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
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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
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1
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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
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1
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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
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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.
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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.
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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
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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,
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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
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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.
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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
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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:
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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.
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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
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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.
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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
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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:
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GENERAL PROVISIONS
3 -080
Off Street Parking Dimensions
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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
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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'
•
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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'
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3 -090 GENERAL PROVISIONS
(B) Schedule of Commercial minimum yard requirements.
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Schedule of Commercial minimum
yard recruiremeri is
GENERAL PROVISIONS 3 -090
Zone
Front Yard
Rear Yard*
Side Yard
Structur e
Height
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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'
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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)
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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
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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.
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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
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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.
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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
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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
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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
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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:
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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.
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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
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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
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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,
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(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.
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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
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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
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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
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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.
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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
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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.
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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"
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5 -160 PROCEDURES FOR ADBIIINISTRATION AND ENFORCEMENT
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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 .
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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)
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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.
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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
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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;
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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9 -050 BUILDING REGULATIONS
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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.
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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
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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
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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:
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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
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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
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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.
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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.
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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.
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