Loading...
HomeMy Public PortalAboutIndexLIST OF ILLUSTRATIONS ARTICLE. II Page Lots and their Frontage 6 How to Measure Setback Distance 9 ARTICLE III Two of More Lots Square Feet 2 Sight Triangles at a 90 degree Intersection 2 Sight Triangles at a less than 90 degree Intersection 3 Placement of a Sign in a Sight Triangle 3 Illustrated parking lot 6 ARTICLE VI Wall Sign 4 Free Standing Sign 5 Projecting Sign 6 Roof Mounted Sign 6 Graduated Sign Height Based on Setback from Right-of-way 9 Graduated Sign Area Based on Setback from Right-of-way 9 LIST OF TABLES ARTICLE III Page Off Street Parking Dimensions 6 Schedule of Residential District Dimensions Requirements 7 Schedule of Commercial Minimum Yard Requirements 7 Mobile Home Tie-down Requirements 9 ARTICLE VI Free Standing Sign Design for Speed Limit Class 5 ARTICLE VIII Certificate of Occupancy for Property in "V" and "A" Zone 7 ARTICLE X Type of Streets 4 Lot Width and Area Requirements Section 9 SCHEDULE OF DEVELOPMENT REGULATIONS (A) (B) Zoning District Minimum Lot area (sq.ft.) Minimum Yard Setback distance (ft.) Maximum Structure Height Limits Single Family Two- family Multi - family front rear side R -1 12,000 not permitted not permitted 20 20 10 35' R -1 -B 6,600 not permitted not permitted 20 10 10 • 35' R -2 4,500 6,750 not permitted 20 10 10 35' R -T 7,000 8,000 8,000 buildable to 80% of the property exclusive of the setbacks 20 • 20 10 35' Schedule of Commercial minimum yard requirements Zone Front Yard Rear Yard* Side Yard Structure Height C -1 0 None required except 25 feet" if bordering residential district. None required except 25 feet" if bordering residential district. 35' C -2 20' 20' • 10' 35' 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. 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. (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), 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 Safe - Guards consisting of Fire Escapes, Sprinkler Systems, Smoke Detectors and non - combustible materials and any other Fire Protection Equipment 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. Article III General Provisions page 7 iq - 3 -- 8 (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. (D) Off - Street Parking Dimensions: (E) Off Street Parking Dimensions Stall Depth Aisle Width Parking Angle Traffic Direction 9 x 18 feet 12 feet 30 degrees one -way 9 x 18 feet 13 feet 45 degrees one -way 9 x 18 feet 18 feet 60 degrees - one -way 9 x 18 feet 24 feet 90 degrees two -way E. 2 Exemptions from Off - Street Parking Requirements. 1. Existing structures with 2,000 square feet or less of floor area that exist in a C -1 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. Article III General Provisions page 6 On comer lots within all zoning districts, no fence, shrubbery, 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, signs, lights, or similar objects which are located at least twelve (12) feet above the finished grade shall be permitted. See illustrations to follow for a visual clarification. Placement of a Sign in a Sight Triangle 25' 25' Clear Area 25 Street or Road Clear Area Sight Triangles at a less than 90 degree Intersection Article III General Provisions page 3 3. -vL b(( i (c 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 -1 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. Two or more Lots 11,000 square feet 7,000 square feet Two Lots 9, 9,000 square 000 square feet feet (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 5 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. Clear Area 25' Street or Highway 1— 25' Clear Area Clear Area 25' Clear Area Sight Triangles at a 90 degree Intersection Article III General Provisions page 2 3.14 e... addressed in this ordinance. (104) 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. (105) Recreation Vehicle Park (RV Park): See campground. (106) Recombination of Lots: rearrangement of lot boundaries from those already established. (107) Rezoning: The change in zoning classification of any parcel or parcels of land from one zoning district to another. (108) 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. • (109) 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. (110) Roof Pitch: The geometric angle from the lowest point of the roof to the highest point of the roof on any structure. (111) School: A facility that provides a curriculum of academic instruction, such as kindergartens, elementary schools, middle schools, junior high schools, and high schools. (112) 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. {mac C� If( (113) 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. (114) 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. How to Measure Setback Distance (sideview) son. or Ram Uuie, ...catnap Lot Line Sido Yard Setback Accessory Stream" AFront Yard rSetback 1111111111111111111111111111111111111111 Roar Yard Setback Sido Yard Setback How to Measure Setback Distance (top view) Article II Definitions page 9 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. _I1 Frontagol Comer Lot Interior Lot Corner Lot Through Lot Interior Lot Flag Lot Interior Lot Lot Linos Comer Lot Interior Lot ,iir\ Comer Lot I Lots and their Frontage (66) Lot width: The distance between the property lines measured at building line. (67) 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. (68) Lounge: A commercial establishment dispensing alcoholic beverages for consumption on the premises and where dancing and entertainment is permitted. (69) 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. (70) 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. (71) Major Subdivision: Any subdivision comprising four (4) lots or more, or any subdivision involving a new street or change in an existing street. (72) 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 Article II Definitions page 6 Lots and their Frontage How to Measure Setback Distance LIST OF ILLUSTRATIONS ARTICLE II ARTICLE III (� Two of More Lots Square Feet 3-t 40 6 aP� ) 2 Sight Triangles at a 90 degree Intersection ` O t 4) 6L �' *,k+t:t -L 1.x,2 Sight Triangles at a less than 90 degree Intersection 3 ` "O s- Q • (•03 i' p ti. ' ! (4;3 Placement of a Sign in a Sight Triangle .15 - 3 Illustrated parking lot 6 ARTICLE VI Wall Sign 4 5 Free Standing Sign 6 Projecting Sign 6 Roof Mounted Sign 9 Graduated Sign Height Based on Setback from Right -of -way 9 Graduated Sign Area Based on Setback from Right -of -way LIST OF TABLES ARTICLE III ane Off Street Parking Dimensions 3; 0 Q( 9 . 6 Schedule of Residential District Dimensions Requirements 3 G • 'F.` • 7 Schedule of Commercial Minimum Yard Requirements 3 c Q 1' -C` — �0 • 7 Mobile Home Tie -down Requirements 3 - i ➢ ® f . Z 9 ARTICLE VI Free Standing Sign Design for Speed Limit Class 5 ARTICLE VIII Certificate of Occupancy for Property in "V" and "A" Zone 7 ARTICLE X Type of Streets 4 4 Lot Width and Area Requirements 1 STATE OF GEORGIA COUNTY OF CHATHAM BRANNEN, SEARCY & SMITH POST OFFICE BOX 8002 SAVANNAH, GA 31412 AGREEMENT AND CONSTRUCTION EASEMENT THIS AGREEMENT AND DECLARATION is made as of the 14" day of July, 1995, by and between RESORT INNS, INC., a Georgia corporation ( "Resort"), and the CITY OF TYBEE ISLAND, Georgia, by and through its Mayor and Council ( "Tybee "); W I T N E S S E T H: WHEREAS, Tybee is conveying herewith the air space, rights and property above the eastern end of 14th Terrace, being more particularly described in the conveyance executed simultaneously herewith which is hereby made a part hereof by reference; and WHEREAS, Resort, desires a construction easement to construct improvements in the air space being conveyed simultaneously herewith; and WHEREAS, Tybee desires to be held harmless from claims that relate to the improvements to be constructed in the air space described above; and WHEREAS, Resort is willing to hold Tybee harmless as described w herein. NOW THEREFORE, for and in consideration of the easements, agreements and promises contained herein, the sufficiency of which is hereby acknowledged, Resort and Tybee agree as follows: 1. Construction Easement. Improvements are to be constructed by Resort within the air space area described above. Resort requires an easement from Tybee to allow for the 1 1 construction of the improvements. Tybee hereby grants Resort, its successors and assign, a temporary easement in 14th Terrace and the parking area at the eastern end of 14th Terrace for the purpose of constructing improvements within the air space area described above. This construction easement shall run for a period of two (2) years from the date hereof provided Resort may extend this easement for an additional period not to exceed two (2) years upon application to Tybee. 2. Hold Harmless Agreement. Resort, its successors in title and assigns hereby agree to hold Tybee harmless from any claims made against Tybee relating to the improvements which are to be constructed in the air space described above. Resort, its successors in title and assigns hereby agrees to defend against any such claim that may arise against Tybee relating to such improvements to be constructed. Notwithstanding the above, nothing in this agreement shall operate to hold Tybee harmless against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from sole negligence of Tybee, its agents or employees. 3. Rights of Successors. The easements, agreements and obligations hereunder shall create benefits and servitudes running with the land. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives, lessees, successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and neuter. 4. Duration. Unless otherwise specified, canceled, or terminated, all of the easements, agreement and covenants granted 1 in this Agreement shall continue in perpetuity. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto. The parties do 4ot rely upon any statement, promise or presentation not herein expressed, and this Agreement once executed and delivered shall not be modified or altered in any respect except by writing and delivered in the same manner as required by this document. IN WITNESS WHEREOF, Resort and Tybee have executed this Agreement under seal as of the day and year first above written. RESORT INNS, INC. (Corporate Seal) ATTEST: i . '. Secretary CITY OF TYBEE ISLAND ck\e_ BY: Wit ess Mayor (City Seal) ( n (1 CLUJ-4,*-0-15). No ary p��l��C C =erk6 Council "�dDPENA 8. FI?IPP Notary Public. Chatham County, Ga. My Commission Expires Jan. 8L 1999 1 RESOLUTION OF COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA JULY -4 , 1995 WHEREAS, Resort Inns, Inc., a Georgia corporation°; petitioned the Council of Tybee Island, Georgia, to acquire certain air rights above 14th Terrace, a 30' paved drive between 14th Street and 15th Street, on Tybee Island, Georgia; and WHEREAS, pursuant to §66(ss) of the Charter of Tybee Island, Georgia, as amended, the Council approved the conveyance of certain air rights above 14th Terrace to Resort Inns, Inc., by a majority vote on December 19, 1994; and WHEREAS, on March 9, 1995, the Council by a majority vote approved the sale of the air rights to Resort Inns, Inc., for the sum of $100,000 to be financed over a five year term at six (6) percent interest to be paid annually; NOW THEREFORE, be it resolved that the City of Tybee Island, Georgia hereby sells to Resort Inns, Inc. certain air rights above 14th Terrace of Tybee Island, Georgia; BE IT FURTHER RESOLVED, that the Mayor and that the Clerk of Council of Tybee Island, Georgia, are hereby authorized and directed to execute on behalf of Tybee Island a deed of conveyance of the air rights above the eastern ninety (90) feet of 14th Terrace as described in the deed of conveyance presented to the Council this date to Resort Inns, Inc.; and BE IT FURTHER RESOLVED, that the Mayor and Clerk of Council are hereby authorized and directed to execute on behalf of Tybee Island that certain Agreement and Construction Easement with Resort Inns, Inc. relating to the conveyance of air rights as described herein; and BE IT FURTHER RESOLVED, that the City attorney' is hereby authorized and directed to close the sale of said air rights and to accept on behalf of Tybee Island the promissory note and deed to secure debt evidencing the financing described herein from Resort Inns, Inc. IN WITNESS WHEREOF, the above resolution was duly adopted and executed this day of , 1995. Mayor City of Tybee Island, Georgia 4. 1 Land Development Plan Formally Title 8 in the Code of Ordinances 1 1 INTRODUCTION 1 -009 Article 1. INTRODUCTION 1 -009 EDITOR'S NOTE TO DATABASE. 1 -010 ENACTMENT 1 -020 TITLE 1 -030 PURPOSE 1 -040 SCOPE 1 -050 SEVERABILITY AND CONFLICT 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 (Alt -F2) 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. 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 Zoning Map of Tybee Island, Georgia." All other City codes and ordinances in conflict with this Land Development Code are hereby repealed. 1 -020 TITLE This chapter shall be known as the "Tybee Island Land Development Code." The map herein referred to, which is identified by the title, "Zoning Map of the City of Tybee Island, Georgia," 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 1 1 1 1 1 1 -030 INTRODUCTION 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. 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 of yards 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 waters and erosion, and other purposes; (D) creates districts for said purposes and establishes the boundaries thereof; (E) defines certain terms used herein; (F) provides for the method of administration, appeal and amendment, enforcement, duties and the provision of penalties for violation. 