) Primary control points to which all dimensions, angles, bearings, andsilar data on the
plat shall be referred.
(2) Tract boundary lines; right -of -way lines of streets; easements and atter rights -of -way;
property lines of all lots; and in all such cases with surveyed dimension, bearings
or deflection angles, radii, arcs, and central angles of all curves shown.
(3) Name and right -of -way width of each street or other right -of -way.
(4) Location, dimensions, and purpose of any easement.
(5) Number to identify each lot or site.
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(6) Purpose for which sites, other than residential lots, are dedicated orreserved.
(7) Minimum building set back line on all lots and other sites.
(8) Location and identification of monuments.
(9) Names of record owners of adjoining unplatted land.
(10) Reference to recorded subdivision plats of adjoining platted larrd by record name.
(11) Certificate that all survey work was performed by a registered civil engineer or
registered surveyor.
(12) Statement by owner, on the plat, dedicating streets, rights-of-way, easements, and
any sites for public use. This statement shall be signed by the owner, or his attorney as agent,
and shall read as follows:
All streets, rights -of -way, easements, and any sites for pubfk use as noted on this
plat are hereby dedicated for the use intended.
(owner or attorney as agent)
Such dedications must be formally and specifically accepkd by the mayor and
council of the city before such dedications shall be bindingon the city.
(13) Title, scale, north arrow, and date.
(14) Key map showing the location of the subdivision in the city.
(15) All plats shall show the expected limits of the one-hundred-year flood where
appropriate.
(16) Any further requirements as specified by 15- 060 -0607 O.C.G.A
(F) Certificate from County Health Department. If lots are to be served byneither public sewers
nor public water, nor both then the fmal plat shall be accompanimdby a certificate from
the county health department certifying health department approval of the water supply
system and/or waste disposal system to be used and health department approval of lot
sizes and lot widths established in such subdivision.
(G) Certificate from Engineer. At the time the final plat is submitted, it shall be accompanied by
a certificate from the developer's engineer certifying that the subdivider has complied
with either of the following conditions:
(1) All improvements have been installed in accord with the requireme is of this ordinance
and the flood damage prevention ordinance for the city (Article 8 of this
ordinance) and in accord with the design approved by the mayor and council on
the preliminary plan; and
(2) A bond, escrow account or certified check has been posted, which isavailable to the city,
and in sufficient amount to assure the completion of all required improvements,
as well as to assure the maintenance thereof for a period ofma more than twelve
(12) months after completion. The mayor and council may reduce the bond or
escrow account fifty (50) percent at the end of six (6) month At the end of the
second six (6) months, the developer shall request an inspection, and if no faults
or failures have developed, the mayor and council shall release the bond or
escrow. Such bond or escrow shall remain in force until re aced by the mayor
and council after due inspection of said improvements and shall not
automatically expire at the end of twelve (12) months.
(H) Filing the Final Plat. The fmal plat shall be filed with the planning commission not less than
twenty (20) days prior to a regular meeting of the planning commiss an.
(1) Action on Final Plat. If the planning commission finds that all the requirements of this
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chapter have been met, it shall recommend approval of the final Oland submit such plat
to the mayor and council. If the planning commission finds that an the requirements of
this chapter have not been met, and after deficiencies have been discussed and reviewed
with the sponsor, and the sponsor given a period of time which shill not exceed ninety
(90) days to take corrective action, then the planning commis m shall recommend
disapproval of the fmal plat to the mayor and council and shall sot forth its reasons for
such recommendations in writing. Except where an extension f time is authorized
[stipulated] by the applicant for fmal plat review, the planning mission shall have
thirty days from the date of the submission of a final plat to submii s recommendations
on such plat to the mayor and council. Unless such action is taken whin such thirty-day
period, then such plat shall be deemed to have received a recommmdation for approval
from the planning commission, and the mayor and council may take final action on such
plat without waiting further for the recommendations of the planniicommission.
(1) When the final plat has been approved, the city shall present the plat to the Clerk of
the Superior Court of Chatham County to be recorded. The Zoning A i for shall provide
the subdivider with the subdivision map book number and page number in#ich the subdivision
has been recorded by the clerk of the superior court. The cost of such recoiling shall be paid by
the subdivider and shall be deposited with the city clerk prior to such reco
(2) After the final plat of the subdivision has been recorded, then all lots shown on such
subdivision may be made available for sale and such subdisf en shall be entitled
to all privileges and services available to other subdivisionswithin the city.
(J) Revisions to Recorded Plat. If during the development process revises must be made to
either the preliminary or fmal plat as approved by thelhealth &partment, engineer,
Planning Commission or Mayor and Council, the following shall apply:
(1) Major revisions. The subdivider shall file with the planning commission copies of the
proposed revision to a recorded plat together with all supping information as
required by these regulations. Proposed revisions to a read plat which alter
or change in any way the street and/or utility layout of said plat shall be
submitted as a preliminary plan in accordance with Seam 4(G)(2) of these
regulations.
(2) Minor revisions. Proposed revisions to a recorded plat which do i alter or change in
any way the street and/or utility layout of said plat shall besobmitted as follows;
The subdivider shall file with the planning commission fear (4) copies of the
original plat with all minor revisions shown in red. lhe plats shall be
accompanied by a statement signed by all affected property owners
acknowledging their awareness of and approval of the swisions. Proposed
revisions shall be reviewed by the planning commission. Upm a finding that the
revisions comply with all applicable regulations, the rued plats shall be
submitted to the mayor and council for approval. One copyefthe approved plat
shall be recorded and one copy shall be attached to the o ly recorded plat
as part of the public record.
Section 5-140 MINOR SUBDIVISION PLAT APPROVAL PROCEDURE
Minor subdivisions may be submitted as final plats, and shall comply wither requirements of
these regulations, including minimum fmished floor elevation requirements,with the following
exceptions:
(A) Setback and dead -end street regulations established in the subdivision adinance will not
apply unless the streets' original development and the lots' original establishment was governed
by this chapter. Setback shall not be less than the average setback existing in. dm blocks on each
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and of the affected city block, in the street affected.
(B) Topographic information shall not be required, unless specifically requested by the city.
(C) Only one benchmark shall be required. An existing accessible benchmark within two
hundred (200) feet of petitioner's property, if shown on the plat, shall satis[pthis requirement.
(D) The developer shall submit a drainage plan for approval if requested *the city.
(E) Provided that where a series of minor subdivisions are developed or proposed immediately
adjacent to one another, the planning commission or mayor and coil may require the
developer to comply with the procedures for major subdivisions.
(F) Residential lots having peculiar shape or topography may be approved utilizing private
driveway access easements, provided the purpose and intent of these regulations are met.
Such easements shall have a minimum width of twenty (20) feet. Tie following notation
shall be placed on the subdivision plat: "The private driveway access easement is hereby
dedicated perpetually for use by the owners and residents of all lots within this
subdivision and will not be maintained by the city." This pswision will only be
applicable to minor subdivisions.
(G) Duplexes separated by a fire wall that extends at least three feet (3') above the roof line.
Section 5 -150 STANDARDS FOR SUBDIVISION PROPOSALS.
(A) All subdivision proposals shall be consistent with the need to minimize flood damage.
(B) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
(C) All subdivision proposals shall have adequate drainage provided to red= exposure to flood
hazards.
(D) Base flood elevation data shall be provided for subdivision proposals and other proposed
development.
Section 5 -155 DESIGN STANDARDS FOR MARITIME DISTRICT
The development plan for the maritime district shall comply with the folbwing standards:
(A) Access shall be located, designed and improved for safety,
convenience, efficient circulation on the property, and a minimum of
interference with normal traffic flow.
(B) Driveways and curb cuts intersecting with public rights -of -wayll
be marked and shall not exceed a maximum width of 30 feet.
(C) Pedestrian ways shall be separated from vehicular traffic ways.
(D) A natural or man made buffer shall be required where residentialuse
abuts commercial use in this district, 25 feet will be required.(i.
1995-17; 12/7/95)
(Ord. 1995 -17, Add, 11/10/1999)
Section 5 -160 ENFORCEMENT
(A) Zoning Enforcement Officer. The Mayor and council shall provide for the enforcement of
this chapter by appointing a Zoning Administrator, who shall, jointly with the City
Marshal and other inspections personnel, have the right to withhold building permits.
The Zoning Administrator shall not have the authority to grant approval to any building
permit that does not meet the requirements of the zoning ordinance.
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(B) Violations. Any building or structure that is erected, altered, convened, or maintained in
violation of this code shall be subject to a minimum penalty of $509.00. Continuance of
a violation shall be considered a separate and distinct offense for vary day the violation
is continued.
(C) Enforcement of Violations. When the zoning officer fmds that any provision of this
ordinance is being violated, the zoning officer or agent theieaf shall execute the
following procedures:
(1) Thirty (30) days prior to legal action by the city, send a written notice to the person
responsible for such violation, indicating the nature of the oblation and ordering
the action necessary to correct it. Additional notices maybe sent at the zoning
officer's discretion.
(2) Fifteen (15) days prior to legal action by the city, send a final Mice by certified mail
stating the action the zoning officer intends to pursue if the violation is not
corrected and shall advise that the zoning officer's decision may be appealed to
the Mayor and Council at the next scheduled meeting.
