HomeMy Public PortalAbout20000211SCMeeting1
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@ @ITEM 2000 -02 -11
Mayor Walter W. Parker called the February 11, 2000 Special Council Meeting to
order at 7:00 P.M. with the following member of Council present: Shirley Sessions,
Mallory Pearce, Pamela O'Brien, and Anne Monaghan. Councilmembers Burke and
Youmans were not present.
Motion to approve on second reading section 1 -050 Severability and Conflict by
Mallory Pearce, seconded by Anne Monaghan. Vote was unanimous.
Motion to approve on second reading section 2 -010 Definitions to include the
Wetland Map as presented by Mallory Pearce seconded by Anne Monaghan. Vote was
unanimous. The Wetland map as defined is included as a part of these minutes.
Motion to approve on second reading section 3 -080 Offstreet Parking
Requirements by Mallory Pearce seconded by Anne Monaghan. Vote was unanimous.
Motion to approve on second reading section 3 -160 Protective Screening of
Adjacent Residential Property by Mallory Pearce seconded by Anne Monaghan. Vote
was unanimous.
Motion to approve on second reading section 3 -165 Greenspace by Mallory
Pearce seconded by Pam O'Brien. Vote was unanimous.
Motion to approve on second reading section 3 -240 Wetlands Protection by
Mallory Pearce seconded by Pam O'Brien. Vote was unanimous.
Motion to approve on second reading section 3 -090 Schedule of Development
Regulations, the 4 asterisks only by Pam O'Brien, seconded by Mallory Pearce. Vote was
unanimous.
Motion to approve on second reading Section 4 -010 List of Districts by Mallory
Pearce, seconded by Shirley Sessions. Vote was unanimous.
There being no further business, meeting was adjourned.
Clerk of Council
Mayor Walter W. Parker
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1 -050 Severability and conflict
ORDINANCE NO. r XJO - lP
It is hereby ordained by the governing authority of the City of Tybee Island, in open
meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Developement
Code, Article 1 , Section(s) 050, be amended to read as follows:
Section 1. Section 1 -050 is hereby amended to read as follows
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.
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Land Development
Code of Ordinance of the City of Tybee Island, Georgia.
Mayor Walter W. Parker
, Clerk of Council
st Reading: - BO ®�,0C-o
2nd Reading: ai = l 1 - o&C50(2)
Enacted: - 1 1 " on
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2 -010 TERMS and DEFINITIONS
ORDINANCE NO. a co C 7
It is hereby ordained by the governing authority of the City of Tybee Island, in open
meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Developement
Code, Article 2 , Section(s) 010 be amended to read as follows:
Section 1. Section 2 -010 is hereby amended to read as follows
2 -010 TERMS and DEFINITIONS
(A) Terms. Generally, words used in the present tense include the future; the singular number
includes the plural, and the plural the singular; the term "used" includes the words "arranged,
designed or intended to be "used "; the term "occupied" includes the words "arranged, designed
or intended to be occupied "; the word "structure" includes the word "building ", "dwelling" or
"unit "; the word "lot" includes the word "plot ", "parcel" or "tract ".
(B)Defmitions. Specific definitions include the following:
Accessory building: A building subordinate to the main building on the same lot and
used for purposes customarily incidental to the use of the main building.
Addition (to an existing building): Any walled and roofed expansion to the perimeter
of a building to which the addition is connected by a common loadbearing wall other
than a fire wall. Any walled and roofed addition which is connected by a fire wall or is
separated by independent perimeter load - bearing walls is new construction.
Air rights, public: The ownership or control of that space at or above a horizontal
plane over the ground surface of public land, or that which is used by law, easement, or
right -of -way used for public purposes. The horizontal plane shall be at a height that is
reasonably necessary or legally required for the zoned or intended use of the ground
surface.
Alley: Any public way accepted for public use and 20 feet or less in width providing
secondary access to abutting property.
Amusement Park: A commercially operated park with booths for the sale of food and
drink and various devices for entertainment. Such devices include but are not limited to
waterslides, ferris wheels, merry-go- rounds, and roller coasters.
Appeal: A request for a review of the Code Enforcement Official's interpretation of any
provision of Title Eight.