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. INTRODUCTION 1 -050 Article 2 DEFINITIONS 2 -010 TERMS and DEFINITIONS 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 reoccupied" 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) Definitions. Specific definitions include the following: (1) 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. (2) 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. (3) 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. (4) Alley: Any public way accepted for public use and 20 feet or less in width providing secondary access to abutting property. (5) 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. (6) Appeal: A request for a review of the Code Enforcement Official's interpretation of any provision of Title Eight. (7) 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. (8) 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. (9) Area of special flood hazard: The land in the floodplain within a community is subject to a one per cent chance of flooding in any given year. (10) Artificial Light: Any source of light emanating from a manmade device including, but not limited to, spotlights, street lights, commercial or residential lighting, construction and security lights . (11) Average adjacent grade: The average natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. (12) Base flood: The flood having a one per cent chance of being equaled or - 3 1 1 1 1 1 1 2 -010 DEFINITIONS exceeded in any given year. (13) 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 referenced to the National Geodetic Vertical Datum of 1929 (mean sea level) . See the recent Flood Insurance Rate Maps for estimated Base Flood Elevation in a particular location. (14) Base flood level: See Base Flood Elevation. (15) Basement: An enclosure with floor level below natural grade on all sides. (16) Beach: Area of loose sediments, including dunes, as defined by the Georgia Shore Assistance Act of 1979 as amended. (17) Bed and Breakfast, residential: A dwelling unit where overnight accommodations and a morning meal are provided to transients for compensation. (18) 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. (19) 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, under abnormally high tides or wave action, without damage to the structural integrity of the building on which it is used. (20) Buffer: Open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another so as to visually 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. (21) Building: See "structure." (22) Building permit: The permit for any type of construction required by the Tybee Island Code of Ordinances. (23) Caliper Measure: The diameter of the main stem of a tree or sapling as taken by calipers four and a half feet (4.5') above grade. (24) Campground: An area or tract of land for which accommodations for temporary occupancy are located or may be placed, including R.V. parks, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character. (25) Caretakers Cottage: An Accessory building or portion of a primary structure used or designed for use as a residence, specifically, as an accessory use to the principle structure. Such form of land use may be permitted in the "R -020" zoning district depending on the size of the lot . Other terms for this type of dwelling unit includes: granny home, and mother -in -law cottage. By no means shall such a use be considered a separate primary structure, eligible for a minor subdivision if either resulting lot created will be substandard in size. (26) Carport - A roofed structure providing space for the parking of motor vehicles . (27) Certificate of Occupancy: A certificate issued by the zoning administrator stating that the occupancy and use of land, building or structure referred to therein complies with the provisions of this chapter. DEFINITIONS 2 -010 (28) Church or Place of Religious Worship: An institution that people regularly attend to participate or hold religious services, meetings, and other related activities. (29) Clinic: A building in which medical services for outpatients only are provided. (30) Coastal High Hazard Area (V zones) : Those areas that are subject to high velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as "Zone V- 1- 30 ", "VE" or" V." (31) Concession Stand: A retail establishment selling food and drinks for consumption on or near the premises . This shall include lunch counters and refreshment stands selling prepared foods and drinks. (32) Conditional Use (Special Review) : A use permitted in a particular zoning district upon showing that such use in a specific location will comply with all the conditions and standards for the location or operation of the use as specified in the zoning ordinance and authorized by the approving agency. Comment: Conditional uses are permitted uses and are appropriate in the zoning district only when all conditions 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 prevent such use from adversely affecting surrounding residences . With conditional uses, separate regulations can be imposed to mitigate the adverse impacts. In some states, conditional uses are classified as special exception uses. In all cases, the conditions must be specific. The conditional use permitting process and criteria for determination is listed in Section 5 -070, Standards for Special Review. (See also: Special Review Permit definition) (33) Condominium: A building containing three (3) or more individually owned, attached, dwelling units and related, jointly- owned, common areas. (34) 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. (35) Developer: Any person, firm, trust, partnership, association or corporation engaged in development or proposed development of land. (36) Development: Any man -made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (37) District, zoning: A mapped area for which a uniform set of land development regulations apply. (38) Diameter, Breast Height (DBH) : The diameter of a tree trunk or trunks, measured in inches at four and one -half feet above existing grade. (39) Drive -In Restaurant: Any place or premises where provisions are made for selling, dispensing, or serving of food, refreshments, or beverages to customers in automobiles or in other than a completely enclosed building. (40) Drive -In Window: A portion of any building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction. Drive -In windows shall have at a minimum 150 feet of approach distance on the property in which vehicles may que prior to reaching the window. (41) Dune: Mound or ridge of loose sediments, deposited by any natural or artificial mechanism and lying landward of the beach. (42) Dwelling: Any building or structure or part thereof primarily used and 1 1 1 1 1 2 -010 DEFINITIONS 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. c. Dwelling, Multi - Family: A building either designed, constructed, altered, �r 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. (43) 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. (44) 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. (45) 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. (46) 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. (47) 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. (48) 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. (49) 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. (50) 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. (51) Flood light: Unshielded reflector type light fixtures attached directly to a building or post. (52) 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. (53) 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. 6 DEFINITIONS 2 -010 (54) Garage, public: A garage operated as a business devoted primarily to the repair, storage, maintenance, service or sales of motor vehicles, or any combination thereof. (55) 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. (56) 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. (57) 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. (58) 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. (59) Hotel: A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants. (60) 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. (61) Hospital or Clinic, special: A hospital which treats communicable diseases, insane or feebleminded patients, epileptics, drug addicts or alcoholic patients. (62) 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. (63) 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. (64) 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. (65) 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. 1 1 1 1 1 1 2 -010 DEFINITIONS 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. (66) Lot width: The distance between the property lines measured at building line. (67) 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. (68) Lounge: A commercial establishment dispensing alcoholic beverages for consumption on the premises and where dancing and entertainment is permitted. (69) 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. (70) 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. (71) Major Subdivision: Any subdivision comprising four (4) lots or more, or any subdivision involving a new street or change in an existing street. (72) 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. (73) 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. (74) 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. (75) 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. (76) 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. (77) Marquee: A roof -like structure suspended over an entrance to a structure. (78) 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 8 DEFINITIONS 2 -010 National Geodetic Vertical Datum (NGVD) . (79) 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. (80) Minor subdivision: Any subdivision comprising three (3) lots or less, and not involving a new street or change in an existing street. (81) Mixed Occupancy: Occupancy of a structure or land for more than one (1) principal use. (82) 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. (83) 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. (84) Nesting season: May 1 through October 31 of each year. (85) New construction: Structures for which the "start of construction" commenced on or after the effective date of this ordinance. (86) 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. (87) 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. (88) 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. (89) 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. (90) 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. (91) 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 . (92) Package Shop: An establishment that sells alcoholic beverages only in sealed containers whose contents may not lawfully be consumed on the premises. (93) 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. (94) 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: a. Family Personal Care Home: a home for adults in a family type residence, 9 1 1 1 1 1 1 2 -010 DEFINITIONS 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. (95) 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. (96) 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. (97) Pole lighting: Light fixtures set on a base or pole which raises the source of light higher than 60 inches off the ground. (98) Point source of light: The actual light source, such as the bulb, fluorescent tube, lamp, etc., from which light emanates. (99) Porch: A roofed, open structure projecting from the front, side, or rear wall of a building. (100) Principal Use: The primary use of a zoned lot. (101) Privacy Fence: Wood, metal, or masonry structure not to exceed six feet (6') in height from average adjacent grade. (102) Public Hearing: An open public meeting for which interested parties may discuss a specific issue in an orderly manner before a public body. (103) 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. (104) 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. (105) Recreation Vehicle Park (RV Park) : See campground. (106) Recombination of Lots: rearrangement of lot boundaries from those already established. (107) Rezoning: The change in zoning classification of any parcel or parcels of land from one zoning district to another. (108) 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. (109) 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, & other similar uses. (110) Roof Pitch: The geometric angle from the lowest point of the roof to the highest point of the roof on any structure. (111) School: A facility that provides a curriculum of academic instruction, such as kindergartens, elementary schools, middle schools, junior high schools, and - 10 DEFINITIONS 2 -010 high schools. (112) 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. (113) 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. (114) 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. (115) 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. (116) 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 conducted, sold or offered upon the same. Different varieties of signage are defined as follows: a. Animated 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, for purposes of announcing events which are held on the premises, and contains no commercial message. 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 of a noncommercial nature 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 - 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. Identification or Information Sign. Signs of an informational nature bearing no advertising. - 11 1 1 1 1 1 1 2 -010 DEFINITIONS n. Illuminated Sign: A sign illuminated directly or indirectly by gas, electricity, or other artificial light including reflective or fluorescent light. o. 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. A sign with a commercial message legible from a position off the lot on which the sign is located shall not be considered incidental. p. Memorial Sign: A sign or plaque erected in commemoration of a person, place or event. q. 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. r. 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. s. 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. t. 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. u. Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure. v. Temporary Sign: A non - permanent sign erected, affixed, or maintained on the premises for a short, usually fixed period of time. w. 