(3) The zoning officer shall request a summons, accusation, or complaint from the Clerk of
the Municipal Court of Tybee Island. "Complaint" l mean summons,
citation, accusation or statement of violation.
a. Upon receipt of the complaint, the Clerk of the Municipal Court shall cause
the complaint and a hearing notice to be issued and served upon the
owner of and any parties in interest in the propsty or sign which is
involved in or is the subject of the complaint. Suchbearing shall be held
before the Judge of the Municipal Court not less than ten days nor more
than 30 days after service of the complaint, unless a mtinued as provided
by law.
b. Complaints or orders issued by the Municipal Cram pursuant to the
provisions of this ordinance shall, in all cases, be served upon each
person in possession of said property, each ownts, and each party in
interest; and the return of service signed by the public officer or his
agent and the return of such public officer that suchparty or parties were
served either personally or by leaving a copy of thecomplaint or order at
the residence shall be conclusive as to such =vice, to the extent
permitted by law.
c. If any of the owners and parties in interest reside out of the City, service
shall be perfected by causing a copy of such co t or orders to be
served upon such party or parties by the sheriff or soy lawful deputy of
the county of the residence of such party or pads and the return of
services signed by the public officer or his agent or than the resident
initiating the complaint; and the return of such pulile officer that such
party or parties were served either personally or by having a copy of the
complaint or order at the residence shall be conclusive as to such
service, to the extent permitted by law.
d. Nonresidents of this state shall be served by posting a copy of such
complaint or orders in a conspicuous place on premiers affected by the
complaint or orders. Where the address of such nonresidents is known, a
copy of such complaint or orders shall be mailed to dem by registered or
certified mail.
e. In the event either the owner or any party in interest is aminor or an insane
person or person laboring under disabilities, the guardian or other
personal representative of such person shall be moved and if such
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guardian or personal representative resides outside the county or
municipality or is a nonresident he shall be served as provided for in
subsection (C)(3)d. of this section. If such guardian or personal
representative or in the event such minor or insane person lives outside
the City or is a nonresident, service by leaving a copy at the place of his
residence which shall be sufficient evidence as to the service of such
person or persons; in the case of other person who live outside of the
City or are nonresidents, service shall be perfected by serving the judge
of the probate court of the county wherein such property is located who
shall stand in the place of and protect the rights of such minor or insane
person or appoint a guardian ad litem for such person.
f. In the event the whereabouts of any owner or party in interest is unknown
and the same cannot be ascertained by the zoning officer in the exercise
of reasonable diligence and the zoning officer shall make an affidavit to
that effect, then the service of such complaint or order upon such
persons shall be made in the same manner as provided in subsection
(C)(3)d. of this section or service may be perfected upon any person,
firm, or corporation holding itself out as an agent for the property
involved.
(D) Complaints Regarding Violations. Whenever the zoning enforcement officer receives a
written, signed complaint alleging a violation of this ordinance, he or she shall
investigate the complaint, take whatever action is warranted, and inform the complainant
in writing what actions have been or will be taken.
(E) Persons Liable for Violations. The owner, tenant, or occupant of any building or land or part
thereof and any architect, engineer, builder, contractor, agent, or other person who
participates in, assists, directs, creates, or maintains any situation that is contrary to the
requirements of this ordinance may be held responsible for the violation and suffer the
penalties and be subject to the remedies herein provided.
Section 5 -170 OTHER CITY ACTIONS AFFECTED BY THIS ORDINANCE
(A) Alcohol Beverage License
The Mayor and Council shall not approve an alcohol beverage license to any
establishment that is not in compliance with this ordinance.
(B) Occupational Taxes
No business shall receive a occupational tax certificate unless such business is in
compliance with this ordinance.
(C) Chatham County Tax Assessment
Zoning actions conducted by the Mayor and Council of Tybee Island may affect the tax
assessed value of a lot or parcel on Tybee Island. It is the responsibility of the land
owner to notify the assessor of such changes.
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Article 6
SIGN REGULATIONS
Sections:
6 -009 Editor's Note to Article 6.
6 -010 ❑
6-020 PERMIT REQUIRED
6-030 ❑
6-040 EXEMPTIONS; SIGNS NOT REQUIRING A PERMIT
6 -050 ❑
6-060 UNSAFE SIGNS
6-070 ❑
6-080 DESIGN STANDARDS
6-090 ❑
6-100 RELIEF FROM SIGN DESIGN REQUIREMENTS
6 -110 ❑
6-115 ❑
6-120 SEVERABILITY AND CONFLICT
Section 6 -009 Editor's Note to Article 6.
No sign shall be constructed, altered or maintained within the corporate limit of the city except
in conformance with the requirements of this ordinance.
The city is both a residential and tourist community. The proper control ofsigns is therefore of
particular importance to both residents and visitors. The right to identTjt a place must be
consistent with the objectives of the community to retain its unique character and economic
advantages which rest largely on the quality of its appearance.
It is the intent of these regulations to promote public safety and welfare; and,protect private and
public property through fair and consistent enforcement of sign control.
Section 6 -010 ❑
All signs that are visible from a state highway that is part of the interstate a®d primary highway
system must also conform with the Georgia Outdoor Advertising Law (Official Code of Georgia,
Annotated, Section 32 -6 -70, et.seq.) and the rules and regulations of the Georgia Department of
Transportation. Where incidents of conflict between the state code and the city code exist the
more stringent regulation shall apply.
Section 6 -020 PERMIT REQUIRED
All signs erected, and signs which are altered or repaired at a cost of 50 %® of the replacement
value unless specifically exempted by this ordinance must be permitted amp licensed by the
city.
Section 6 -030 ❑
No sign as regulated by this Ordinance shall be erected or continued to be displayed at the
intersection of any street or any public right -of -way in such a manner as to obstruct free and clear
vision; or at any location, by reason of the position, shape, color it may interfere with, obstruct
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the view of, or be confused with any authorized traffic sign, signal or devicq or which makes use
of the words, "STOP', "LOOK', "DRIVE -IN ", "DANGER ", or any othermord, phrase, symbol
or character in such manner as to interfere with, mislead, or confuse traffic.
Section 6 -040 EXEMPTIONS; SIGNS NOT REQUIRING A PERMIT
Exemptions shall not be construed as relieving the owner of such signs fromthe responsibility of
complying with certain applicable provisions of this chapter. The exemptions shall apply to the
requirement for sign permit only, and no sign permit shall be required For the erection of the
following signs:
(A) One sign not exceeding four (4) square feet per residential use indicating a resident's name
and street address of the premises.
(B) Traffic or other municipal signs, historic markers, legal notices not exceeding sixteen (16)
square feet in sign area, danger, and such temporary emergency or non- advertising traffic
control- guidance signs as may be approved by the city, or mandated by state or federal
law. The city and state can not be hindered in its right to erect signs in its public safety
role.
(C) Signs not exceeding thirty -two (32) square feet in sign area and used in connection with
political campaigns or a locally sponsored civic, cultural, health. safety or welfare
campaign, provided that all such signs shall be removed within seven (7) days after the
event or campaign. Such signs shall be located on private property.
(D) Names of buildings, date of erection and commemorative tablets when azt into any masonry
surface and made a permanent and integral part of the building.
(E) Memorial signs or plaques not to exceed four (4) square feet in "sign area.
(F) Bulletin boards for public, charitable, educational, or religious instititions not to exceed
fifteen (15) square feet; provided, such sign is located on the premier of said institution.
Such sign shall be placed flat against the principal use structure or not less than five feet
from any property line.
(G) Signs identifying the architect, engineer, developer or contractor when placed on the site
under construction, alteration, or removal not to exceed six (6) square feet when located
within or facing residential zones and not to exceed sixteen (16) square feet when located
in commercial zones. All such signs shall be removed from the site within seven (7) days
after issuance of a certificate of occupancy.
(H) One temporary non - illuminated real estate sign for each street frontage advertising only the
sale, lease, or rental of the premises or property upon which said sign is located. For
residential zones, such signs shall not exceed six (6) square feet in signarea; except, where
multi -use establishments are involved then such sign may be increased in size to sixteen
(16) square feet. Such signs shall be placed no closer than five feet from the street right -of-
way line or shall be attached to the principal use structure. For commercial zones, the
signs shall not exceed sixteen (16) square feet in sign area and shall be placed no closer
than ten (10) feet from the street right -of -way line or shall be attachedia the principal use
structure. All such signs shall be removed within seven days after the property has been
sold or rented.
(I) Window signs.
(J) Canopy signs.
(K) Banners shall not exceed thirty-two (32) square feet in residential zones and one hundred and
sixty feet in commercial zones when used in connection with political campaigns or a
locally sponsored civic, cultural, health, safety or special event. Bannersshall be placed no
earlier than thirty (30) days prior and removed within two (2) days ofthe completion of
the campaign, event or exhibit. No banners shall be erected over any street, lane or
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highway of the City, nor shall a banner be attached to any tree or utility pole without city
approval.
Section 6 -050 ❑
In the event a business does not renew its business license, the sign owner shall immediately
remove any sign, identification or advertising of said business, or any product sold thereby;
provided, however this requirement shall not apply where under the provisions of this chapter, an
existing conforming sign may be altered to advertise a new business or product sold thereby, and
there is evidence that a new business will be in operation on the premises within six (6) months.