Apartment Building: A building designed for or occupied by three (3) or more
families with separate housekeeping facilities for each family. Such building shall
include: apartment houses, apartments and flats, efficiency apartments, and studio
apartments, but, not including boarding homes, hotels, or motels.
Aquaculture Project: The commercial cultivation of aquatic life, such as shellfish,
fish, and seaweed.(ORD. 1995 - 17;12/7/95)
Area of shallow flooding: A designated "AE" or "VE" Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
Area of special flood hazard: The land in the floodplain within a community is subject
to a one per cent chance of flooding in any given year.
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2 -010 TERMS and DEFINITIONS
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.
Average adjacent grade: The average natural elevation of the ground surface, prior to
construction, next to the proposed walls of the structure.
Base flood: The flood having a one per cent chance of being equaled or exceeded in
any given year.
Base Flood Elevation: A point of vertical elevation where it is estimated there is a
significant probability of flooding from any source within a One hundred (100) year
time frame. Such vertical distances are 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.
Base flood level: See Base Flood Elevation.
Basement: An enclosure with floor level below natural grade on all sides.
Beach: Area of loose sediments, including dunes, as defined by the Georgia Shore
Assistance Act of 1979 as amended.
Bed and Breakfast: residential: A dwelling unitwhere overnight accommodations and
a morning meal are provided to transients for compensation.
Bed and Breakfast: commercial: Bed and Breakfast establishments are subject to an
approved commercial use site development plan. For more information see 3 -060, Bed
and Breakfast Establishments.
Boatel:A combination of a motel and marina that is accessible to boats as well as
automobiles and may include boat sales and servicing facilities, overnight
accommodations for transients, and eating and drinking facilities.(ORD. 1995-
17;12/7/95)
Breakaway wall: Any type of wall that is not part of the structural support of the
building and which is so designed as to break away, under abnormally high tides or
wave action, without damage to the structural integrity of the building on which it is
used.
Buffer: Open spaces, landscaped areas, fences, 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.
Building: See "structure."
Building permit: The permit for any type of construction required by the Tybee Island
Code of Ordinances.
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.
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.
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 -2" 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
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2 -010 TERMS and DEF1NTTIONS
separate primary structure, eligible for a minor subdivision if either resulting lot created
will be substandard in size.
Carport: A roofed structure providing space for the parking of motor vehicles.
Certificate of Occupancy: A certificate issued by the zoning administrator stating that
the occupancy and use of land, building or structure referred to therein complies with
the provisions of this chapter.
Church or Place of Religious Worship: An institution that people regularly attend to
participate or hold religious services, meetings, and other related activities.
Clinic: A building in which medical services for outpatients only are provided.
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."
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.
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)
Condominium: A building containing three (3) or more individually owned, attached,
dwelling units and related, jointly- owned, common areas.
Deck: A raised, flat, and floored roofless platform adjoining a dwelling or structure. A
deck is not considered to be part of the structure for living area measurement purposes;
however, is required to meet all front, side, and rear yard setbacks. Flooring for a deck
is generally made of wood materials set upon piers.
Developer: Any person, firm, trust, partnership, association or corporation engaged in
development or proposed development of land.
Development: Any man-made changes to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
District, zoning: A mapped area for which a uniform set of land development
regulations apply.
Diameter, Breast Height (DBH): The diameter of a tree trunk or trunks, measured in
inches at four and one -half feet above existing grade.
Drive -In Restaurant: Any place or premises where provisions are made for selling,
dispensing, or serving of food, refreshments, or beverages to customers in automobiles
or in other than a completely enclosed building.
Drive -In Window: A portion of any building or structure from which business is
transacted, or is capable of being transacted, directly with customers located in a motor
vehicle during such business transaction. Drive -In windows shall have at a minimum
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2 -010 TERMS and DEFINITIONS
150 feet of approach distance on the property in which vehicles may que prior to
reaching the window.
Dune: Mound or ridge of loose sediments, deposited by any natural or artificial
mechanism and lying landward of the beach.