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. x. Window Sign: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window. (117) Significant tree: All Live Oaks having a DB H of fifteen (15) inches or greater. (118) Site Plan: A sketch, prepared to scale, accurately and with complete dimensioning to include: the boundaries of a site and the location of all buildings, structures, uses, and proposed site development construction for a specific parcel of land. See Article 5 for specific requirements for site plans. (119) 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. (120) Start of Construction: Beginning of work under a permit. (121) 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 - 12 DEFINITIONS 2 -010 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 access 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. (122) 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. (123) Structural Alterations: Any change, except for repair or replacement of the supporting members of a building, such as bearing walls, columns, beams or girders. (124) 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. (125) Substantial improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50 0) 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 is being restored, before the damage occurred. (126) 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. (127) Tree: Any woody plant which has a diameter at breast height (DBH) of six (6) inches or more. (128) 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: - 13 1 1 1 1 1 1 2 -010 DEFINITIONS 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 Parcel /Vacant Lot: A parcel or lot on which there is no permanent structure or part thereof designed for human habitation, occupation, or use. (129) 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. (130) 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. (131) Use Variance: A variance granted for a use that is not permitted in that zoning district. (132) 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. (133) 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 (134) 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. (135) 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. (136) Zoning Administrator: That person or persons appointed by mayor and council to enforce the provisions of this chapter. - 14 GENERAL PROVISIONS 3 -020 Article 3 GENERAL PROVISIONS 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 RESIDENTIAL PROPERTY 3 -170 HOME OCCUPATIONS AND HOME BUSINESS OFFICES 3 -180 SATE•T.T.TTE 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 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. 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 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 - 15 1 1 1 1 1 1 3 -020 GENERAL PROVISIONS discretion. 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. 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 of lots 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. 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, 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 corner, twenty -five (25) feet from the point of intersection of their tangents, provided however, signs, lights, or similar objects which are located at least twelve (12) feet above the finished grade shall be permitted. See illustrations to follow for a visual clarification. - 16 GENERAL PROVISIONS 3 -060 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. 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 - 17 1 1 1 1 1 1 3 -070 GENERAL PROVISIONS 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 accordance with the regulations governing side yard, rear yard and front yard setbacks for principal buildings in the district. 3 -080 OFF- STREhr 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. (D) Off - Street Parking Dimensions: - 18 GENERAL PROVISIONS 3 -080 Off Street Parking Dimensions - 19 1 1 1 1 3 -080 GENERAL PROVISIONS (E) E xempt ions from Off -Stree t Parki ng Requi remen ts. 1 . E xisti ng strut tures with 2,000 squar e 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. 3 -090 SCHEDULE OF DEVELOPMENT REGULATIONS (A) 2 Minimum Yard Setback distance Minimum Lot area (sq.ft.) (ft.) Maximum Zoning Structure Distri ct Height Limits Parking Stall Depth Aisle Width Angle Traffic Direction 9 x 18 feet 12 feet 30 degrees one -way 9 x 18 feet 13 feet 45 degrees one -way 9 x 18 feet 18 feet 60 degrees one -way 9 x 18 feet 24 feet 90 degrees two -way GENERAL PROVISIONS 3 -090 Singl Two- fro rea sid e Famil famil y Multi- family nt r e Y 2 1 1 1 1 3 -090 GENERAL PROVISIONS - 2 R -010 12, 00 0 not ttea not permitte d 20 20 10 35' GENERAL PROVISIONS 3 -090 R -010- B 6,600 not perms tted not permitted 20 10 10 35' • - 23 1 3 -090 GENERAL PROVISIONS - 24 R -020 • 4,500 6,750 not permitte d 20 10 10 35' GENERAL PROVISIONS 3 -090 R -T 7,000 8,000 8,000 buildabl e to 80% of the Property exclusiv e of the setbacks 20 20 10 35' - 25 1 1 1 1 3 -090 GENERAL PROVISIONS (B) Schedule of Commercial minimum yard requirements. - 26 Schedule of Commercial minimum yard recruiremeri is GENERAL PROVISIONS 3 -090 Zone Front Yard Rear Yard* Side Yard Structur e Height - 27 1 1 1 1 1 3 -090 GENERAL PROVISIONS - 2 C-010 0 None required*, except 25 feet None required except 25 35' if bordering feet if residential bordering district. residential district. 1 GENERAL PROVISIONS C -020 20' 20' 10' 3 -090 35' - 29 1 1 1 1 1 3 -090 GENERAL PROVISIONS - 30 TBR 20' 10' 10' 35' GENERAL PROVISIONS 3 -090 * 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. 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. (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) , 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 Safe- Guards consisting of Fire Escapes, Sprinkler Systems, Smoke Detectors and non - combustible materials and any other Fire Protection Equipment 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. 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. 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 roofing 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 (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 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 - 31 1 1 1 1 1 1 3 -110 GENERAL PROVISIONS 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 commumty 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) Minimum Number of Vertical Ties Minimum Number of Diagonal Ties Number of Required Anchors per Home O to 40 feet 2 4 8 41 to 60 feet 3 6 12 61 to 84 feet 4 8 16 This table is based on a minimum working load per tie of 3,150 pounds with a 50 0 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 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. - 32 GENERAL PROVISIONS 3 -110 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. 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. 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 33 1 1 1 3 -130 GENERAL PROVISIONS building or structure, the building official shall inspect the same and shall determine if it is in compliance with all city and State regulations. 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. 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. 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 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) In no case shall a grease trap, garbage dumpsters, containers, or cans be placed within thirty (30) feet of a property line abutting a residential land use. 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 - 34 GENERAL PROVISIONS 3 -170 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. 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 of the 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 prior to 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 traffic or public utilities. 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 to 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. 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 be required to meet all front, side and rear setback requirements. Carports may be placed anywhere within the property boundaries. - 35 1 1 1 1 1 3 -210 GENERAL PROVISIONS 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. 3 -220 AMUSEMENT PARKS The sale of alcoholic beverages is not permitted on the property of any amusement 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. 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 offer protection to 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 of the 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 visible 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 not 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 not visible from the beach, or they shall be turned off from sunset to sunrise - 36 ZONING DISTRICTS 4 -010 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 is not 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. (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. - 37 1 1 1 4 -010 ZONING DISTRICTS Article 4 ZONING DISTRICTS 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 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. 4 -020 DISTRICT BOUNDARIES The boundaries of districts are hereby established as shown on the "Official Zoning Map of Tybee Island, Georgia," which is adopted as a part of this ordinance and remains on file in the office of the city records of Tybee Island, Georgia. Said map shall accurately show all map amendments in accordance with the provisions of this ordinance and document the date when said amendments became effective. It shall be the duty of the Zoning Administrator to see that the "Official Zoning Map of Tybee Island, Georgia ", displayed in the office of city records is kept up -to -date and accurately shows all amendments. 4 -030 INTERPRETATION OF DISTRICT BOUNDARIES Unless otherwise shown on the zoning map, the boundary lines of districts are: (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; limit or, (E) The corporate mit 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. 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. 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 - 38 ZONING DISTRICTS 4 -050 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 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 - 39 1 1 1 4 -050 ZONING DISTRICTS 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 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, tourist homes, bed & breakfast inns, b. apothecary shops, c. gift shops, d. barbershops, beauty shops, e. finance, 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. Existing residential dwellings can expand; but, they must meet yard setback and height requirements of the R -020 district. (2) Uses Permitted after Special Review and Site Plan Approval. In a C -1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the Mayor and Council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. lounges and package shops, for the retail sale of malt and alcoholic beverages. 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. (F) C -2 Highway Business District. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the - 40 (1) ZONING DISTRICTS 4 -050 market needs of Tybee Island residents and visitors. The focus of the C -020 Highway Business land use district is to provide for commercial land uses that support and complement the motorized consumer. C -020 Districts are intended for location along arterial streets where the negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized. Uses Permitted by Right after site plan approval. In a C -2 business district, land may be used and buildings or structures may be erected, altered or used only for the following purposes once the required site plan has been reviewed by the Planning Commission and approved by the Mayor and Council: Service stations. restaurants, including drive -in restaurants. gift shops (goods sold within an enclosed building) , motels, grocery stores, tourist homes and Bed and Breakfast Inns. parks, playgrounds and recreation facilities under the supervision of the city, professional and business offices, retail stores, marinas; and, seafood warehouses, retail and wholesale sales. 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 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, 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. 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. 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. 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 a. b. c. d. e. f. g• h. i. j• k. (2) (G) (1) (2) - 41 1 1 1 1 4 -050 ZONING DISTRICTS 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 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 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 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 - 42 ZONING DISTRICTS 4 -050 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. (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 Colony, Oceanside Dunes, and Oceanview Townhomes. - 43 1 1 1 1 1 1 4 -050 ZONING DISTRICTS Article 5 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 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 SITE PLAN APPROVAL 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 -160 ENFORCEMENT 5 -170 OTHER CITY ACTIONS AFFECTED ECTED BY THIS ORDINANCE 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. 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 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 - 44 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 5 -010 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 or 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 (greater than 15" DBH) or any number of trees that will result in a tree density of less than two trees per 4,500 square feet. This permit is required regardless of any other permits obtained. 5 -020 PERMITS OR ACTIONS REQUIRED BY THIS ORDINANCE The following are permits 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. (B) Site Plan Approval All land development activities other than res :.ential one and two family structures, regardless of the zoning district, must present a site plan of such development to the planning commission for review, and to the Mayor and council for approval prior to the issuance of any land development permits. (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. (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. (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. - 45 1 1 1 1 1 1 5 -020 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT (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 final 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. (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. (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- 02011(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 (0. 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 - 46 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 5 -040 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. 5 -030 1..E.ES 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. 