Section 6-060 UNSAFE SIGNS
If a sign displayed is found to be unsafe or unsecured by the Inspection Department staff, the
owner, lessee or property owner shall be asked to disassemble, remove or repair the sign. If in
the opinion of the Code Enforcement Department staff, the sign constitutes an immediate peril to
persons or property and the owner cannot be contacted, the Mayor and Council may immediately
exercise condemnation proceedings to cause removal of said sign, and the expense thereof, shall
constitute a lien upon the property upon which said sign is located or attached. Condemnation
proceedings are listed in Section 5 -0106 of this ordinance.
Section 6 -070 ❑
The following signs are not permitted under the provisions of this ordinance:
1. Banners unless exempted by Section 6 -030,
2. Portable signs and other temporary signs unless permitted under temporary use Section 6-
080,
3. Flashing and/or animated signs,
4. Signs erected on or located on any street or public right -of -way, curb, curb stone, hydrant,
lamp post, trees, barricade, temporary walk, utility pole, or public fence.
5. Signs with revolving or rotating beams of light, and
6. Handbills.
Section 6 -080 DESIGN STANDARDS
(A) Illumination. Illumination devices, such as but not limited to floodlights or spotlights, shall
be so placed and so shielded as to prevent the rays or illumination from being cast into
neighboring dwellings and approaching vehicles. All electrically wired signs shall require
an inspection upon installation and will be monitored periodically by the city.
(B) Wind Pressure. Signs shall be capable of withstanding the horizontal loads of twenty -nine
(29) pounds per square foot.
SIGN INSTALLATION WITH WIND LOAD REQUIREMENTS
SIGNS TO 32 SQUARE FEET, 0 -0102 FOOT IN HEIGHT
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MINIMUM MATERIALS OR EQUIVALENTS:
1. SIGN SURFACE:
A.
B.
2. POSTS OR PIPES:
A.
B.
C.
3. HARDWARE:
A.
B.
4. POST OR POLE BURY DEPTH:
A.
B.
C.
29 lbs.
Per S. F.
Wind loads
(C) Area and Height Size Computations. The following principles shall control the computation
of sign area and sign height for sign restrictions in all zoning districts.
(1) Computation of Area of Individual Signs. The area of a sign face (which is also the sign
area of a wall sign or other sign with only one face) shall be computed by means of the
smallest square, circle, rectangle, triangle, or combination thereof that will encompass
the extreme limits of the writing, representation, emblem, color, or other display,
together with any material or color forming an integral part of the background of the
display or used to differentiate the sign from the backdrop or structure against which it is
placed, but not including any supporting framework, bracing, or decorative fence or wall
when such fence or wall otherwise meets these or other Ordinances or Regulations and is
clearly incidental to the display itself.
(2) Computation of Area of Multi-Faced Signs. The sign area for a sign with more than one
face shall be computed by adding together the area of all sign faces visible from any one
point. When two identical sign faces are placed back to back, so that both faces cannot
be viewed from any point at the same time, and when such sign faces are part of the same
sign structure and are not more than 42 inches apart, the sign area shall be computed by
the measurement of one of the faces.
(3) Computation of Height. The height of the sign shall be computed as the distance from the
base of the sign at average adjacent grade to the top of the highest attached component of
the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to
construction or (2) the newly established grade after construction, exclusive on any
filling, berming, mounding, or excavating solely for the purpose of locating the sign. In
cases in which the normal grade cannot reasonably be determined, sign height shall be
computed on the assumption that the elevation of the nearest point ofthe crown of a
public street or the grade of the land at the principal entrance to the principal structure on
the zone lot, whichever is lower.
(D) Residential Signs
For all residential uses, only the following signs are hereby allowed.
(1) All signs exempted from this ordinance as described in Section 6 -030.
(2) Permanent Subdivision Signs at residential subdivision entrances:
a. Shall not exceed twenty -four (24) square feet in area.
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b. Shall not exceed one (1) sign per roadway entrance to the subdivist.
c. Shall be limited to the name of the subdivision address and developer name or logo.
d. May be externally illuminated.
e. Must be shown on preliminary plat during subdivision review.
(E) Commercial Signs
For all commercial uses, only the following signs are hereby permitted.
(1) Wall Signs.
a. Number. There shall be not more than one (1) wall sign for each principal building
except where the building abuts two (2) or more streets, one (1) wall sign oriented to
each abutting street shall be permitted.
b. Area. The gross surface of a wall sign shall not exceed ten (10) parent of the area of the
building wall, including doors and windows, to which the sign is tole affixed or two
hundred (200) square feet, whichever is smaller.
c. Height. A wall sign shall not project higher than the parapet line of he wall to which the
sign is to be affixed or twenty (20) feet, as measured from the baseofthe building wall
to which the sign is to be affixed, whichever is lower
d. Special Conditions. Where a principal building is devoted to two or more permitted
uses, the operator of each such use may install a wall sign upon his/her proportionate
share of the building wall to which the sign is to be affixed. The maximum gross surface
area of each such wall sign shall be determined by calculating the proportionate share of
the area of the building wall, including doors and windows, to which the sign is to be
affixed and applying such proportion to the total permitted wall sigaaggregate gross
surface area for the building.
(2) Freestanding Signs.
a. Number. There shall not be more than one (1) freestanding sign foreach principal
building.
b. Height & Size. All freestanding signs must meet the parameters listed in the following
table:
Class
I
II
m
Street
Speed Limit
(mph)
IV
0 -0200
20 -0305
20 -0305
36 -0504
Minimum
Frontage
(feet)
50
80 -01050
150+
150
Maximum Size
Area
(square feet)
10
20
50
60
Maximum
Height
(feet)
12
12
20
25
In the event that there is more than one principal use, the sum total foreach sign shall not
exceed the maximum size allowed per building.
(3) Projecting Signs.
a. Number. For all principal uses occupying one hundred twenty-fin (125) or less
linear feet of street frontage, "projecting" signs shall be permitted one (1) square foot of
display area per sign face per linear foot of frontage occupied by eaeh principal use;
provided, that a maximum sign area of forty -five (45) square feet shall be permitted per
sign face for each projecting principal use sign allowed. For all principal uses with
building frontage exceeding one hundred twenty-five (125) linear f, one additional
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foot of sign area shall be allowed for each additional foot of buildize frontage occupied
over one hundred twenty -five (125) feet; provided, such sign shalln t exceed one
hundred seventy -five (175) square feet in area.
b. Projection. The outer edge of a projecting sign shall not extend maze than six (6) feet
from the building to which it is attached.
c. Height. The height of a projecting sign shall not extend above theparapet wall of the
building, and the lowest point of the projecting sign shall not be lethan ten (10) feet
above the established grade.
(4) Roof Mounted Sign. Roof mounted signs shall not extend above the peak of the roof or
four feet (4') above a flat roof.
(5) Service Island Identification Signs. Service island identification sips indicating the type
of service offered, the price of gasoline, and other relevant informatnn or direction to
persons using the facility but containing no advertising material ofany kind shall be
subject to the following:
a. Type. Service island identification signs may be either wall or freestanding signs.
b. Number. There shall not be more than one (1) service island identil&ation sign for each
service or pump island located on the premises.
c. Area. The sign area of a service island identification sign shall note teed twelve (12)
square feet.
d. Height. A service island identification sign shall not project higherden fifteen (15) feet.
(6) Directory Sign. A directory sign may be used for places with moren one business.
a. Number. One sign shall be permitted for shopping center or office anplex. No other
freestanding sign shall be permitted.
b. Size. The sign shall be permitted one -half square foot of sign aautfor each foot of lot
frontage provided such sign shall not exceed two hundred fifty (250}square feet or
twelve (12) square feet per use, whichever is greater.
(7) Temporary Sign.
a. Number. One temporary sign shall be permitted per establishment.
b. Size. The sign shall be no more than thirty -two square (32) feet in sip area.
c. Time. The sign shall be displayed for no more than fourteen (14) dap.
d. Permit. The establishment shall notify the city prior to displaying design to give notice
of intent. No permit is required. Each establishment is limited to displaying a temporary
sign no more than four times a year.
e. Location. Temporary signs shall be located on the lot upon which thespecial, unique, or
limited activity, service product, or sale is to occur. Temporary sigilocated on a public
right -of -way will be subject to impoundment.
(F) Signs on Vacant Property in Commercial Zoning Districts
Lots in commercial zoning districts with no primary structure may have may one sign that
complies with the following:
(1) The sign shall not exceed an area of 192 square feet.
(2) The sign shall not be located as to obstruct the visual display of anyesisting principal
use sign.
(3) The sign shall setback from the street - right -of -way line a distance afar least fifteen (15)
feet.
(4) The sign shall not exceed twenty -five (25) feet in height.
(5) The sign must comply with the Coastal Marshlands Protection Act 41970, SEC: 12 -5-
288 (b-4) which restricts the construction of structures in the marshes the obstruction
of the marsh view by signage.
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(6) The sign with a back exposed to view in whole or in part shall havethe back of such sign
covered, screened, or painted to blend in with the surrounding area.
(F.1) Advertising Benches:
(1) The sign area shall not exceed twelve (12) square feet and shall be designed to a
maximum of six (6) feet in length and two (2) feet in width and shall be restricted to the occupant
side of the sign. Reflective or metallic paints shall not be used for any portkin of the sign.