Dwelling: Any building or structure or part thereof primarily used and occupied for
human habitation or intended to be so used. The following further defines the different
varieties of dwelling distinctions:
a. Dwelling, Single Family: A detached building designed exclusively for occupancy
by one (1) family.
b. Dwelling, Two Family or Duplex: A building either designed, constructed, altered,
or used for two adjoining dwelling units that are connected by a fire wall or, if
the units are positioned vertically, by a type one floor and ceiling construction
where the units are joined. A "detached" two family or duplex consist of
dwelling units that are joined by structure other than a fire wall or floor and
ceiling.
c. Dwelling, Multi- Family: A building either designed, constructed, altered, or used
for more than two adjoining dwelling units, with each dwelling unit having a
party wall or party floor where it joins at least one other dwelling unit in the
building. This includes but is not limited to apartments, condominiums,
townhouses, or any type of multi - family structure.
Dwelling Unit: One or more rooms in a dwelling, apartment, boarding house, hotel or
motel, designed primarily for occupancy by one family for living, eating, and sleeping
purposes.
Easement: A grant of one or more property rights by the property owner to and/or for
the use by the public, a corporation, or another person or entity.
Existing mobile home parks or subdivision: A parcel of land divided into two (2) or
more mobile home lots for rent or sale for which facilities were completed prior to
adoption of this chapter or prior to inclusion of property within city limits.
Expansion of an existing mobile home park or mobile home subdivision:
preparation of additional sites by grading, installing utilities, pads, or streets, or
otherwise adding service facilities.
Family: One or more persons occupying a dwelling unit, living as a single, nonprofit
housekeeping unit; provided that a group of four or more persons who are not within the
second degree of kinship shall not be deemed to constitute a family.
Flood or flooding: A general and temporary condition of a partial or complete
inundation of normally dry land areas from:
a. The overflow of inland of tidal waters, or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): An official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
Flood Insurance Study: The official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
Flood light: Unshielded reflector type light fixtures attached directly to a building or
post.
Floodway: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot.
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2 -010 TERMS and DEFINITIONS
Floor: The top surface of an enclosed area in a building (including basement), e.g., top
of slab in concrete construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for parking vehicles.
Garage, public: A garage operated as a business devoted primarily to the repair,
storage, maintenance, service or sales of motor vehicles, or any combination thereof.
Guest Cottage: Living quarters within a detached accessory building located on the
same lot or parcel of land as the primary structure, used exclusively for housing
members of the family occupying the main building and their non - paying guests. Such
quarters shall not be rented or otherwise used as a separate dwelling. By no means shall
such a use be considered a separate primary structure and eligible for a minor
subdivision if either resulting lot created will be substandard in size.
Height of Building: The vertical distance measured from the average adjacent grade of
the building to the extreme high point of the building, exclusive of chimneys, heating
units, ventilation ducts, air conditioning units, elevators and similar appurtances.
Height Variance: A variance granted to exceed the maximum height limitations for
allowed uses in a zoning district.
Home Business Office: An office use that is conducted entirely within the dwelling
which is carried on by the occupant thereof and no other individual, and which is
clearly incidental and secondary to the use of the dwelling for residential dwelling
purposes.
Home Occupation: An occupation customarily carried on within a home for gain or
support, involving the sale of only those articles, products or services produced on the
premises, conducted entirely within a dwelling unit and conducted entirely by persons
residing in that dwelling unit, using only that equipment as is customarily found in a
home and involving no display of articles or products.
Hotel: A building or other structure kept, used, maintained, advertised as or held out to
the public to be a place where sleeping accommodations are supplied for pay to
transient or permanent guests or tenants.
Hospital: Any place or institution which maintains and operates facilities for the care,
custody and/or treatment of two (2) or more non - related persons as patients suffering
mental or physical ailments, and which shall be eligible for a license as a hospital under
state regulations, but shall not be construed to include any dispensary or first -aid
treatment facilities maintained by any commercial or industrial plant, educational
institution or convent, nor to include any nursing care home as herein defined.
Hospital or Clinic, special: A hospital which treats communicable diseases, insane or
feebleminded patients, epileptics, drug addicts or alcoholic patients.
Junkyard: A junkyard is an open area where waste or scrap materials are bought, sold,
exchanged, stored, baled, packaged, disassembled or handled, including but not limited
to scrap iron and other metals, papers, rags, rubber tires and bottles. A junkyard
includes an auto wrecking yard but does not include uses established entirely within
enclosed buildings.