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 ownershiR of the property or signed affidavit from the owner granting the apphcant permission to con uct 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. (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 - 47 1 1 1 1 1 5 -040 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 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, (4) Drainage plan to conform with city engineering department standards, (5) Location of all utilities, (6) Tabulated data including at least: a. Gross density of dwelling units, b. Parking ratio per dwelling unit, c. Percent and amount of land coverage by use; and, d. Percent and amount of floor area by use and by type, (7) Topographical map showing existing and proposed contours and natural features; and, (8) The planning commission may require elevations or other engineering or architectural drawings covering the proposed development. (9) 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 Chatham County Engineer or his designee. (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 be 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 - 48 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 5 -040 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, (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 Approval 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 final plat approval, are required before any lot, parcel, or tract of land can be divided into two or more pieces of property and recorded in the Chatham County Clerk of Courts Office. If the subdivision of land fits the definition 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 being subdivided . (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 proposed 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 tracing 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 contain the following information: - 49 1 1 1 1 1 1 5 -040 PROCEDURES FOR ADNIINISTRATION AND ENFORCEMENT 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 other 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 property, 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, 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 -year flood where appropriate. c. Other Information. In addition to the existing and proposed 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 map . 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. - 50 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 5 -050 4. When the preliminary plan includes only a part of the tract 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 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. 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, m 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. 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 - 51 1 1 1 1 1 1 5 -060 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 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. (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 Mayor 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 during normal hours of operation. Also, Campaign Disclosure Forms shall be made available to the public at the Planning Commission Public Hearing for use at 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 public 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. (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 final 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 - 52 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 5 -070 Commission in a public hearing in accordance with the procedures set forth in Section 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 action. 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 for a zoning decision. If the Planning Commission fails to submit a recommendation prior to the public hearing, the Planning Commission's recommendation 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 their next scheduled meeting. (2) So that the purpose of this zoning ordinance will be served and so that 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, and if 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 transcripts 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 court reporter to record and transcribe the hearing and furnish the original of the transcript 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 shall be noted as such and shall become a permanent part of the particular zoning action's file. 5 -070 STANDARDS FOR SPECIAL REVIEW Land uses listed in Article 4 of this ordinance that are permitted after special review 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 application 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, - 53 1 1 1 1 1 1 5 -070 PROCEDURES FOR ADNIINISTRATION AND ENFORCEMENT (2) The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood or adversely affect the 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 existing uses of adjacent properties, (5) The proposed use will be placed on a lot which is of sufficient size to satisfy the space requirements of said use, (6) The parking and all development standards set forth for each particular use for which a permit may be granted will be met; and, (B) Additional Mitigation Requirements . Planning Commission may suggest and the Mayor and Council may impose or require such additional restrictions and standards (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 Council shall find in the case of any permit granted pursuant to the provisions of these regulations, non - compliance of any term, condition, or restrictions upon which such permit was granted, the Mayor and Council shall rescind and revoke such permit after giving 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 only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by mayor and council. 5 -080 SITE PLAN APPROVAL The site plan approval process is intended to provide the general public, Planning Commission, Mayor and Council with information pertinent to how a new development will affect the surrounding area and the city as a whole. There is no evaluation process or set of regulations other than what is required to be shown on the plan and listed upon the apphcation. This requirement exists as a tool for public information. Site plan approval does not constitute approval of any other zoning action or permit. (A) Process. Upon submittal of the site plan, the zoning administrator 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 public 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 satisfactory, 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 Council. (B) Other Zoning Actions. Because Special Review, Variances, and Map Amendments require approved site plans, Site Plan Approval is the first step in the permitting processes . Once a site plan has met the application and process requirements the other zoning action processes may begin. - 54 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 5 -090 5 -090 VARIANCES (A) Standards. After an application has been submitted to the Zoning Administrator , reviewed by the Planning Commission, and a public hearing has been held by the Mayor and Council, the Mayor and Council may grant a variance from the strict application of the provisions in this ordinance only if the following findings 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 requirements, the petitioner shall be regiured 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 to add two feet (2) to the rear setback for each foot above the thirty -five feet height, and have safe guards consisting of Sprinkler Systems, Smoke Detectors, and any other Fire Protection deemed necessary at the time by Mayor and Council. (C) Variance Longevity. After a variance has been granted by the Mayor and Council it 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 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) Criteria to Consider for Use Variances The applicant, staff, planning commission, and governing body will review applications for use variances with regard to the following criteria: (1) Off - street parking and loading facilities are adequate in terms of location, amount and design to serve the use; (2) The number, size, and type of signs are compatible with the surrounding area; (3) The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved; (4) Ingress and egress to the property is suitable and safe, and the effect of the proposed activity on traffic flow along adjoining streets is not adverse; (5) The location and intensity of outdoor lighting is such that it does not cast light on adjacent, adjoining or neighboring properties; (6) Hours and manner of operation of the proposed use are not inconsistent with adjacent and nearby uses; (7) Public facilities and utilities are capable of adequately serving the proposed use; (8) The proposed use will not have significant adverse effect on the level of property values or the general character of adjacent land uses or the general area; (9) The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development; (10) The proposed variance is consistent with the goals and objectives of the city's comprehensive plan. (E) The staff, planning commission, and governing body, may consider other - 55 1 1 1 1 1 1 5 -100 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT factors deemed relevant before formulating recommendations and taking action on a particular variance. In exercising the powers to grant variances, the mayor and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of these regulations . 5 -100 STANDARDS FOR VARIANCE FROM THE FLOOD DAMAGE CONTROL REGULATIONS After an application has been submitted to the Zoning Administrator and a Public Hearing has been held by the Planning Commission, the Mayor and Council may grant a 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 injury of 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 the community. (E) The necessity to the facility of a waterfront location where applicable. (F) The availability for alternative locations, not subject to flooding or erosion damage, for the proposed use. (G) The compatibility of the proposed use with existing and anticipated development. (H) The relationship of the proposed use to the comprehensive plan and floodplain management for the area. (I) The safety of access to the property in times of flood for ordinary and emergency 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 flooding conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (L) Generally, variances may be issued for new construction and improvements 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 subsections (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 variances it deems necessary to further the purposes of this chapter. Variances may be issued for the reconstruction rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places although these structures may fail some of the tests herein prescribed. 5 -110 STANDARDS FOR ZONING ORDINANCE OR MAP AMENDMENT APPROVAL In order to promote the public health, safety, and general welfare of the City of Tybee Island against the unrestricted use of property, the following standards and any other 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 - 56 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 5 -110 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 drainage, 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 existing requirements, (I) Whether the proposed change is out of scale with the needs of the neighborhood or entire City, (J) Whether the proposed change will constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the 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. 5 -120 SIGN PERMIT APPROVAL It is the responsibility of the building inspector to determine whether the information provided by the applicant meets the requirements of the sign regulations in Article 6. Once 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. 5 -130 MAJOR SUBDIVISION PLAT PROCEDURE It shall be the duty of the planning commission to inspect preliminary plans and to recommend approval or disapproval of such plans . It shall be the duty of the planning commission to inspect final plats and the information submitted with such final plats, and to recommend approval of such final plats when the requirements of this chapter have been met and to recommend disapproval of such final plats when the requirements of this ordinance have not been met. When the planning commission acts on a plat, it shall forward it to the mayor and council with its recommendations. (A) Action on Preliminary Plan. If the planning commission finds that the proposed design of the subdivision shown on the preliminary plan complies with 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 preliminary plan does not comply with the design requirements of these regulations, then the planning commission shall either recommend disapproval of such plan or shall recommend approval of such plan on the condition that specified violations are corrected prior to the submittal of the final plat. When the mayor and council recommend disapproval of a preliminary plan it shall give the developer the reasons for such disapproval in writing. Except where an extension of time is authorized by the applicant for preliminary plan review, the planning commission shall have thirty (30) days from the date of the submission of a preliminary plan to act on such plan. Unless action is - 57 1 1 1 1 1 5 -130 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT taken on an application for preliminary plan review within the thirty -day period, a written recommendation of approval shall be issued by the planning commission of the demand of the applicant. The mayor and council, upon receipt of a recommendation from the planning commission, shall hold a public hearing thereon and shall notify in writing all abutting property owners and the developer of the subdivision of the time, date and place of said hearing. The mayor and council may either approve, disapprove or require modifications to be the subdivision plat. (B) When Preliminary Plan Approved, Work May Proceed. When a developer receives approval of the preliminary plan showing the design of his proposed subdivision, he may proceed with the construction of the subdivision, such construction shall conform with the design submitted to and approved by the mayor and council. (C) Time Limit on Preliminary Approval. The mayor and council's approval of a preliminary plan shall be valid for one year. If work has not started on a subdivision which has been granted preliminary plan approval on or before the end of this one - year - period, then the plan of such subdivision shall be resubmitted for preliminary approval; provided, however, that this time may be extended unless changes have occurred in this chapter, or in the character of the property surrounding the property of the proposed subdivision which 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 the superior court of Chatham County and the lots thereon offered for sale, an original and four (4) prints of a final plat showing the final design of the subdivision shall be submitted to the planning commission for review. Until a final plat of a subdivision has been submitted to and reviewed by the planning commission and approved and signed by the Zoning Administrator, Mayor, and Clerk of the city, the clerk of the Superior Court of Chatham County shall not record the plat of such subdivision, nor shall the owner or agent of such subdivision be authorized to transfer or sell any of the land within such subdivision by reference to a plat. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the planning commission. The original copy of the final plat shall be drawn on eighteen -inch by twenty- four -inch sheets of Mylar reproducible material at a scale of not less than two hundred (200) feet to the inch. Where necessary, the final plat may be several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall contain the following information: (1) Primary control points to which all dimensions, angles, bearings, and similar data on the plat shall be referred. (2) Tract boundary lines; right -of -way lines of streets; easements and other 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. (6) Purpose for which sites, other than residential lots, are dedicated or reserved. (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 land by record name. - 58 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 5 -130 (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 public 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 accepted by the mayor and council of the city before such dedications shall be binding on 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 by neither public sewers nor public water, nor both then the final plat shall be accompanied by 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 requirements 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 is available 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 of not 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) months. 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 released 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 final plat shall be filed with the planning commission not less than twenty (20) days prior to a regular meeting of the planning commission. (I) Action on Final Plat. If the planning commission finds that all the requirements of this chapter have been met, it shall recommend approval of the final plat and submit such plat to the mayor and council. If the planning commission finds that all 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 shall not exceed ninety (90) days - 59 1 1 1 1 1 1 5 -140 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT to take corrective action, then the planning commission shall recommend disapproval of the final plat to the mayor and council and shall set forth its reasons for such recommendations in writing. Except where an extension of time is authorized [stipulated] by the applicant for final plat review, the planning commission shall have thirty days from the date of the submission of a final plat to submit its recommendations on such plat to the mayor and council. Unless such action is taken within such thirty -day period, then such plat shall be deemed to have received a recommendation 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 planning commission. (1) When the final plat has been approved, the city shall present the final plat to the Clerk of the Superior Court of Chatham County to be recorded. The Zoning Administrator shall provide the subdivider with the subdivision map book number and page number in which the subdivision has been recorded by the clerk of the superior court. The cost of such recording shall be paid by the subdivider and shall be deposited with the city clerk prior to such recording. (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 subdivision shall be entitled to all privileges and services available to other subdivisions within the city. (J) Revisions to Recorded Plat. If during the development process revisions must be made to either the preliminary or final plat as approved by the health department, 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 supporting information as required by these regulations. Proposed revisions to a recorded 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 Section 4(G) (2) of these regulations. (2) Minor revisions. Proposed revisions to a recorded plat which do not alter or change in any way the street and /or utility layout of said plat shall be submitted as follows; The subdivider shall file with the planning commission four (4) copies of the original plat with all minor revisions shown in red. The plats shall be accompanied by a statement signed by all affected property owners acknowledging their awareness of and approval of the revisions. Proposed revisions shall be reviewed by the planning commission. Upon a finding that the revisions comply with all applicable regulations, the revised plats shall be submitted to the mayor and council for approval. One copy of the approved plat shall be recorded and one copy shall be attached to the originally recorded plat as part of the public record. 5 -140 MINOR SUBDIVISION PLAT APPROVAL PROCEDURE Minor subdivisions may be submitted as final plats, and shall comply with the requirements of these regulations, including minimum finished floor elevation requirements, with the following exceptions: (A) Setback and dead -end street regulations established in the subdivision ordinance 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 the blocks on each and of the affected city block, in the street affected. (B) Topographic information shall not be required, unless specifically requested by the city. - 60 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 5 -140 (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 satisfy this requirement. (D) The developer shall submit a drainage plan for approval if requested by 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 council 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. The 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 provision 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. 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 reduce exposure to flood hazards. (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development. 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. (B) Violations. Any building or structure that is erected, altered, converted, or maintained in violation of this code shall be subject to a minimum penalty of $500.00. Continuance of a violation shall be considered a separate and distinct offense for every day the violation is continued. (C) Enforcement of Violations. When the zoning officer finds that any provision of this ordinance is being violated, the zoning officer or agent thereof 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 violation and ordering the action necessary to correct it . Additional notices may be sent at the zoning officer's discretion. (2) Fifteen (15) days prior to legal action by the city, send a final notice 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" - 61 1 1 1 1 5 -160 PROCEDURES FOR ADBIIINISTRATION AND ENFORCEMENT - 62 shall 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 property or sign which is involved in or is the subject of the complaint. Such hearing 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 continued as provided by law. b. Complaints or orders issued by the Municipal Court pursuant to the provisions of this ordinance shall, in all cases, be served upon each person in possession of said property, each owner, 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 such party or parties were served either personally or by leaving a copy of the complaint or order at the residence shall be conclusive as to such service, 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 complaint or orders to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties and the return of services signed by the public officer or his agent other than the resident initiating the complaint; and the return of such public officer that such party or parties were served either personally or by leaving 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 premises 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 them by registered or certified mail. e . In the event either the owner or any party in interest is a minor or an insane person or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such 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 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT 5 -160 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. 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. - 63 1 1 1 1 1 5 -170 PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT Article 6 SIGN REGULATIONS 6 -009 Editor's Note to Article 6. 6 -010 STATE CODE ADOPTED 6 -020 PERMIT REQUIRED 6 -030 TRAFFIC SAFETY 6 -040 EXEMPTIONS; SIGNS NOT REQUIRING A PERMIT 6 -050 OBSOLETE /ABANDONED SIGNS 6 -060 UNSAFE SIGNS 6 -070 RESTRICTED SIGNS 6 -080 DESIGN STANDARDS 6 -090 NONCONFORMING SIGNS 6 -100 RELIEF FROM SIGN DESIGN REQUIREMENTS - 64 SIGN REGULATIONS 6 -040 6 -009 Editor's Note to Article 6. No sign shall be constructed, altered or maintained within the corporate limits of the city except in conformance with the requirements of this ordinance. The city is both a residential and tourist community. The proper control of signs is therefore of particular importance to both residents and visitors. The right to identify 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. 6 -010 STATE CODE ADOPTED All signs that are visible from a state highway that is part of the interstate and 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. 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 and /or licensed by the city. 6 -030 TRAFFIC SAFETY 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 the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words, "STOP ', "LOOK ', "DRIVE -IN ", "DANGER ", or any other word, phrase, symbol or character in such manner as to interfere with, mislead, or confuse traffic. 6 -040 EXEMPTIONS; SIGNS NOT REQUIRING A PERMIT Exemptions shall not be construed as relieving the owner of such signs from the 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 exceedmg 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. - 65 1 1 1 1 1 1 6 -040 SIGN REGULATIONS (D) Names of buildings, date of erection and commemorative tablets when cut 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 institutions not to exceed fifteen (15) square feet; provided, such sign is located on the premises 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 sign area; 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 attached to 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. Banners shall be placed no earlier than thirty (30) days prior and removed within two (2) days of the completion of the campaign, event or exhibit. No banners shall be erected over any street, lane or highway of the City, nor shall a banner be attached to any tree or utility pole without city approval. 6 -050 OBSOLETE /ABANDONED SIGNS 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. 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. - 66 SIGN REGULATIONS 6 -070 6 -070 RESTRICTED SIGNS 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. 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 MINIMUM MATERIALS OR EQUIVALENTS: 1. SIGN SURFACE: A. 29 lbs. B. 2. POSTS OR PIPES: A. B. C. Per S. F. 3. HARDWARE: A. B. 4. POST OR POLE BURY DEPTH: A. Wind loads B. C. (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. - 67 1 1 1 1 1 6 -080 SIGN REGULATIONS (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 of the 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 and then only if accessory and incidental to a permitted use: (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. b. Shall not exceed one (1) sign per roadway entrance to the subdivision. 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. (D) Commercial Signs For all commercial uses, only the following signs are hereby permitted and then only if accessory and incidental to a permitted use. (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) percent of the area of the building wall, including doors and windows, to which the sign is to be affixed or two hundred (200) square feet, whichever is smaller. c. Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or twenty (20) feet, as measured from the base of the building wall to which the sign is to be affixed, whichever is lower. d. Special Conditions. Where a principal building is devoted to two (2) 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 - 68 SIGN REGULATIONS 6 -080 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 sign aggregate gross surface area for the building. (2) Freestanding Signs. a. Number. There shall not be more than one (1) freestanding sign for each principal building. b. Height & Size. All freestanding signs must meet the parameters listed in the followin. table: Clas s Street Speed Limit (mph) Minimum Frontage (feet) Maximum Size Area (square feet) Maximum Height (feet) 1 0 -0200 50 10 12 11 20 -0305 80 -01050 20 12 III 20 -0305 150+ 50 20 Iv 36 -0504 150 60 25 In the event that there is more than one principal use, the sum total for each sign shall not exceed the maximum size allowed per building. (3) Projecting Signs. a. Number. For all principal uses occupying one hundred twenty -five (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 each 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 feet, one additional foot of sign area shall be allowed for each additional foot of building frontage occupied over one hundred twenty -five (125) feet; provided, such sign shall not exceed one hundred seventy -five (175) square feet in area. b. Projection. The outer edge of a projecting sign shall not extend more than six (6) feet from the building to which it is attached. c. Height. The height of a projecting sign shall not extend above the parapet wall of the building, and the lowest point of the projecting sign shall not be less than 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 signs indicating the type of service offered, the price of gasoline, and other relevant information or direction to persons using the facility but - 69 1 1 1 Setback —i►' How to Measure Setback Distaff (sideview) Road 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 - mar -Road- Lqt Line 4E-> Side Yard Accessory iii Dtl1i — D. Front Yard IIIIIIIIIIIIIIIIIIIII Rear Yard Side Yard How to Measure Setback Distance (top view) 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, for purposes of announcing events which are held on the premises, and contains no commercial message. 