(Ord.1996- 29;11/14/96)
(G) Signs in Neighborhood Marina Districts (NM)
Only one principal use sign shall be visible from the adjacent public street. That sign shall not
exceed a maximum size of thirty-two (32) square feet in area nor eight (8)feet in any outer
dimension. Any sign if illuminated shall be externally lit, non - flashing, and containing no neon
illumination. The maximum height of the sign shall not exceed fifteen (15)feet above the
average ground elevation of the base of the sign or from the structure fouIation to which it is
attached. No sign shall be located closer than five (5) feet to the property line or street right -of-
way.
(H) Signs in Transitional Business Residential Districts (TBR)
For all residential and commercial uses, only the following signs are hereby allowed and then
only if accessory and incidental to a permitted use:
(1) Residential use signs as permitted in Section 6- 070(E) of this article.
(2) Commercial use signs as permitted in Section 6- 070(F) of this article.
(1) Signs in Parks- Conservation Districts
There is no limit to the number or design of signs in this district. However, before a permanent
sign is placed on a lot or parcel in this district, the applicant shall'°appear byre Mayor and
Council at a regularly scheduled meeting.
(J) Signs in Environmental- Conservation Districts (EC)
All signs in any size shape or form are strictly prohibited in the Environmental- Conservation
Districts.
(1996- 15;8 -8 -96)
Section 6 -090 ❑
(A) General. Any sign which by its height, area, and location does not conform to the
requirements of this ordinance shall be termed nonconforming.
(B) Alterations to Non - Conforming Signs. No nonconforming sign shall be structurally altered
or moved, unless brought into conformity with the requirements of this ordinance, except
that such signs may have normal maintenance including repainting orehanges in copy.
(C) Continuation and Removal. All non - conforming signs that were properllpermitted and
existing before the effective date of this ordinance may continue in use in accordance with
the other provisions of this ordinance.
(D) Damage. No non - conforming sign that has been damaged by more than fifty (50) percent of
the fair market value of the sign immediately prior to damage, shall be restored, except in
conformity with the regulations of this ordinance.
Section 6 -100 RELIEF FROM SIGN DESIGN REQUIREMENTS
A sign may be granted relief from the strict application of the design standanls for height and
area by adhering to the following requirements:
(A) Sign Height. The maximum sign height may be increased by one foot (1)for every two feet
(2') that the entire sign is placed back from all property lines includingside and rear lines.
(B) Sign Area. The maximum sign area may be increased by two (2) square feet for every one
foot (1') that the entire sign is placed back from all property lines incluling side and rear
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lines. This does not apply to wall or roof mounted signs.
Section 6 -110 ❑
Notwithstanding any other provision herein to the contrary, any sign or sign which meet
requirements as to design standards, size, illumination, and location for the premises where a
sign is sought to be permitted, shall be allowable for the purpose of displaying a message. (1996-
15;8 -8-96)
Section 6 -115 ❑
Maritime District Signs:
(These are the same provisions as the current sign ordinance)
The following signs are not allowed in the maritime district under the provisions of this
ordinance;
(1) Banners
(2) Flashing and/or animated signs
(3) Signs erected on or located on any street, or public right -of -way, curb, curb stone,
hydrant, lamp post, trees, barricade, temporary walls, utility pole, orpublic fence.
(4) Signs with revolving or rotating beams of light, and
(5) Handbills.
Commercial signs: (see sign regulations for wall signs, free standing signs, projecting signs,
roof mounted signs, directory sign and temporary signs.(ORD. 1995-17; 12/7/95)
(Ord. 1995 -17, Add, 11/10/1999; Manual, Amended, 11/10/1999)
Section 6 -120 SEVERABILTTY AND CONFLICT
If any section, subsection, clause or provision of this chapter shall be held to be invalid or
unconstitutional by any court of competent jurisdiction, such holding shall not effect any other
section, subsection, clause, provision or portion of this chapter which is not invalid or
unconstitutional. Where the provisions of this ordinance are in conflict wit'haiher ordinances, the
most restrictive provision shall be enforced. The enactment of this severabiy and conflict
clause in this chapter shall not be construed as expressing an intent that the severability and
conflict clause contained in the overall Land Use Plan, Code Section 1- 050,should not be
applicable to this and all other chapters. The purpose of the inclusion of this particular
severability clause is to emphasize the intention of the Mayor and Council that in the event any
particular provision of the Sign Ordinance is held to be invalid, then all other provisions of such
ordinance to the fullest extent possible, remain valid and enforceable. (1996 - 15;8 -8 -96)
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Article 7
TREE REMOVAL REGULATIONS
Sections:
7 -010 FINDINGS OF FACT
7 -020 PURPOSE
7 -030 APPLICATION AND EXCEPTIONS
7 -035 TREE PROTECTION DURING PLAT AND PLAN APPROVAL
7 -040 BUILDING PERMIT REQUIRED
7 -050 TREE REMOVAL REQUIREMENTS
7 -060 REMOVAL OF SIGNIFICANT TREES
7 -070 TREE PROTECTION DURING DEVELOPMENT
7-080 STANDARDS FOR TREE PLANTING AND REPLACEMENT
7 -090 PENALTIES FOR UNLAWFUL TREE REMOVAL
7 -100 APPEALS OF ACTIONS
Section 7 -010 FINDINGS OF FACT
(A) Natural vegetative growth and trees add physical, aesthetic, and econcank value to the island
and should be preserved where possible.
(B) Trees, help stabilize the soil with their root systems and control soil erasion caused by storm
damage as well as moderate surface runoff of rainwater.
(C) Trees make life more comfortable on the island by providing shade, cooling both land and
air, reducing noise and air pollution, providing scenic amenities, and provide habitat of
desirable wildlife.
(D) Trees are essential to the present and future health and welfare of rents and visitors to
Tybee Island.
(ORD.1996 -14; 7/11/96)
Section 7 -020 PURPOSE
The various sections of this article are adopted for the following purposes:
(A) To help control the effects of accelerated water run -off and soil erosion due to clearing, and
assist in dune stabilization and mitigation of storm drainage.
(B) To preserve and protect trees for buffers where land use and zoning requirements dictate
such buffers.
(C) To maximize the positive benefits of sitting buildings and parking on land in relationship to
mature trees.
(D) To ensure that responsible public agencies are made aware in timely fadrion of proposed tree
removal activities.
(E) To help protect the investments of property owners and buyers, and bride mature native
island trees for the enjoyment of future generations.
Section 7 -030 APPLICATION AND EXCEPTIONS
The requirements of this ordinance shall apply to all parcels within the Chy. No trees shall be
removed within the City of Tybee Island except in compliance with this ordinance, with the
following exceptions:
(A) No permit shall be required for the removal of trees which endanger or obstruct public safety
and welfare as determined by the Zoning Administrator as designated City
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representative.
(B) No permit shall be required for the trimming or pruning of trees, provided that such
maintenance activity shall not be so extensive as to constitute tree removal as defined
above.
(C) This ordinance shall not apply to utility rights -of -way.
Section 7 -035 TREE PROTECTION DURING PLAT AND PLAN APPROVAL
During The subdivision plat approval process, and also during the site plan approval process, the
existing location of all significant trees shall be considered so as to preserve such trees unless no
feasible alternative exists in order to make reasonable, beneficial, economic use of the property.
To be considered are the locations and anticipated locations of drainage and utility structures,
water and sewer lines, streets, sidewalks, driveways, final site contours, b ing footprints, and
other impacts on existing significant trees. When no feasible alternative exits except to remove
existing significant trees, their planned removal shall be noted on the plans, as well as the
location, size, and types of trees planned to replace the trees planned to be removed.(ORD. 1996-
14;7/11/96)
Section 7 -040 BUILDING PERMIT REQUIRED
Any person desiring to clear land or remove trees to a density below that inquired in Section 7-
050 or remove a significant tree pursuant to this article shall apply for a building permit from the
City. See Section 9 -030 of this ordinance for requirements and application procedure. A tree
survey must be submitted before a permit can be issued. (ORD. 1996-14;7111B6)
Section 7-050 TREE REMOVAL REQUIREMENTS
(A) Under the limits and conditions set forth below, trees may be removed from a lot or parcel
provided that a minimum density of three trees per each 4,500 square feet of area is
maintained, or the pre - removal density, if the existing tree density is less.
(B) Except as provided in Section 7 -060, no significant tree shall be removed from any vacant
lot or undeveloped parcel within the City.
(C) If the sitting of a building footprint, the associated driveway, and parking areas require the
removal of tree to a density of less than that stated in subsection (A), the City Manager
or designated City representative may issue a permit to remove trees to a density below
this standard under the following conditions:
1. The applicant must show that, within the applicable setback limitations, no locations
for building footprints and driveway /parking exist that comply with the density
requirement above.
2. Removal of trees shall be limited to either the fewest number orb least total DBH
necessary for sitting of the building and the least destructive configuration of
driveway /parking.