Light Business: A retail or service establishment that operates a low impact business
and has fewer than five (5) employees working at any given time.
Loading Space: A space within the main building or on the same lot providing for the
standing, loading, or unloading of trucks, and having a minimum dimension of twelve
(12) feet by fifty (50) feet and minimum vertical clearance of fourteen (14) feet.
Lot: A parcel of land which is or may be occupied by a building and its accessories,
including the open spaces required by this chapter.
a. Corner Lot: A lot abutting upon two (2) or more streets at their intersection.
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2 -010 TERMS and DEFINITIONS
b. Interior Lot: A lot, the side lines of which do not abut on a street.
c. Through Lot: An interior lot having frontage on two (2) or more streets.
d. Flag Lot: A lot with access provided to the bulk of the lot by means of a narrow
corridor.
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Lot width: The distance between the property lines measured at building line.
Lot of Record: A lot that exists as shown or described on a plat or deed in the records
of the Chatham County Clerk of Court' s Office.
Lounge: A commercial establishment dispensing alcoholic beverages for consumption
on the premises and where dancing and entertainment is permitted.
Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable non - elevation design requirements of this ordinance.
Low Profile Luminary: Light fixture set on a base which raises the light no higher
than 60 inches off the ground and designed so that the light is directed downward from
a hooded light source.
Major Subdivision: Any subdivision comprising four (4) lots or more, or any
subdivision involving a new street or change in an existing street.
Manufactured Housing: A factory- built, single family structure that is manufactured
under the authority of 42 U.S.C. Sec. 5401, the National Manufactured Home
Construction and Safety Standards Act, is transportable in one or more sections, is built
on a permanent chassis, and is designed to be used as a place of human habitation with
or without a permanent foundation when connected to the required utilities. It is not
constructed with a permanent hitch or other device allowing transportation of the unit
other than for the purpose of delivery to a permanent site, and which does not have
wheels or axles permanently attached to its body or frame.
Manufactured Housing Park: A parcel of land which is used or intended to be used
for the rental or lease of spaces, stands, or manufactured houses and the provision of
services for two (2) or more manufactured houses.
Manufactured Housing Space, Stand: A plot of ground within a manufactured
housing park designed for the accommodation of one manufactured house for rent or
lease and not to be bought or sold individually.
Marina: A commercial establishment with a waterfront location used for the purpose of
storing watercraft and pleasure boats on land, in buildings, in slips, or on boat lifts and
including accessory facilities for purposes such as re- fueling, minor repair, and
launching.
Marine facility: A facility which cannot be used for its intended purpose unless it is
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2 -010 TERMS and DEFINITIONS
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.
Marquee: A roof -like structure suspended over an entrance to a structure.
Mean Sea Level (MSL): The average height of the sea for all stages of the tide. It is
used as a reference for establishing various elevations within the flood plain. For
purposes of this ordinance, the term is synonymous with National Geodetic Vertical
Datum (NGVD).
Mezzanine: An intermediate story that projects in the form of a balcony covered and
attached to the dwelling or structure. This is considered to be part of the structure for
measurement purposes.
Minor subdivision: Any subdivision comprising three (3) lots or less, and not
involving a new street or change in an existing street.
Mixed Occupancy: Occupancy of a structure or land for more than one (1) principal
use.
Mobile Home: A transportable factory-built home, designed to be used as a year -round
residential dwelling and built prior to the enactment of the Federal Manufactured
Housing Construction and Safety Standards Act of 1974, which became effective June
15, 1976. Mobile Homes are not permitted uses in any district.
Modular Home: A factory fabricated transportable building consisting of units
designed to be incorporated at a building site on a permanent foundation into a
permanent structure to be used for residential purposes and which bears a seal of
compliance with regulations of the Southern Building Code Congress International.
Natural or Artificial Barrier: Any river, pond, canal, roadway, railroad levee,
embankment, hedge, fence, tree row or similar obstruction which limits access and/or
visibility.
Nesting season: May 1 through October 31 of each year.
New construction: Structures for which the "start of construction" commenced on or
after the effective date of this ordinance.
Nursing Home: A home for aged or ill persons in which three (3) or more persons not
of the immediate family are provided with food, shelter, and care for compensation, but
not including hospitals, clinics, or similar institutions devoted primarily to diagnosis
and treatment.