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 of a noncommercial nature 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 Article II Definitioxzs p>a.ge 10 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) percent of the area of the building wall, including doors and windows, to which the sign is to be affixed or two hundred (200) square feet, whichever is smaller. c. Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or twenty (20) feet, as measured from the base of the building wall to which the sign is to be affixed, whichever is lower. d. Special Conditions. Where a principal building is devoted to two (2) 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 to tted wall sign aggregate gross surface area for the building. (2) Freestanding Signs. a. Number. There shall not be more than one (1) freestanding sign for each principal building. b. Height & Size. All freestanding signs must meet the parameters listed in the . Class Street Speed Limit (mph) Minimum Frontage (feet) Maximum Size Area (square feet) Maximum Height (feet) I 0 -20 50 10 12 II 20 -35 80 -150 20 12 III 20 -35 150+ 50 20 IV 36 -54 150 60 25 In the event that there is more than one prmcipal use, Article VI Sign Regulations page 5 (3) sign shall not exceed the max Projecting Signs. a. Number. For all principal uses occupying one hundred twenty -five (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 each 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 feet, one additional foot of sign area shall be allowed for each additional foot of building frontage occupied over one hundred twenty -five (125) feet; provided, such sign shall not exceed one hundred seventy -f 1 5)-- -ware feet in area. PROJECTIN+ SIGN 10' b. Projection. The outer edge of a projecting sign shall not extend more than six (6) feet from the building to which it is attached. c. Height. The height of a projecting sign shall not extend above the parapet wall of the building, and the lowest point of the projecting sign shall not be less than 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. ROOF MOUNTED SIGNS i1E R;I{iihIIIh Article VI Sign Regulations page 6 1 1 6 -080 SIGN REGULATIONS containing no advertising material of any 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 identification sign for each service or pump island located on the premises. c. Area. The sign area of a service island identification sign shall not exceed twelve (12) square feet. d. Height. A service island identification sign shall not project higher than fifteen (15) feet. (6) Directory Sign. A directory sign may be used for places with more than one business. a. Number. One sign shall be permitted for shopping center or office complex. No other freestanding sign shall be permitted. b. Size. The sign shall be permitted one -half square foot of sign area for 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 sign area. c. Time. The sign shall be displayed for no more than fourteen (14) days. d. Permit. The establishment shall notify the city prior to displaying the sign 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 the special, unique, or limited activity, service product, or sale is to occur. Temporary signs located 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 only 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 any existing principal use sign. (3) The sign shall setback from the street - right -of -way line a distance of at 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 of 1970, SEC: 12 -5 -288 (b -4) which restricts the construction of structures in the marsh and the obstruction of the marsh view by signage. (6) The sign with a back exposed to view in whole or in part shall have the back of such sign covered, screened, or painted to blend in with the surrounding area. - 70 SIGN REGULATIONS 6 -080 (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 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. (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. (I) 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 before 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. 6 -090 NONCONFORMING SIGNS (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 or changes in copy. (C) Continuation and Removal. All non - conforming signs that were properly permitted 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. 6 -100 RELIEF FROM SIGN DESIGN REQUIREMENTS A sign may be granted relief from the strict application of the design standards 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 including side 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 including side and rear lines. This does not apply to wall or roof mounted signs. - 71 1 1 1 Graduated Sign Height based on Setback from Right -of -Way Sign height is determined by a slope of the distance from the right -of -way. Example: At the right -of -way, sign height is zero. From there, height may increase one foot for every two feet of distance from the right -of -way. Street Right -of -Way Utility 1 Right -of -Way Graduated Sign Area based on Setback from Right -of -Way Sign area is determined by a ratio of the distance from the right -of -way. Example: At the right -of -way, sign area is zero. From there, area may increase two square feet for every one foot of distance from the right -of -way. SIGN SIGN SIGN SIGN Street Right -of -Way • Utility 1 Right -of -Way Article VI Sign Regulations page 9 1 1 1 6 -100 SIGN REGULATIONS Article 7 TREE REMOVAL REGULATIONS 7 -010 FINDINGS OF FACT 7 -020 PURPOSE 7 -030 APPLICATION AND EXCEPTIONS 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 7 -010 FINDINGS OF FACT (A) Natural vegetative growth and trees add physical, aesthetic, and economic value to the island and should be preserved where possible. (B) Trees, particularly native Live Oaks, help stabilize the soil with their root systems and control soil erosion 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 residents and visitors to Tybee Island. 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 fashion of proposed tree removal activities. (E) To help protect the investments of property owners and buyers, and provide mature native island trees for the enjoyment of future generations. 7 -030 APPLICATION AND EXCEPTIONS The requirements of this ordinance shall apply to all parcels within the City. 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 or designated City 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. - 72 TREE REMOVAL REGULATIONS 7 -040 7 -040 BUILDING PERMIT REQUIRED Any person desiring to clear land or remove trees to a density below that required 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. 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 two 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 Administrator 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 or the 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 planting shall be in accordance with the standards set forth in Section 7 -090. 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 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 if 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 of fifteen inches 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 - 73 1 1 1 1 1 7 -090 TREE REMOVAL REGULATIONS 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. 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 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. 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 to the Palm's Up fund per an established fee schedule. 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 found guilty of violation, shall be subject to a fine not less than two hundred dollars ($200.00) for each unlawfully removed tree. (B) In lieu of, or in addition to, the penalties imposed in Subsection (A) herein 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 requirements 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 - 74 TREE REMOVAL REGULATIONS 7 -090 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 requirements of this subsection are mandatory, and shall apply regardless of any other penalties imposed for violation of this ordinance. 7 -100 APPEALS OF ACTIONS Appeals of decisions of the City Administrator, City Marshal, or his designee, pursuant to this ordinance shall be made to the Mayor and Council pursuant to Tybee Island City Council meeting procedures . - 75 1 1 1 1 1 7 -100 TREE REMOVAL REGULATIONS Article 8 FLOOD DAMAGE CONTROL 8 -010 FINDINGS OF FACT 8 -020 STATEMENT OF PURPOSES 8 -030 OBJECTIVES 8 -040 ADOPTION OF FEMA FLOOD HAZARD BOUNDARY MAPS, 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 IV ZONE AREAS) 8 -110 REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION IN THE A ZONE 8 -120 REQUIREMENTS FOR NONRESIDENTIAL CONSTRUCTION IN THE A ZONE 8 -130 MANUFACTURED HOUSING IN A ZONE AND V ZONE 8 -140 ELEVATIONS TO BE ATTACHED TO BUILDING PERMIT 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 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, extraordinary 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 obstructions 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. 8 -020 STATEMENT OF PURPOSES It is the purpose of this chapter to promote the public health, safety and general 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; (B) Require that uses vulnerable to floods, including facilities which serve 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 . (Ord.No.5- 010985 -0100- 0203 -0805) - 76 FLOOD DAMAGE CONTROL 8 -030 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 flooding 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. 8 -040 ADOPTION OF FEMA FLOOD HAZARD BOUNDARY MAPS, 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 noted thereon, are hereby incorporated into this chapter. These maps shall be kept in custody of that 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 determine those areas that contain flood hazards and those areas that require construction of buildings 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. 8 -050 COMPLIANCE No structure or development within the city limits of Tybee Island shall hereafter be located, constructed, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations. 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. 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 (C) Deemed neither to limit nor repeal any other powers granted under state statutes. - 77 1 1 1 1 1 1 8 -080 FLOOD DAMAGE CONTROL 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. 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. 8 -100 DEVELOPMENT OF COASTAL HIGH HAZARD 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 percent (1%) chance of being equaled or exceeded in any given year. A registered professional 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 - 78 FLOOD DAMAGE CONTROL 8 -110 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 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 providers an analysis by an engineer, architect and /or soil scientist, which demonE trates 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. 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; - 79 1 1 1 1 8 -110 FLOOD DAMAGE CONTROL (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 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 flood 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: (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 (1') 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. 8 -120 REQUIREMENTS FOR NONRESIDENTIAL CONSTRUCTION IN THE A ZONE (A) Within those areas of the municipality designated as special flood hazard areas by the flood maps, substantial improvements to existing and to all new construction of nonresidential structures shall have the lowest floor, including basements, elevated 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 proof up to the applicable level of the one hundred -year flood. As an alternative to the elevation 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 proofing 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 section. (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 - 80 FLOOD DAMAGE CONTROL 8 -120 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: (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. 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 tie per side at an intermediate location on manufactured homes of less than fifty (50) feet and one additional tie per side for manufactured homes for fifty (50) 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 (50) 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 has 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 the 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 apart; and c. Reinforcement is provided for pilings more than six (6) feet above ground level. (4) For all new construction and substantial improvements in the A zone, 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 floodwater. Designs for meeting this requirement must be either certified by a registered - 81 1 1 1 1 1 1 8 -130 FLOOD DAMAGE CONTROL 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 provided. b . The bottom of all openings shall be no higher than one foot above grade. 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 construction 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 flood damage shall be allowed in areas of special flood hazard. 