3. Following construction, trees shall be re- planted on the lot/parcel to establish the
minimum density as stated in subsection (A). Such pleating shall be in
accordance with the standards set forth in Section 7- 090.(ORD. 1996-
14;7/11/96)
Section 7 -060 REMOVAL OF SIGNIFICANT TREES
(A) Significant trees may be removed only under the following situations or conditions:
1. Upon showing by the applicant that removal of a significant tree is necessary to
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make reasonable beneficial, economic use of the property; such showing must
demonstrate that there is no feasible alternative that would preserve the tree, and
must be made for each significant tree the applicant proposes to remove,
2. For improvements, expansion and/or new construction of infrastructure services,
including water /sewer systems and streets, but only jf _no alternatives are
available; and,
3. Prior to the issuance of a Building Permit allowing the removal of a significant tree, the
City Administrator shall confirm in writing that one (1) or more of the situations
enumerated hereinabove exists.
(B) The Building Permit allowing the removal of a significant tree shall require the
landowner /permittee to comply with the requirements set forth in Sections 7 and 8 and
the additional following conditions:
1. Each removed significant tree shall be replaced with one (1) or more trees of like
species, having an aggregate DBH at least equal to the DBH of the removed
tree,and meeting .the requirements of Section 7-080; such replacement tree(s)
shall be considered to be one (1) tree for the purpose of meeting the density
requirements established in Section 7- 050(A); and,
2. Such other conditions as may be proposed by the City Administrator and approved by City
Council.(ORD. 1999-20; 06/10/99)
(Ord. 1999 -20, Amended, 06 /15/1999)
Section 7 -070 TREE PROTECTION DURING DEVELOPMENT
On each lot or tract where construction is ongoing pursuant to a validly issued Building Permit,
protective barricades shall be placed around trees at the tree dripline which are to be retained,
and shall remain in place throughout construction. The areas within the protective barricades
shall remain free of all building materials, construction debris, vehicles, and development
activities. Penalties for violation of this section shall be t he same as found in section 7 -090.
(ORD. 1999-21; 06/10/99)
(Ord. 1999 -21, Amended, 06/15/1999)
Section 7 -080 STANDARDS FOR TREE PLANTING AND REPLACEMENT
(A) Pursuant to Building Permit. Trees planted or replaced pursuant to a validly issued building
permit in accordance with this article shall be botanically compatible with local
conditions, healthy, disease and pest free, and may have a minimum size of two (2)
inches, caliper measure. The permittee/landowner shall choose the species of
replacement trees from the native species list for Tybee Island, and ideally, planting
should be done immediately following construction or in the earliest growing season
thereafter.
(B) Pursuant to citation of violation. If commercially available within the area, replacement trees
planted pursuant to citation of violation shall be of the same type (species) and size
(height and DBH) as the trees being replaced. If not so available, one two (2) inch tree,
caliper measure, for each two (2) inches DBH of the tree being replaced, shall be planted
from the approved species list for Tybee Island.
(C) All replanted or replacement trees must survive at least two (2) full calendar years for the
permittee/landowner to be considered to be in full compliance with this Article. If the
replanted tree becomes unhealthy or dies, it must be removed from the site and replaced
as soon as conditions permit. This duration is not to exceed one calendar year.
(D) Off -Site Tree Planting Option. If it is not possible to replant trees to the specifications
required in these regulations, the applicant may chose to plant the required trees on city
property in a location specified by the Zoning Administrator. A donation may be made
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to the Palm' s Up fund per an established fee schedule.
Section 7 -090 PENALTIES FOR UNLAWFUL TREE REMOVAL
Violation of this Article of the ordinance shall be subject to the following fines and restrictions:
(A) Any person who violates any provision of this ordinance or fails to comply with any notice
issued pursuant to the provisions of this ordinance, upon being food guilty of violation,
shall be subject to a fine not to exceed one thousand dollars ($1,000)for each unlawfully
removed tree.
(B) In lieu of, or in addition to, the penalties imposed in Subsection (A) heaein above, the party
or parties found to be in violation of this ordinance shall be required to plant or replace
trees, pursuant to the requirements of Section 7 -080. The requiremegs of this subsection
are mandatory, and shall apply regardless of any other penalties imposed for violations
of this article.
(C) Where violation of this article is associated with construction, pursuant to a City Building
Permit, a Certificate of Occupancy may not be issued until such violation has been
remedied and trees are planted or replaced, pursuant to the requirements of Section 7-
080, as necessary to meet the requirements of this ordinance. The zequirements of this
subsection are mandatory, and shall apply regardless of any other penalties imposed for
violation of this ordinance (ORD. 1996-14;7/11/96)
Section 7 -100 APPEALS OF ACTIONS
Appeals of decisions of the City Administrator, City Marshal, or designee, pursuant to this
ordinance shall be made to the Mayor and Council pursuant to Tybee )Band City Council
meeting procedures.
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Article 8
FLOOD DAMAGE CONTROL
Sections:
8 -010 FINDINGS OF FACT
8-020 STATEMENT OF PURPOSES
8-030 OBJECTIVES
8-040 ADOPTION OF FEMA FLOOD HAZARD BOUNDARYMAPS, FLOOD
INSURANCE STUDIES AND FLOOD INSURANCE RATE MAPS
8-050 COMPLIANCE
8-060 ABROGATION AND GREATER RESTRICTIONS
8-070 INTERPRETATION
8-080 WARNING AND DISCLAIMER OF LIABILITY
8-090 PENALTIES FOR VIOLATION
8-100 DEVELOPMENT OF COASTAL HIGH HAZARD AREAS (V ZONE
AREAS)
8-110 REQUIREMENTS FOR RESIDENTIAL CONSTRUCIEDN IN THE A
ZONE
8-120 REQUIREMENTS FOR NONRESIDENTIAL CONSTIWCTION IN THE
A ZONE
8-130 MANUFACTURED HOUSING IN A ZONE AND V ZONE
8 -140 ELEVATIONS TO BE ATTACHED TO BUILDING PST
APPLICATIONS
8 -150 CERTIFICATE OF OCCUPANCY FOR PROPERTY IN V ZONE AND A
ZONE
8-160 BUILDING PERMIT APPLICATIONS REVIEWED PRIOR TO
ISSUANCE
8-170 ADMINISTRATION, ENFORCEMENT, APPEAL, AMENDMENTS,
COMPLAINTS, AND REMEDIES
Section 8-010 FINDINGS OF FACT
(A) The flood hazard areas of the city are subject to the possibility of periodic inundation which
could result in the loss of life, property, health and safety hazards, a tiaordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare.
(B) These potential flood losses are increased by the cumulative effect of nructions in flood
plains causing increases in flood heights and velocities, and by the existence in flood
hazard areas of uses or occupancies vulnerable to floods or hazards to other properties
which are inadequately elevated, flood proof, or otherwise protected from flood
damages.
Section 8 -020 STATEMENT OF PURPOSES
It is the purpose of this chapter to promote the public health, safety and gel welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(A) Restrict or prohibit uses which are dangerous to health, safety and property due to water,
erosion, or flood heights or water velocities;
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(B) Require that uses vulnerable to floods, including facilities which save such uses, be
protected against flood damage at the time of the initial construction.
(C) Control filling, grading, dredging and other development which may increase erosion or
flood damage; and
(D) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwater or which may increase flood hazards to other lands. (OrdNo.5- 010985 -0100-
0203 -0805)
Section 8 -030 OBJECTIVES
The objectives of this chapter are:
(A) To protect human life and health.
(B) To minimize expenditure of public money for costly flood control projects.
(C) To minimize the need for rescue and relief efforts associated with flong and generally
undertaken at the expense of the general public.
(D) To minimize prolonged business interruptions.
(E) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, and sewer lines, streets and bridges located in flood plains.
(F) To help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize the future flood blight areas.
(G) To insure that potential home buyers are notified that property is in a flood area.
(H) To insure continuity of eligibility of Tybee properties for flood insurance.
Section 8 -040 ADOPTION OF FEMA FLOOD HAZARD BOUNDARYMAPS, FLOOD
INSURANCE STUDIES AND FLOOD INSURANCE RATE MAPS
The flood hazard boundary maps, insurance studies and rate maps, and any revision thereto,
including the zone designations on said map and all explanatory material anted thereon, are
hereby incorporated into this chapter. These maps shall be kept in custody ufthat individual to
whom the mayor and city council have delegated the administrative responsibility for the
approval and issuance of building permits. These maps shall be used to dekomine those areas
that contain flood hazards and those areas that require construction of buil (I, to meet certain
elevations. In the absence of above office criteria for any area or structure, the city shall obtain
and make reasonable uses of any base flood elevation and floodway data available from a
federal, state or other source in order to administer the provisions of the ordinance.
Section 8 -050 COMPLIANCE
No structure or development within the city limits of Tybee Island shall hamafter be located,
constructed, extended, converted or structurally altered without full compliance with the terms of
this chapter and other applicable regulations.
Section 8 -060 ABROGATION AND GREATER RESTRICTIONS
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or
deed restrictions. However, where this chapter and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Section 8-070 INTERPRETATION
In the interpretation and application of this chapter all provisions shall be:
(A) Considered as minimum requirements
(B) Liberally construed in favor of the governing body
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(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
Section 8 -080 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man-made or natural causes. This
ordinance does not imply that land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create
liability on the part of the city or by any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative decision lawfully made thereunder.