Non - Conforming Use: Any building structure or use of land or building lawfully
existing at the effective date of this Ordinance, which does not conform with the
provisions of this ordinance or amendments thereto.
Parking Garage: A building designed and used for the storage of automotive vehicles
operated as a business enterprise with a service charge or fee being paid to the owner or
operator for the parking or storage of privately owned vehicles.
Parking Lot: An area or plot of land used for the storage or parking of vehicles,
including all necessary additional space needed for vehicular access maneuvering
thereto or therefrom.
Parking space: A space not less than nine (9) by eighteen (18) feet for one (1) vehicle
plus all necessary additional space needed for vehicular access thereto.
Package Shop: An establishment that sells alcoholic beverages only in sealed
containers whose contents may not lawfully be consumed on the premises.
Patio: An uncovered roofless area used for the purposes of outdoor activity. The patio
is not considered to be part of the structure for measurement purposes.
Personal Care Home: A building or group of buildings, a facility or place in which is
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2 -010 TERMS and DEFINITIONS
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, non -
institutional in character, which offers care to two (2) through Six (6) persons.
b. Group Personal Care Home: a home for adult persons in a residence or other type
building(s), non - institutional in character, which offers care to seven (7)
through fifteen (15) persons.
c. Congregate Personal Care Home: a home for adults which offers care to sixteen
(16) or more persons.
Planned Unit Development (PUD): Any single family planned unit development on
one (1) acre or more, which in design and construction complements the cultural and
historical values of the surrounding area.
Planning Commission: A nine (9) member body appointed by the Mayor and Council
to evaluate proposed land use changes and administer land development controls in the
City of Tybee Island.
Pole lighting: Light fixtures set on a base or pole which raises the source of light higher
than 60 inches off the ground.
Point source of light: The actual light source, such as the bulb, fluorescent tube, lamp,
etc., from which light emanates.
Porch: A roofed, open structure projecting from the front, side, or rear wall of a
building.
Principal Use: The primary use of a zoned lot.
Privacy Fence: Wood, metal, or masonry structure not less than six (6) feet and not
greater than eight (8) feet in height from average adjacent grade. (Ord. 1995 -15;
11/9/95)
Public Hearing: An open public meeting for which interested parties may discuss a
specific issue in an orderly manner before a public body.
Public Notice: A means of informing the general public of a particular event in a fair
and timely manner. Official rules of public notice vary depending on the type of event.
See Article 5 for specific public notice requirements as they pertain to land use
regulation addressed in this ordinance.
Public Utility: Any person, firm, corporation, municipal department, board or
commission duly authorized to furnish and furnishing under federal, state, or municipal
regulations to the public: natural gas, steam, electricity or other energy sources, water,
sewage collection and disposal, and communication, including cable television.
Recreation Vehicle Park (RV Park): See campground.
Recombination of Lots: rearrangement of lot boundaries from those already
established.
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Rezoning: The change in zoning classification of any parcel or parcels of land from one
zoning district to another.
Restaurant: An establishment, however designated, at which food is sold for
consumption on the premises. However, a snack bar or refreshment stand at a public
facility or non - profit community swimming pool, playground, park, or marina operated
solely for the convenience of patrons of the facility shall not be deemed a restaurant.
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2 -010 TERMS and DEFINITIONS
Right -of -Way: A strip of land acquired by reservation, dedication, forced dedication,
prescription, or condemnation and intended to be occupied by a road, crosswalk,
railroad, electric transmission line, water line, sanitary sewer, storm sewer, and other
similar uses.
Roof Pitch: The geometric angle from the lowest point of the roof to the highest point
of the roof on any structure.
School: A facility that provides a curriculum of academic instruction, such as
kindergartens, elementary schools, middle schools, junior high schools, and high
schools.
Septic Tank: A water tight receptacle that receives a discharge of sewage from a
building, sewer, or part thereof and is designed and constructed so as to permit settling
of solids from this liquid, digestion of the organic matter, and discharge of the liquid
portion into a disposal area.
Service Station: A building or lot where gasoline, oil, and greases are supplied and
dispensed to the motor vehicle trade, and/or where battery, tire and other similar sales
and services are rendered.