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 shall have indicated thereon the base flood elevation from mean sea level (MSL) . (A) The building permit should indicate that the as -built lowest floor elevation 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. (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 when 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. 8 -150 CERTIFICATE OF OCCUPANCY FOR PROPERTY IN V ZONE AND A ZONE v Elevation of lowest floor or structural member as constructed. nag Prior to final erection of horizontal support for lowest floor GA- licensed surveyor, architect, or engineer. v As constructed, building is secured to anchored pilings or columns. 30 days maximum after completion. Engineer or architect, Ga registered. - 82 FLOOD DAMAGE CONTROL 8 -150 V As constructed, if unfinished enclosed areas below base flood exceed 300 square feet, conditions meet V Zone standards 30 days maximum after completion. Engineer or architect, GA registered. AWng ...................... A All new construction or substantial improvements must show certification of as -built lowest floor elevation. 30 days maximum after completion. Engineer, surveyor or architect, GA (Georgia) registered. A Floodproofing complies with all requirements of Section 8 -0102, to elevation (This certification required when floodproofing nonresidential structures in lieu of elevating to base flood level). 30 days maximum after completion. Engineer or architect, Ga registered. (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 service 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 construction meets these and other code requirements, a certificate of occupancy will be issued. 8 -160 BUILDING PERMIT APPLICATIONS REVIEWED PRIOR TO 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 those 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 required 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 damage; and (E) Within flood prone areas new and replacement water supply systems shall 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 shall be used. - 83 1 1 8 -160 FLOOD DAMAGE CONTROL (H) All new construction and substantial improvements in flood -prone areas shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 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. - 84 FLOOD DAMAGE CONTROL 8 -170 Article 9 BUILDING REGULATIONS 9 -010 APPOINTMENT OF BUILDING INSPECTOR 9 -020 DUTIES OF CITY CODE ENFORCEMENT STAFF 9 -030 BUILDING PERMITS 9 -040 RIGHT OF ENTRY 9 -050 TECHNICAL CODES ADOPTED 9 -010 APPOINTMENT OF BUILDING INSPECTOR The inspections conducted by the City of Tybee Island Code Enforcement Department 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. 9 -020 DUTIES OF CITY CODE ENFORCEMENT STAFF The City of Tybee Island Code Enforcement Staff is comprised of the City 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's representative while conducting the following duties: (A) To enforce the city's technical codes. (B) To approve or disapprove within a reasonable time the building permit applications, and plans, specifications, etc. filed with his office. (C) To answe? questions relative to this ordinance. (D) To issue permits and collect fees. 9 -030 BUILDING PERMITS (A) Application for a building permit must be made by the owner, or his agent, 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 or any 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 lot 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 issued until 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 $1,000.00 value $5.00 All permit fees are non - refundable. (B) If a permit is for work on undeveloped land or a vacant lot then the landowner or permittee shall show the diameter and location of all significant trees above six (6) inches in diameter at breast height (4 2 feet above grade) on the site plan and/or preliminary plat. - 85 1 1 1 9 -030 BUILDING REGULATIONS (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 activities . No inspection shall be conducted until the applicant has provided proof of compliance 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 the mayor and council should the building inspector refuse to approve the issuance of a permit. (E) Construction must begin within one hundred and eighty (180) days from the date of permit issuance. 9 -040 RIGHT OF ENTRY All the officers designated under this chapter or any future amendments to the 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. 9 -050 TECHNICAL CODES ADOPTED (A) Building & Existing Building Code Adopted. The Standard Building & Existing Building Code, 1991 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 Clerk of Council 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 Tybee 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 . Construction in high hazard areas (V- zones, A- zones) shall also follow requirements of the Department of Housing and Urban Development Manual "Design and Construction Manual for Residential Building in Coastal High Hazard Areas." The minimum depth of bury for all footings shall be 24 inches below finished grade, measured to the top of the footing. (3) Common Walls. Common walls that separate two or more units or two 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 firewall as defined in the latest edition of SBCCI as meeting four -hour resistance with protective openings of three -hour resistance (Table 600) and which 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 enabling the collapse of a structure on either side of the wall without - 86 BUILDING REGULATIONS 9 -050 collapse of the wall itself; or, 2. Each unit shall be fully sprinkled by a system conforming to NFIPA Standard 13 as modified by NFIPA 231 and NFIPA 231 (c) and installed by a firm holding a valid Georgia State Competency Certificate. b. In those areas designated as V -Zones on the NFIP maps published 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 clerk of council where it is available for public inspection during regular business hours, being marked and designated as the "National Electrical Code ", 1990 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, penalties, conditions and terms of this electrical code are hereby referred to, adopted and made 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 installations: 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 minimum of 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. I. No penetration or routing through firewalls 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, 1991 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 clerk of council 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. - 87 1 1 1 1 1 1 9 -050 BUILDING REGULATIONS (D) Gas Code Adopted (1) The Standard Gas Code, 1991 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 clerk of council 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. (E) Housing Code Adopted (1) The Standard Housing code, 1991 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 clerk of council 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, 1991 Edition, and future editions as revised, recommended by the Souther 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 clerk of council 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, 1991 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 clerk of council 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, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc. , is hereby adopted in its entirety save and except - 88 BUILDING REGULATIONS 9 -050 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 clerk of council 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. (I) Standard Unsafe Building Abatement Code (1) The Standard Unsafe Building Abatement Code, 1985 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 out 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 Tybee 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 clerk of council 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 clerk of council 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 clerk of council where it shall be available for inspection by the public during regular - 89 1 1 1 1 1 9 -050 BUILDING REGULATIONS - 90 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. BUILDING REGULATIONS 9 -050 Article 10 SUBDIVISION REGULATIONS 10 -010 SHORT TITLE 10 -020 AUTHORITY 10 -030 AREA EMBRACED 10 -040 PURPOSE 10 -050 MINOR SUBDIVISIONS 10 -060 VARIANCE 10 -070 TT.TIF.GAL LAND SUBDIVISION 10 -080 DESIGN STANDARDS 10 -010 SHORT TITLE This chapter shall be known and may be cited as the "Subdivision Regulations of Tybee Island, Georgia." 10 -020 AUTHORITY The mayor and council of the city, pursuant to the authority conferred by the provisions of the Georgia Code, annotated, do ordain and enact into law the following articles and sections. 10 -030 AREA EMBRACED The jurisdiction of this chapter shall be all that area within the corporate limits of the city. 10 -040 PURPOSE The various articles and sections of the chapter are adopted for the following purposes, among others: (A) To help conserve and protect the natural, economic, and scenic resources of the city. (B) To help prevent and reduce the traffic congestion and traffic hazards which result from narrow or poorly aligned streets, and which result from excessive entrance and exit points along major traffic arteries . (C) To help eliminate the costly maintenance problems which develop when streets and lots are laid out without proper consideration being given to the drainage characteristics of the tract of land at the time the land is being subdivided into streets and lots . (D) To help prevent the spread of urban blight and slums. (E) To help ensure that residential lots will be of such design, area, and width as will prevent health and sanitation problems from developing in those subdivisions with lots to be served by individual water supply and waste disposal systems . (F) To help ensure that all building lots will be accessible to fire - fighting equipment, and other emergency and service vehicles . (G) To help protect the investments of the buyers of subdivision lots. (H) To help promote and protect the health, safety, prosperity, and welfare of the citizens of the city, and for other purposes. - 91 1 1 1 1 1 10 -050 SUBDIVISION REGULATIONS 10 -050 MINOR SUBDIVISIONS In the case of a minor subdivision which shall have lots fronting only on an existing, open, and public street and which does not require a new street and each new lot meets the minimum lot size requirements of Section 3 -080 for the current zoning district, the developer of such subdivision shall only be required to submit a final plat . 10 -060 VARIANCE When a peculiar shape, or the topography of a tract of land, or other unusual condition, makes it impractical for a developer to comply with the literal interpretations of the design requirements of this chapter, the mayor and council, following a recommendation of the planning commission may approve variances to these regulations, provided, however, that in so doing, the intents and purposes of this chapter are not violated. For such a variance to be considered the applicant must follow the variance requirements in Section 5 -090 as well as the subdivision approval procedures . 10 -070 ILLEGAL LAND SUBDIVISION Unless a subdivision hereafter established shall be designed, developed, and recorded in accordance with the provisions of this chapter, then: (A) The city shall not accept the dedication of any street within such subdivision, nor shall the city improve, maintain, grade, pave, or light any street within such subdivision unless such street or streets shall have received the status of public streets prior to the adoption of this chapter. (B) The city shall not assume any responsibility for drainage problems within such subdivision unless city owned and maintained drainage structures already exist in such subdivisions . (C) The city shall not issue a building permit within such subdivision. (D) No unit of local government shall be authorized to extend any publicly operated service or utility into such subdivision. 10 -080 DESIGN STANDARDS (A) Minimum Design Standards and Improvements In order that various purposes of this chapter may be accomplished, all subdivisions hereafter established shall be developed and improved in accordance with the minimum design standards set forth in this article. Provided, those parcels recorded prior to the effective date of these regulations which abut an unopened road shall not be developed until such road or portion thereof has been opened and paved according to city specifications or as certified to be paved in accordance with subsection (E) of these regulations. Final approval shall not be given a subdivision until all appropriate design standards have been met and until all appropriate required improvements have either been installed or an appropriate bond or certified check has been posted to secure the installation of such improvements . (B) Benchmarks At least two (2) benchmarks shall be established within a subdivision. Such benchmarks shall be at opposite corners of the property being subdivided. (C) Monuments The subdivider shall provide stone or concrete monuments four (4) inches in diameter or square, thirty (30) inches long, with a flat top, which shall be set - 92 SUBDIVISION REGULATIONS 10 -080 at each street corner, and at all points of curvature in each street. The top of the monument shall contain a metal pin or be scored with an indented cross to properly identify the location. The subdivider shall also provide all interior lot corners of subdivisions with concrete monuments, iron pins, or iron pipes. Iron pipes shall be at least one -half inch in diameter and twenty -four (24) inches in length. (D) Streets Except as hereinafter provided, all streets established in any subdivision shall comply with the following general provisions: (1) Continuation of existing street pattern. The arrangement of streets in a subdivision shall provide for the alignment with, or the continuation of the appropriate projection of existing principle streets in surrounding areas. (2) Street jogs. Street jogs or center line offsets in the horizontal alignment of streets across intersections of less than one hundred fifty (150) feet shall be prohibited. (3) Intersections. The center line of no more than two (2) streets shall intersect at any one point. Streets shall be laid out so as to intersect as nearly as possible at right angles and no streets