Section 8 -090 PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of
variance or special exceptions, shall constitute a misdemeanor. Any person who violates this
ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined
or imprisoned, or both, in accordance with Section 5 -0106 of this ordinance and, in addition,
shall pay all costs and expenses involved in the case. Each day such violation continues shall be
considered a separate offense. Nothing herein contained shall prevent the city from taking such
other lawful action as is necessary to prevent or remedy any violation.
Section 8 -100 DEVELOPMENT OF COASTAL HIGH HAZ4RD AREAS (V ZONE
AREAS)
Within those areas designated as coastal high hazard areas by the flood maps, no land below the
level of the one hundred -year flood shall be developed or improved unless the new improvement
shall:
(A) Be located landward of mean high tide, and
(B) Be elevated and secured to anchored pilings or columns so that the lowest portion of the
horizontal structural members of the lowest floor (excluding pilings or columns) is
elevated to or above the applicable one hundred -year base flood elevation and the pile or
column foundation and structure attached thereto is anchored to resist flotation, collapse
and lateral movement due to the effects of wind and water loads acting simultaneously on
all building components. Wind and water loads shall each have a one pigment (1%) chance
of being equaled or exceeded in any given year. A registered profes Tonal engineer or
architect shall develop or review the structural design, specifications and plans for the
construction and shall certify that the design and methods of construction to be used are in
accordance with accepted standards of practice for meeting the provisions of this section.
(C) Have the space below the lowest horizontal support member for the lowest floor free of
obstructions that the impact of abnormally high tides or wind - driven water is minimized.
(D) Provide that all new construction and substantial improvements, within zones V1 -0300, VE
and V on the community's FIRM, have the space below the lowest floor either free of
obstruction or constructed with non - supporting breakaway walls, open wood lattice work,
or insect screening intended to collapse under wind and water loads without causing
collapse, displacement, or other structural damage to the elevated portion of the building
or supporting foundation system. For the purposes of this section, a breakaway wall shall
have a design safe loading resistance of not less than 10 nor more than 20 pounds per
square foot. Use of breakaway walls which exceed a design safe loading resistance of 20
pounds per square foot (either by design or when so required by local or State codes) may
be permitted only if a registered professional engineer or architect certifies that the designs
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proposed meet the following conditions:
(1) breakaway wall collapse shall result from a water load less than that which would occur
during the base flood; and,
(2) the elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to the effects of wind
and water loads acting simultaneously on all building components (non - structural and
structural). Maximum wind and water loading values to be used in this determination
shall each have a one percent chance of being equaled or exceeded in any given year
(100 year mean recurrence interval.)
(3) Such enclosed space shall be used solely for vehicle parking, building access or storage.
(E) There shall be no fill used as structural support. Non - compacted fill may be used around the
perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out
from storm surge, (thereby rendering the building free of obstruction) prior to generating
excessive loading forces, ramping effects, or wave deflection. The city inspections
department shall approve design plans for landscaping/aesthetic fill only after the
applicant has provided an analysis by an engineer, architect and/or soil scientist, which
demonstrates that the following factors have been fully considered:
(1) Particle composition of fill material that does not have tendency for excessive natural
compaction;
(2) Volume and distribution of fill will not cause wave deflection to adjacent properties;
and,
(3) Slope of fill will not cause wave run -up or ramping.
(F) There shall be no alteration of sand dunes which will increase potential flood damage.
Section 8-110 REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION IN THE A
ZONE
(A) Within those areas of the municipality designated as areas of special flood hazard on the
flood map (zone A), substantial improvement of existing structures and all new
construction of residential structures including prefabricated and mobile homes shall have
the lowest floor of such structure, including basements, elevated to or above the applicable
level of the one hundred year flood. Such construction may have unfinished garage or
storage areas below the base flood elevation, but not for eventual use as living quarters.
Areas used for parking or storage may have electrical outlets provided that each is
protected by a ground fault protector.
(B) Floodways. Located within areas of special flood hazard areas designated as floodways.
Since the floodway is an extremely hazardous area due to the velocity of flood waters
which carry debris, potential projectiles and has erosion potential, the following provisions
shall apply:
(1) Prohibit encroachments, including fill, new construction, substantial improvements and
other developments unless certification (with supporting technical data) by a registered
professional engineer is provided demonstrating that encroachments shall not result in
any increase in flood levels during occurrence of the base flood discharge;
(2) All new construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of Section 8 -0100.
(3) Prohibit the placement of manufactured homes (mobile homes) except in an existing
manufactured homes park or subdivision. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision provided the
elevation requirements and anchoring standards of Section 8 -0103 are met.
(C) For all new construction and substantial improvements, full enclosed areas below the lowest
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floor that are subject to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of id waters. Designs
for meeting this requirement must be either certified by a registered professional engineer
or architect or must meet or exceed the following minimum criteria:
A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
The bottom of all openings shall be no higher than one foot (1') above grade.
Openings may be equipped with screens, louvers, or other coverings or devices provided
that they permit the automatic entry and exit of floodwater.
Section 8 -120 REQUIREMENTS FOR NONRESIDENTIAL CONSTRUCTION IN THE
A ZONE
(A) Within those areas of the municipality designated as special flood haul areas by the flood
maps, substantial improvements to existing and to all new construction of nonresidential
structures shall have the lowest floor, including basements, elevalcd on or above the
applicable level of the one hundred -year flood, or together with attendant utility and
sanitary facilities, such nonresidential structures shall be flood proofup to the applicable
level of the one hundred -year flood. As an alternative to the elevatim of non - residential
structures, such structures may be flood proof. Flood proofing in lieu of elevation will be
accomplished in conformance with the provisions outlined in the floodproofing regulations
publication drafted by the office, chief or engineers, by the U.S. Army Engineer District,
dated June, 1972, and specifically section 210 -020 titled "Completely Floodproof
Structures" (FP11, FP12). These regulations are available for review within the code
enforcement office of the City of Tybee Island. If flood proofmg is utilized, a Georgia -
registered professional engineer or architect shall develop or review the structural design,
specifications and plans for construction, and shall certify that all areas of the building are
flood proof so that the walls are substantially impermeable to the passage of water. A
flood proof structure must use structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy. The registered
professional engineer or architect must certify that the structure is designed to meet, and
that the construction methods will satisfy, the requirements of this sec*cm.
(B) Areas designated as floodways within areas of special flood hazard shall comply with the
standards set in Section 8- 0101(B).
(C) For all new construction and substantial improvements, fully enclosed areas below the lowest
floor that are subject to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of fodwater. Designs
for meeting this requirement must be either certified by a registered professional engineer
or architect or must meet or exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) Openings may be equipped with screens, louvers, or other coverings or devices provided
that they permit the automatic entry and exit of floodwater.
Section 8 -130 MANUFACTURED HOUSING IN A ZONE AND V ZONE
(A) All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement
by providing over -the -top and frame ties to ground anchors. Specific requirements shall
be that:
(1) Over -the -top ties be provided at each end of the manufactured home, with one additional
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tie per side at an intermediate location on manufactured homes of km than fifty (50) feet
and one additional tie per side for manufactured homes for fifty (58)feet or more;
(2) Frame ties be provided at each corner of the home with four (4) additional ties per side at
intermediate points for manufactured homes less than fifty (58) feet long and one
additional tie for manufactured homes of fifty (50) feet or longer,
(3) All components of anchoring system shall be capable of carrying a force of four
thousand eight hundred (4,800) points; and
(4) Any addition to the manufactured home must be similarly anchored.
(B) For new manufactured home parks and subdivisions; for expansions to existing manufactured
home parks and subdivisions where the repair, reconstruction, or improvement of the
streets, utilities, and pads equals or exceeds fifty percent (50 %) of the value of the streets,
utilities and pads before the repair, reconstruction or improvement lass commenced; and
for manufactured homes not placed in a manufactured home park or subdivision, specific
requirements shall be:
(1) Stands or lots are elevated on compacted fill or on pilings so that o lowest floor of the
manufactured home will be at or above the base flood level;
(2) Adequate surface drainage and access for a hauler are provided; and
(3) In the instance of elevation on piling:
a. Lots are large enough to permit steps;
b. Piling foundations are placed in stable soil no more than ten feet apd and
c. Reinforcement is provided for pilings more than six (6) feet above genund level.
(4) For all new construction and substantial improvements in the A zone, fully enclosed
areas below the lowest floor that are subject to flo ding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwater. Designs for meeting this requirement must be either
certified by a registered professional engineer or architect or must meet or exceed the
following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be providl.
b. The bottom of all openings shall be no higher than one foot above gmde.
c. Openings may be equipped with screens, louvers, or other coverings or devices provided
that they permit the automatic entry and exit of flood waters.
(C) In areas of special flood hazard (V Zones) a registered professional engineer or architect
shall certify that the design, specifications and plans for constructer are in compliance
with the provisions contained in Section 8 -0100 of this Article.
(1) No fill shall be used as structural support, and all restrictions found in Section 8 -0100
regarding fill shall be followed.
(2) No alteration of sand dunes which would increase potential fled damage shall be
allowed in areas of special flood hazard
Section 8 -140 ELEVATIONS TO BE ATTACHED TO BUILDING PERMIT
APPLICATIONS
All building permit applications for the construction of new structures or the improvement of
residential and nonresidential structures including manufactured housing smell have indicated
thereon the base flood elevation from mean sea level (MSL).