Setback: The minimum horizontal distance between the front, rear, or side lot lines and
the existing or proposed edges of the structure. The term "required setback" means a
line beyond which a building is not permitted to extend under provisions set forth in this
ordinance establishing minimum depth and widths of yards. Eaves not exceeding
twenty -four (24)inches are exempt from setback requirements. Eaves in excess of
twenty -four (24)inches are not exempt from setback requirements to the extent they
succeed twenty -four (24)inches.(ORD. 1996-09;6/13/96)
Sewer, public: A system that is owned, maintained and operated by the city, and
approved by the Georgia Department of Natural Resources, Environmental Protection
Division.
Sign: Any area or surface on which lettering or pictorial material is displayed for the
purpose of directing attention to a profession, business commodity, service or
entertainment message. Different varieties of signage are defined as follows:
a. Advertising bench: A sign painted, located on, or attached to any part of a bench,
seat, or chair placed on or adjacent to a public place or roadway. (ORD.1996-
28;11/14/96)
a.1 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.
e. Canopy Sign: A message painted on or applied to a canopy, awning, or other roof -
like structure.
f. Commercial Message: Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business, product,
service, sale or sales event or other commercial activity.
g. Directional Sign: A sign which directs the reader to the location of public or
educational institutions, or to the location of historical structures or areas, or to
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2 -010 TERMS and DEFINITIONS
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.
n. Identification or Information Sign: Signs of an informational nature bearing no
advertising.
o. Illuminated Sign: A sign illuminated directly or indirectly by gas, electricity, or
other artificial light including reflective or fluorescent light.
p. Incidental Sign: A sign, generally informational, that has a purpose secondary to the
use of the lot on which it is located, such as "no parking, " "entrance, "
"telephone, " and other similar directives.
q. Memorial Sign: A sign or plaque erected in commemoration of a person, place or
event.
r. Non - Conforming Sign: A sign existing at the effective date of the adoption of this
Ordinance which could not be built under the terms of this ordinance.
s. Off - Premise Sign: A sign which directs attention to a business, commodity, service,
entertainment or attraction sold, offered, or existing elsewhere than upon the
same lot where such sign is displayed. The term off - premise sign shall include
an outdoor advertising sign (billboard) on which space is leased or rented by the
owner thereof to others for the purpose of convening a commercial or
noncommercial message.
t. Portable Sign: Any sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including, but not limited to,
signs designed to be transported by means of wheels. Signs converted to A- or
T- frames; menu and sandwich board signs; balloons used as a sign; umbrellas
used for advertising; and signs attached to or painted on vehicles parked and
visible from the public right -of -way, unless said vehicle is used in the normal
day -to -day operations of the business.
u. Projecting Sign: Any sign that shall be affixed at an angle or perpendicularly to the
wall of any building in such a manner to read perpendicularly or at an angle to
the wall on which it is mounted.
v. Roof Sign: Any sign erected and constructed wholly on and over the roof of a
building, supported by the roof structure.
w. Temporary Sign: A non - permanent sign erected, affixed, or maintained on the
premises for a short, usually fixed period of time.
x. Wall Sign: A single faced sign which is in any manner attached or fixed flat to an
exterior wall of a building or structure. Individual letters in addition to the "box
type" (e.g.; letters and symbols on an attached backing) sign may also be
installed as a wall sign.
y. Window Sign: Any sign, pictures, symbol, or combination thereof, designed to
communicate information that is placed inside a window or upon the window.
Significant trees: Trees having a DBH of ten (10) inches or greater of the following
Page 10 of 13
1
1
2 -010 TERMS and DEFINITIONS
variety: Southern Redcedar , Juniperus silicola, or Hardwoods native to Georgia coast.
Hardwoods: Dicotyledon plants with woody stem including (but not limited to) Oaks
(Quercus), Magnolia grandiflora, Hickories, (Carya) Sugarberry or Hackberry, (Celtis
laeirgata), Red Bay (Persea borbonia), Spiney Ash or Toothache (Xanoxylum clava-
herculis), Sycamore (Platanus occidentalis), Tupelo (Nyssa), Sweetgum (Liquidamber
styraciflora, American Holly (Ilex opaca). ORD. 1996- 14;7/11/96)
Site Plan: A sketch, prepared to scale, accurately and with complete dimensioning to
include: the boundaries of a site and the location of all buildings, structures, uses,
significant trees, and proposed site development construction for a specific parcel of
land. See Article 5, sections 5- 080(A) & (C) for specific requirements for site plans.