shall intersect any other street at less than sixty (60) degrees. Curved streets shall have a minimum tangent of one hundred (100) feet at intersection. (4) Streets intersecting with major arterials and secondary arterials. New street entrances on roads designated or classified as arterials shall be not less than five hundred (500) feet apart. However, the mayor and council may reduce these requirements whenever they determine that such action will not be contrary to the purpose of this chapter. (5) Subdivisions on arterial streets. Where a subdivision abuts or contains an existing or proposed arterial street, the mayor and council may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service lanes, or such other treatment as any be necessary for adequate protection of residential properties and to afford separation of through and local traffic. (6) Minimum curb and street radius. The lot line radius at intersecting streets shall be not less than twenty (20) feet. The center line radius of all curvilinear streets shall be not less than seventy five (75) feet. (7) Permanent dead -end streets. Dead -end streets, designed to be such permanently, shall be provided at the closed end with a turnaround having an outside roadway diameter of not less than eighty (80) feet, and a right -of -way diameter of not less than one hundred (100) feet. (8) Temporary dead -end streets. Temporary dead -end streets shall be provided with a temporary turnaround area which shall meet the requirements for design, maintenance, and removal as approved by the mayor and council. (9) Half streets. Half streets shall not be permitted within a subdivision. (10) Interior streets . Interior streets within subdivisions shall be so laid out and designed that their use by through traffic and speeding traffic will be discouraged. (11) Street names. All streets within a subdivision hereafter established shall be named. No name shall be used which will duplicate or be confused with existing street names. (12) Additional right -of -way. A proposed subdivision that includes a platted - 93 1 1 1 1 1 1 11 -010 PLANNING COMAIIISSION street that does not conform to the minimum right -of -way requirements of this chapter shall provide for the dedication of additional right -of -way required by ordinance. If the proposed subdivision abuts only one_ side of said street then a minimum of one -half of the required extra right -of -way shall be dedicated by such subdivision. (13) Street access to adjoining property. Whenever the mayor and council find that street access to adjoining property is needed, a street right -of -way shall be extended to the boundary of such property and such right -of -way shall be dedicated to the public as an unopened street. When such unopened street is required for access to property, then the developer of the property for which access is required shall be responsible for opening and improving the unopened street. (14) Street name markers. Street name markers which shall be constructed to city specifications shall be installed at all street intersections. (15) Major thoroughfare plan. When the major thoroughfare plan of the community shows proposed arterial streets and collector streets within a proposed subdivision, subdivider shall design the street system within such subdivision to conform with the location and arrangement of such arterial streets and collector streets. (16) Sidewalks. Sidewalks may be installed on all major arterials for single and multi - family residential, and on major and secondary arterials for commercial. (E) Street Design and construction specifications. Except as hereinafter provided, all streets established in any subdivision shall be designed and constructed in accordance with the following specifications: - 94 List of Specifications Type of Streets Arteri al Street s Colle ctor Stree is Minor is Margina 1 Street Streetreet t Priv ate Driv es (1) Minimum right -of -way 60ft 60ft 60ft 40ft 20ft (2) Curb and gutter requir ed requi red optio nal require d opti onal (3) Width of shoulders (ditches) 8ft. 8ft 8ft 8ft opti onal (4tter)ack slope (curb and 8ft. 8ft. 8ft. 8ft. onal pts (5a) Maximum slope of shoulders or back slope. One inch (1 ") for every one foot (1') opti onal (5b) Minimum slope of shoulders or back slope. one half an inch (i ") per one foot (1') opti onal (6) Pavement width 30' 30' 26' 20' opti onal PLANNING COMMISSION 11 -010 (7) Per cent base course or subbase compaction, modified proctor ** 100 %* 95 %* 95 %* 955h* opti onal (8) Type of paving Asphalt or concrete installed to city specifications. opti onal (9) Distance between reverse curves. 100' 100' 100' 100' opti onal (10) Minimum street center line elevation. 7.5' 7.5' 7.5' 7.5' • opti onal * Field density check tests shall be taken at the rate of one (1) ** Proctor tests shall be made from representative soil sands taken (11) Drainage. Developer's engineer shall certify that the subdivision will drain adequately. Additional right -of -way for roadside ditches may be required when needed. In addition, all subdivisions and all expansions of old subdivisions shall be provided with drainage structures sufficient to accommodate a ten -year storm with immediate runoff; with outfall drainage and structures sufficient to accommodate a fifty -year storm flood. (12) Storm Drainage Structures . No storm drainage system shall be allowed to discharge on the beach. Drainage structures which are deemed necessary along the beach front shall be designed and constructed so that drainage will flow away from the area and connect to the city storm system as approved by the City council. (13) Sidewalks. All sidewalks are to be made of Portland Cement Concrete and meet or exceed the following lengths: a. Single - family. 4ft. 4in. (not required on minor or private streets) b . Multi-family. 6ft . 4in . c. Commercial. 8 ft. 4 in (F) Lots All lots which shall hereafter be established within a subdivision shall comply with the following design standards: (1) Street access . Each lot shall abut on a public street or a private street which shall be dedicated as a public street that conforms to the design requirements of this Article. However, a single family lot which does not abut a public street may be served by a perpetual privately maintained drive. (2) Lot lines . Side lot lines shall be as nearly as practical at right angles to straight street lines and radial to curved street lines. (3) Corner lots . Corner lots for residential use shall be provided with sufficient width and depth to permit the establishment of front yard building setback lines from both streets . (4) Double frontage lots . Double frontage lots shall only be permitted where it shall be found necessary to separate a development from major arterials or to overcome specific disadvantages of topography and orientation. (5) Residential lots in floodplain Residential subdivision lots shall be prohibited within floodplain areas where the cost of providing governmental services in the area would pose an unreasonable economic - 95 1 1 1 1 11 -010 PLANNING COMMISSION burden. (6) Width and area requirements . Lots hereafter established within subdivisions shall conform to the lot area as set forth in the general provisions for each zoning district and the lot width shall be a minimum of 60 feet at the building line. (G) Blocks All blocks hereafter established within a subdivision shall conform to the following design standards . In order that there may be convenient access between various parts of a subdivision and between the subdivision and surrounding areas and in order to help prevent traffic congestion and traffic hazards, the length of blocks hereafter established shall not exceed one thousand eight hundred (1,800) feet. (H) Easement The following kinds of easements shall be required within subdivisions: (1) Utility easements. Public utility easements shall be provided where necessary. Such easements shall be not less than fifteen (15) feet in width and shall be centered on side or rear property lines when possible. The location, elevation and construction of all public utilities and facilities, such as sewer, gas, electrical and water systems and streets, shall be in such a manner as to minimize or eliminate damage by flooding. (2) Drainage. Where a subdivision is traversed by a watercourse, drainage way, channel. or stream, there shall be provided a storm water easement or drainage right -of -way which shall conform substantially with the lines of such watercourse, drainage way, channel, or stream or shall be of such additional width or construction, or both, as will be adequate for the purpose. (3) Maintenance easement. Where a drainage canal is such size that it requires mechanical means for cleaning, such as a dragline, there shall be a twelve -foot access easement on either side of such canal for access purposes. (I) Water supply and sanitary sewage. Water and sewage facilities shall conform to the following requirements: (1) Public water and public sewer . When feasible every portion of a subdivision shall be served by public water; when feasible, as determined by the mayor and council, every portion of a subdivision shall be served by a sanitary sewer system. All such systems shall be designed to preclude infiltration of floodwater into the system and discharges from the system into floodwater. (2) Private water and private sewerage . Where either public water or public sewers or both are not available to a subdivision as determined by the mayor and council and a subdivider shall decide to establish a private water supply system and a private sewer system, then the plans and specifications for such private water system and sewer shall be so located as to avoid impairment of them, or contamination from them, during times of flooding. (3) Publicly owned water and sewer systems . Water and sewer systems must be constructed in accordance with Chatham County health department specifications; sewer systems must connect to an existing publicly owned treatment plant, where practical, and both water and sewer systems and trunk lines shall be conveyed to the city. (J) Preservation of noteworthy features. (1) In all subdivisions, to the maximum degree reasonably practicable, efforts shall be made to preserve historic sites, scenic points, large trees and other desirable natural growths, watercourses and other water areas, and other features worthy of preservation, either as portions of public sites and open spaces, or in such other forms as to provide amenity to the neighborhood. (2) Large trees or other desirable natural growths located in public or - 96 PLANNING COMMISSION 11 -010 private street rights -of -way or public or private easements shall not be removed unless such removal is necessary for the installation of utilities or drainage structures or for other purposes in the public interest and approved by the mayor and council. (3) Such removal may be prohibited if the amenity of adjacent property or the amenity of the general neighborhood is adversely affected. - 97 1 1 1 1 1 1 11 -010 PLANNING COMMISSION Article 11 PLANNING COMMISSION 11 -010 CREATION AND PURPOSES 11 -020 NAME 11 -030 MEMBERSHIP 11 -040 TERMS OF OFFICE 11 -050 FILLING VACANCIES 11 -060 REMOVAL OF MEMBERS 11 -070 COMPENSATION 11 -080 CHAIRMAN AND VICE CHAIRMAN 11 -090 SECRETARY 11 -100 MEETINGS 11 -110 DUTIES 11 -010 CREATION AND PURPOSES There is created a planning commission for the purpose of promoting the health, safety, morals, convenience, order, prosperity and general welfare, and to provide for the orderly development of the city. 11 -020 NAME The name of the planning commission shall be "The Tybee Island Municipal Planning Commission" herein referred to as the "Planning Commission". 11 -030 MEMBERSHIP The planning commission shall consist of nine (9) members who shall be residents within the city limits of Tybee Island appointed by the governing body, with a chairman voting only in the event of a tie. 11 -040 TERMS OF OFFICE Members of the Planning Commission shall be appointed by the Mayor and Council for two (2) year staggered terms of office. 11 -050 FILLING VACANCIES A vacancy in the membership of the planning commission shall be filled in the same manner as an original appointment. 11 -060 REMOVAL OF MEMBERS The Mayor and Council may remove any member of the planning commission for cause after written notice at any regularly scheduled city council meeting. 11 -070 COMPENSATION Compensation, if any, to any member of the planning commission shall be determined by the Mayor and Council. 11 -080 CHAIRMAN AND VICE CHAIRMAN The planning commission shall elect one of its appointed members to serve as chairman, and another as vice chairman. They shall serve for a period of one (1) year, or until successors are elected. - 98 PLANNING COMMISSION 11 -090 11 -090 SECRETARY The secretary to the Planning Commission shall be the Zoning Administrator. In his or her absence, the Planning Commission may appoint an employee of the city or a member of the planning commission. 11 -100 MEETINGS (A) The planning commission shall meet in a regular session each month; the time and place of the meeting to be set by the planning commission. Special meetings may be held as deemed necessary by the chairman or a majority of the members or at the request of the Mayor or Council. (B) The planning commission shall adopt rules for the transaction of business and shall keep a record of its determinations which shall be a public record. 11 -110 DUTIES The planning commission shall perform all of the following duties: (A) Duties and responsibilities assigned by the Mayor and Council. (B) Make formal recommendations to the City Council on all petitions for variances from the City's technical codes. (C) Make formal recommendations to the City Council on all petitions for zoning map amendments, subdivisions, and /or amendments to the text of the ordinance, specifically including special assignments requested by the governing body, the City Code Enforcement Department, or the Chatham County Engineer. (D) Land Use Planning. The planning commission shall make careful surveys and studies periodically in order to update the city's Master Plan. Consideration shall be given to existing conditions, probable future development, and the promotion of public health, safety, prosperity, economics development, efficiency and the general welfare as evidenced by the quality of life in the community. - 99 1 1 1