(A) The building permit should indicate that the as -built lowest floor elevates in A zones must
be at or above the base flood elevation.
(B) During construction certification of lowest floor elevation as constructed shall be provided as
per Section 8 -0105.
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(C) This certificate shall recite that based upon a site visit and verification of elevation of
supporting structure in place, the elevation of the lowest floor whim constructed will be
constructed to MSL.
(D) This certificate will meet the "as constructed" elevation certificate requirements if properly
timed by the registered engineer or architect.
Section 8 -150 CERTIFICATE OF OCCUPANCY FOR PROPERTYIN V ZONE AND A
ZONE
ZONE
V
V
V
ZONE
A
CERTIFICATION
Elevation of lowest floor or structural
member as constructed.
A
As constructed, building is secured to
anchored pilings or columns.
As constructed, if unfmished enclosed
areas below base flood exceed 300
square feet, conditions meet V Zone
standards
CERTIFICATION
All new construction or substantial
improvements must show certification
of as -built lowest floor elevation.
Floodproofmg complies with all
requirements of Section 8 -0102, to
elevation . (This certification
required when floodproofing
nonresidential structures in lieu of
elevatin: to base ood level).
Prior to final erection of
horizontal supped for
lowest floor
30 days maximum after
completion.
30 days maximum after
completion.
IILLV 11
f
30 days maximum after
completion.
30 days maximum after
completion.
CERTIFIED BY.
GA- licensed
surveyor, architect,
or engineer.
Engineer or
architect, Ga
registered.
Engineer
architect,
registered.
or
GA
CERTIFIED BY
Engineer, surveyor
or architect, GA
(Georgia)
registered.
Engineer
architect,
registered.
or
Ga
(A) All new construction and substantial improvements in A and V zones shall use construction
materials resistant to flood damage and shall be constructed with electrical, heating,
ventilation, plumbing and air conditioning equipment and other sere facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(B) Upon receipt of these certifications and after final inspection of the new construction by the
appropriate inspections department personnel to assure that the connection meets these
and other code requirements, a certificate of occupancy will be issued.
Section 8 -160 BUILDING PERMIT APPLICATIONS REVIEWED PRIOR TO
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ISSUANCE
Where improvements are involved, permit applications shall show estimated cost of proposed
improvements and the Chatham County Tax Assessor' s or Certified Appraiser' s appraised
market value of the structure to be improved, exclusive of land. Within tie areas of the city
designated as flood hazard areas (A and V zones) by the flood maps, all building permit
applications for new construction or improvement of residential and nonresidential structures
including manufactured homes shall be reviewed to insure that all permits tequired by state and
federal law have been received and the proposed construction shall:
(A) Be protected against flood damage; and
(B) Be designed or modified and anchored to prevent flotation, collapse, or lateral movement of
the structure; and
(C) Use designs locating susceptible mechanical & electrical equipment so that water will not
enter or accumulate within components during condition of flooding.
(D) Use construction methods and practices that will minimize flood damag and
(E) Within flood prone areas new and replacement water supply systems *all be designed to
minimize or eliminate infiltration of floodwater into the systems; and
(F) Within flood prone areas, new and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwater into the systems, and discharge from the
systems into floodwater and on -site waste disposal systems shall be located to avoid
impairment or contamination from them during the flood.
(G) In flood -prone areas construction materials resistant to flood damage shy be used.
(H) All new construction and substantial improvements in flood -prone areas shall be constructed
with electrical, heating, ventilation, plumbing and air conditioning aluipment and other
service facilities that are designed and/or located so as to prevent wad from entering or
accumulating within the components during conditions of flooding.
Section 8-170 ADMINISTRATION, ENFORCEMENT, APPEAL, AMENDMENTS,
COMPLAINTS, AND REMEDIES
Procedures for the administration, enforcement, variances and appeals of the provisions of this
Article will be in accordance with Article 5 of this ordinance.
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Article 9
BUILDING REGULATIONS
Sections:
9 -010 APPOINTMENT OF BUILDING INSPECTOR
9 -020 DUTIES OF CITY CODE ENFORCEMENT STAFF
9 -030 BUILDING PERMITS
9 -040 ❑
9 -050 TECHNICAL CODES ADOPTED
Section 9 -010 APPOINTMENT OF BUILDING INSPECTOR
The inspections conducted by the City of Tybee Island Code EnforcementDepartment shall be
headed by the City Marshal who shall have the power to enforce his/her duties as stated in
Section 9 -020. The actual inspection of a building as it pertains to this Chapter shall be
conducted by the Chatham County Building Inspector, or his designated qualified and certified
inspector, as promulgated by a contract between the Mayor and Council and the appropriate
agency of Chatham County.
Section 9 -020 DUTIES OF CITY CODE ENFORCEMENT STAFF
The City of Tybee Island Code Enforcement Star is comprised of the tidy Marshal and the
Zoning Administrator. The City Marshal oversees inspections and the Zoning Administrator
oversees zoning actions. The Code Enforcement Staff shall act as the City' srepresentative while
conducting the following duties:
(A) To enforce the city's technical codes.
(B) To approve or disapprove within a reasonable time the building peneit applications, and
plans, specifications, etc. filed with his office.
(C) To answer questions relative to this ordinance.
(D) To issue permits and collect fees.
Section 9 -030 BUILDING PERMITS
(A) Application for a building permit must be made by the owner, or his agizt, accompanied by
two (2) sets of plans or blueprints, together with specifications of the work to be done.
All applications for a building permit for building a new building orany additions must
be accompanied by a plan showing size of lot and portion of lot to be built on and shall
show that the lot has been surveyed by a licensed surveyor, or that >at stakes have been
placed in position in accordance with such a survey. No work of any nature shall be
started until a building permit has been issued. A permit must be secured for all new
construction, all alterations and all repairs. No permit shall be issueduntil the prescribed
fees for same have been paid in accordance with the following schedule:
(1) Repairs less than $1,500.00 No charge
(2) Where the value exceeds $1,500.00 but not over $2,000.00 $20.00
(3) For each additional $1,000.00 value or fraction thereof, per $1,000.00value $5.00
All permit fees are non - refundable.
(B) Prior to any land disturbing activity or structure modifications, the 1 er or building
permittee shall show the diameter and location of all trees of six (6) inches or more in
diameter at breast height (4 1/2 feet above existing grade) on a sketch ofthe site, together
with the location of existing or planned improvements on the site. A Tree Removal Permit
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shall be obtained prior to the removal of any significant tree, or priorto the removal of any
tree of six (6) inches or more in diameter at breast height that wouldresult in a tree density
less than three trees per each 4,500 square feet of area.
(C) All construction sites are required to have restroom facilities as well as sufficient containers
for collecting all waste and debris created from the construction aefivities. No inspection
shall be conducted until the applicant has provided proof of ecimpliance with these
requirements. If during construction such facilities are not provided on site, the building
inspector will issue a stop work order until such compliance is achieved.
(D) Any applicant for a building permit shall have the right to appeal to fie mayor and council
should the building inspector refuse to approve the issuance of a pest.
(E) Construction must begin within one hundred and eighty (180) days balm the date of permit
issuance.
(ORD. 1999 -12; 05/27/99)
(Ord. 1999 -12, Amended, 06/04/1999)
Section 9 -040 0
All the officers designated under this chapter or any future amendments talk same shall, as far
as may be necessary for the performance of their respective duties, have the right to enter any
building or premises in the city at any time.
Section 9 -050 TECHNICAL CODES ADOPTED
(A) Building & Existing Building Code Adopted. The Standard Building& Existing Building
Code, 1994 Edition, and future editions as revised, recommended by the Southem
Building Code Congress International, Inc. is hereby adopted in its entirety and is
incorporated into this Code of Ordinances as fully as if set out at lengh herein. A copy of
this code shall be maintained in the office of the Zoning Admiihator and shall be
available to the public for inspection during regular business hours.
(1) If any section of this standard code is in conflict with the Tjbee Island Code of
Ordinances, then the Tybee Island Code of Ordinances shall control.
(2) Foundations and Footings. Foundations and Footings for all construction shall be
according to the latest edition of the Standard Building Code (Southern Building Code
Congress International, Section 1302 and related sections. Constantion in high hazard
areas (V- zones, A- zones) shall also follow requirements of the Ikpartment of Housing
and Urban Development Manual "Design and Construction Mamial for Residential
Building in Coastal High Hazard Areas." The minimum depth ofbiiry for all footings
shall be 24 inches below finished grade, measured to the top of the hating.