Site Variance: A variance granted to vary from regulations and restrictions for allowed
uses in Zoning Districts, such as setbacks, minimum lot sizes, etc.
Special Review Permit: A permit issued by the Mayor and Council, after Planning
Commission review and an advertised Public Hearing. Approval shall confirm that the
proposed use meets all criteria set forth in Section 5 -070 of this Land Development
Code.
Start of Construction: Beginning of work under a permit.
Street: A public way which provides a principal means of access to abutting property.
Streets are divided into two (2) classifications as follows:
a. Arterial streets: Those streets which are designated as arterials on the major
thoroughfare plan and which are used or intended primarily for fast or heavy
traffic.
b. Collector streets: Those streets which carry traffic from minor streets to the major
system of arterial streets and highways, including the principle entrance streets
of a residential development and streets for circulation within such a
development.
c. Street, Lane: Minor ways which are used primarily for vehicular service access to
the back or the side of properties otherwise abutting on a street.
d. Marginal access street: Those minor streets which are parallel to and adjacent to
arterial streets and highways; and which provide 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.
Structure: anything constructed or erected, the use of which requires permanent
location on the land, or attachment to something having a permanent location on the
land, and not including mobile homes.
Structural Alterations: Any change, except for repair or replacement of the supporting
members of a building, such as bearing walls, columns, beams or girders.
Subdivision: All divisions of a tract or parcel of land into two (2) or more lots, building
sites, or other divisions for the purpose of immediate or future sale, legacy, or building
Page 11 of 13
1
2 -010 TERMS and DEFINITIONS
development. All divisions of land involving a new street or a change in existing streets.
The term includes the re- subdivision of land and when appropriate to the context relates
to the process of subdivision or to the land subdivided.
Substantial improvement: Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty percent (50 %) of the Chatham County Tax
Assessor's appraisal or certified appraisal of fair market value of the structure either (1)
before the improvement or repair is started, or (2) if the structure has been damaged and
is being restored, before the damage occurred.
Survey map or plat, (land): A map, prepared to scale, of a particular piece of real
estate signed and stamped by a Registered Land Surveyor Certified by the State of
Georgia. Such map or plat must also meet all other requirements of 15- 060 -0607
O.C.G.A. to be considered an official survey.
Tree: Any woody plant which has a diameter at breast height (DBH) of six (6) inches
or more.
Tree Removal: Any intentional or negligent act which:
a. Cuts down or otherwise physically destroys a tree,
b. Will cause a tree to decline and die, including but not limited to:
1. Causing damage to the root system by application of toxic substances,
operation of machinery, change in natural grade by excavation or filling
above the root system or around the trunk;
2. Causing damage from injury or fire resulting in pest infestation:
3. Causing damage from extensive pruning or trimming.
4. Undeveloped Parcel/Vacant Lot: A parcel or lot on which there is no
permanent structure or part thereof designed for human habitation,
occupation, or use.
Townhouses: A residential structure containing three or more attached single family
units designed as a single structure having common or party walls. Each unit shall have
its own front door which opens to the outdoors, but, without access between adjoining
units.
Travel Trailer: Any vehicle or similar portable structure mounted on wheels, designed
and intended primarily for short-term (under two (2) weeks) occupancy for dwelling or
sleeping or other purposes, and not exceeding 25 feet in length.
Use Variance: A variance granted for a use that is not permitted in that zoning district.
Used Car Lot: Any parcel of land used for storage, display and sales of used
automobiles and where no repair work is done except the necessary reconditioning of
the cars to be displayed and sold on the premises.