(3) Common Walls. Common walls that separate two or more units orb or more in stories
in a multi -unit structure shall be fire walls. Any deviation from this requirement shall
require a petition for variance before the Tybee Island Planning Commission and City
Council.
a. In all multi - family structures of two or more units, each dwelling unit shall be separated
by either:
1. A fire wall as defined in the latest edition of SBCCI as meeting four -hour resistance with
protective openings of three -hour resistance (Table 600) and whia3i shall extend from
the foundation and through the roof, unless non - combustible roofing materials are used
forty (40') feet to each side of the wall, thus by its construction enthling the collapse of
a structure on either side of the wall without collapse of the wall if; or,
2. Each unit shall be fully sprinkled by a system conforming to the Southern Building Code
Congress International and installed by a firm holding a vial Georgia State
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Competency Certificate.
b. In those areas designated as V -Zones on the NFIP maps puhfished by the Federal
Emergency Management Agency, only "ii" above shall be permitted:
(B) Electrical Code Adopted
(1) A certain document, one copy of which is on file in the office of the Zoning
Administrator where it is available for public inspection during angular business hours,
being marked and designated as the "National Electrical Code ", 1996 edition and future
editions as revised, which code is the standard for electric wiring and apparatus of the
National Fire Protection Association, be and the same is, hereby adopted as the electrical
code of the city, and each and all of the regulations, provisions, pe lties, conditions and
terms of this electrical code are hereby referred to, adopted and mada a part of this article
as though fully set out at length herein.
(2) In addition to the electrical code adopted in Paragraph (a), the following criteria are also
adopted as local requirements for electrical service:
a. All wiring, service included, must be copper. No aluminum allowed.
b. All panels & disconnects must be accessible. (Prohibited installafians: bedrooms, baths,
closets).
c. Grounding. Water pipe & ground rod.
d. GFI breaker required on light switch/receptacle below base flood level.
e. All condensers and compressors should be elevated a minimumof 12" off ground.
f. No appliances (water heater, washer, dryer included) to be installed below base flood
elevation.
g. No exposed E.M.T. (rigid or plastic only.)
h. Wiring used in lieu of saw box must be GFI protected.
L No penetration or routing through fire walls is allowed.
j. Electrical smoke detectors required on each habitable floor.
(3) All applications for permits for electrical work must be routed through the city building
permits department.
(C) Plumbing Code Adopted
(1) The Standard Plumbing Code, 1994 Edition, and future mations as revised,
recommended by the Southern Building Code Congress Internati mal, Inc., is hereby
adopted in its entirety and is incorporated into this code of Ordinaa cs as fully as if set
out at length herein. A copy of this code shall be maintained in thrice of the Zoning
Administrator and shall be available to the public for inspection dining regular business
hours.
(2) If any section of this standard code is in conflict with the Tybee Island Code of
Ordinances, then the Tybee Island Code of Ordinances shall control.
(3) Pursuant to the authority contained in Section 3 of Act 1046 Geoaa Laws, 1996 page
1632, subsection (d) of Code Section 8 -2 -26 of the Official Code ofGeorgia Annotated,
relating to self-inspection of water and sewer projects by master plumbers or utility
contractors, shall not be applicable within the City of Tybee Island.This ordinance shall
become effective upon its adoption. (1996 - 16;8 -8-96)
(D) Gas Code Adopted
(1) The Standard Gas Code, 1994 Edition, and future editions as revisal, recommended by
the Southern Building Code Congress International, Inc., is hereby adopted in its entirety
and is incorporated into this code of Ordinances as fully as if set oitat length herein. A
copy of this code shall be maintained in the office of the Zoning Administrator and shall
be available to the public for inspection during regular business howl.
(2) If any section of this standard code is in conflict with the Tybee Island Code of
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Ordinances, then the Tybee Island Code of Ordinances shall control.
(E) Housing Code Adopted
(1) The Standard Housing code, 1994 Edition, and future editions as revised, recommended
by the Southern Building Code Congress International, Inc. is hereby adopted in its
entirety and is incorporated into this code of Ordinances as fully as if set out at length.
herein. A copy of this code shall be maintained in the office of the Zoning Administrator
and shall be available to the public for inspection during regular business hours.
(2) If any section of this standard code is in conflict with the Tybee Island Code of
Ordinances, then the Tybee Island Code of Ordinances shall control.
(F) Mechanical Code Adopted
(1) The Standard Mechanical Code, 1994 Edition, and future editions as revised,
recommended by the Southern Building Code Congress International, Inc., is hereby
adopted in its entirety save and except those portions as are hereinafter deleted, modified
or amended, and is hereby incorporated into this code of ordinances as fully as if set out
at length herein. A copy of the mechanical code shall be maintained in the office of the
Zoning Administrator where it shall be available for inspection by the public during
regular business hours.
(2) If any section of this standard code is in conflict with the Tybee Island Code of
Ordinances, then the Tybee Island Code of Ordinances shall control.
(G) Swimming Pool Code Adopted
(1) The Standard Swimming Pool Code, 1994 Edition, and future editions as revised,
recommended by the Southern Building Code Congress International, Inc., is hereby
adopted in its entirety save and except those portions as are hereinafter deleted, modified
or amended, and is hereby incorporated into this code of ordinances as fully as if set out
at length herein. A copy of the swimming pool code shall be maintained in the office of
the Zoning Administrator where it shall be available for inspection by the public during
regular business hours.
(2) If any section of this standard code is in conflict with the Tybee Island Code of
Ordinances, then the Tybee Island Code of Ordinances shall control.
(H) Fire Prevention Code Adopted
(1) The Standard Fire Prevention Code, 1994 Edition, and future editions as revised,
recommended by the Southern Building Code Congress International, Inc., is hereby
adopted in its entirety save and except those portions as are hereinafter deleted, modified
or amended, and is hereby incorporated into this code of ordinances as fully as if set out
at length herein. A copy of the Fire Prevention code shall be maintained in the office of
the Zoning Administrator where it shall be available for inspection by the public during
regular business hours.
(2) If any section of this standard code is in conflict with this Code of Ordinances, then this
Code of Ordinances shall control.
(3) The following provisions shall amend and modify the provisions of the Fire
Prevention Code and, if in conflict with the provisions of the Fire Prevention Code, shall
control and prevail:
(a) No building or structure shall be erected hereafter closer than eight (8) feet (measured
from the closest point of the structure to the property line) to the adjacent property line.
(b) A building so constructed that the exterior wall that adjoins the adjacent property be
built to form a fire wall.
(4) The walls that separate units in any building constructed with two (2) or more units that
may be sold as individual units, such as duplexes, townhouses, or condominiums, shall
be fire walls.
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(5) Where more than one building or structure is built on a single Ibt, there shall be a
minimum distance of ten (10) feet between structures unless separated by a fire wall.
(6) Any building erected with the purpose of accommodating more than one commercial
establishment shall have fire walls to separate each establishment twit.
(7) Wood shingles, treated or untreated, shall not be accepted as an approved material for a
roof covering. All other roofing shall be classified a class A, class B, or class c under the
test specifications of Underwriter's Laboratories, Inc.
(8) A permit shall be obtained from the office of Code Enforcement for all new central
heating systems, and for all new tank installations, over thirty (30) gallon, for liquified
petroleum gas. An inspection fee shall be paid before installation is started. Standards
published in NFPA pamphlet No. 54 and NFPA pamphlet No. 58 shall be accepted as
standards for the inspection.
(9) Any person or persons owning or operating business or commercial buildings shall be
governed by the standards for the installation of portable fire extinguisher found in
NFPA No. 10.
(I) Standard Unsafe Building Abatement Code
(1) The Standard Unsafe Building Abatement Code, 1994 Edition, recommended by the
Southern Building Code Congress International, Inc., is hereby adopted in its entirety
and is incorporated into this code of Ordinances as fully as if set ant at length herein,
with the modification that wherever the terminology "the Board of Adjustments and
Appeals" appears in this standard code the city's own appeal process, as described in
code Sections 8- 010 -010 and Title 8 chapter 4 Articles F.& G which sections describe
the city's process of public notice and public hearings for variances and process of public
notice and public hearings for variances and amendments to the planning & development
codes shall prevail.
(2) If any section of this standard code is in conflict with the Tyb®e Island Code of
Ordinances, then the Tybee Island Code of Ordinances shall control.
(J) Georgia State Energy Code for Buildings
(1) The Georgia State Energy Code for Buildings, recommended by the Georgia Department
of Community Affairs is hereby adopted in its entirety and is incorporated into this Code
of Ordinances as fully as if set out at length herein. A copy of the Georgia State Energy
Code for Buildings shall be maintained in the office of the Zoning Administrator where
it shall be available for inspection by the public during regular business hours.
(2) If any section of this standard code is in conflict with the Tybee Island Code of
Ordinances, then the Tybee Island Code of Ordinances shall control.
(K) Life Safety Code 101
(1) The Life Safety Code 101, 1994 Edition, recommended by the Georgia Department of
Community Affairs is hereby adopted in its entirety and is incorporated into this Code of
Ordinances as fully as if set out at length herein. A copy of the Life Safety Code 101
shall be maintained in the office of the Zoning Administrator where it shall be available
for inspection by the public during regular business hours.
(2) If any section of this standard code is in conflict with the Tybee Island Code of
Ordinances, then the Tybee Island Code of Ordinances shall control.
(L) CABO One and Two Family Dwelling Code
(1) The CABO One and Two Family Dwelling Code, recommended by the Georgia
Department of Community Affairs is hereby adopted in its entirety and is incorporated
into this Code of Ordinances as fully as if set out at length herein. A copy of the CABO
One and Two Family Dwelling Code shall be maintained in the office of the Zoning
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Administrator where it shall be available for inspection by the public during regular
business hours.
(2) If any section of this standard code is in conflict with the Tybee Island Code of
Ordinances, then the Tybee Island Code of Ordinances shall control. (0111). 1996 -18;
10/10/96)
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