Variance: An authorization by the Mayor and Council granting permission to depart
from the literal enforcement of this chapter. See criteria for Variance Section 5 -090
Water, public: A system that is owned, maintained, and operated by the city, a
community corporation, or a privately owned system serving a community and
a . ' roved b the Chatham Coun health de • artment.
e f , vegetation
h._ ±h
Page 12 of 13
1
1
2 -010 TERMS and DEFINITIONS
Yard: An open, unoccupied space, other than a court, on the same lot with building,
open and unobstructed from the ground to the sky.
a. Front yard: A yard across the full width of the lot extending from the front line of
the lot. Through lots and corner lots must meet front yard requirements where
the lot abuts a street.
b. Rear yard: A yard across the full width of the lot, extending from the rear line of the
building to the rear line of the lot.
c. Side yard: A yard between the side line of the building and the adjacent side line of
the lot, extending from the front yard to rear yard. The side yard extends from
the front of the structure to the rear so long as the rear of the structure is at least
sixty (60) feet from the front lot line, otherwise, the side yard extends to the
point which is (60) feet from the front lot line.
Zoning Administrator: That person or persons appointed by mayor and council to
enforce the provisions of this chapter.
(1996- 15:8 -8- 96)(1999 -08; 4/22/99)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Land Development
Code of Ordinance of the City of Tybee Island, Georgia.
Mayor Walter W. Parker
own, Clerk of Council
st Reading: - 16 AQf)®
2nd Reading: _ (+ _ a_600
Enacted: - ■ k - a 6
Page 13 of 13
1
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1
3 -080 offstreet parking requirements
ORDINANCE NO. c‘AO'"0
It is hereby ordained by the governing authority of the City of Tybee Island, in open
meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Developement
Code, Article , Section(s) _, be _ to read as follows:
Section 1. Section 3 -080 is hereby amended to read as follows
3 -080 OFF- STREET PARKING REQUIREMENTS
(A) Residential Off -street vehicle parking requirements. Off-street parking facilities shall be
provided and maintained on site or within four hundred (400) feet of the site for all
buildings, structures or premises being used in whole or in part for residential purposes,
or for any other use permitted in residential districts.
(1) Residential dwelling units: For every dwelling unit there shall be provided at least
two (2) off -street parking spaces.
(2) Nursing homes, hospitals: One parking space for each five (5) patient beds plus one
space for each staff doctor, plus one space for each employee on the largest shift.
(3) Theaters, auditoriums, gymnasiums and other places of assembly: One parking
space for each four (4) seats provided in the main auditorium or for each fifty (50)
square feet of floor area available for the accommodation of movable seats in the
largest assembly room or area.
(4) Public and private elementary and secondary schools (except assembly halls,
auditoriums and gymnasium 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.
Page 1 of 3
3 -080 offstreet parking requirements
(3) Hotels, motels: One parking space for each room to be rented.
(4) Maritime District:
(1) Parking shall be in conformance with required dimensions of the C -1 Zoning
District.
(2) Handicapped parking shall be available and accessible.(ORD. 1995-17;12/7/95)
(D) Off-Street Parking Dimensions:
OFF STREET PARKING DIMNESIONS
STALL DEPTH AISLE WIDTH PARKING ANGLE TRAFFIC DIRECTION
9x18 feet 12 feet 30 degrees one -way
9x18 feet 13 feet 45 degrees one -way
9x18 feet 18 feet 60 degrees one -way
9x18 feet 24 feet 90 de :. ees two -wa
(E) Exemptions from Off -Street Parking Requirements.
1 . Existing structures with 2,000 square feet or less of floor area that exist in a C -010
zoning district may expand the floor area up to 4,000 square feet without having to
meet the off -street parking requirements as long as the structure is completely
located within 1000 feet of a municipal parking lot.
2. All churches or places of religious worship shall be exempt from all off
street parking requirements.
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Land Development
Code of Ordinance of the City of Tybee Island, Georgia.
ayor Walter W. Parker
R. rown, Clerk of Council
Page 2 of 3
1
1
3 -080 offstreet parking requirements
1 st Reading: �, —10 - 00 0
2nd Reading: - i l - a bC=O
Enacted: c. - 1 1 — -bG G
Page 3 of 3
3 -0160 protective screening of adjacent residentia
ORDINANCE NO. AMC)
It is hereby ordained by the governing authority of the City of Tybee Island, in open
meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Developement
Code, Article 3 , Section(s) 160 D, be amended to read as follows and section 160 E be
deleted in it's entirety and be created as Section 165 Greenspace
Section 1. Section 3 -160 is hereby amended to read as follows
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 (20) 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) foo «'
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.
In all zoning districts,
Page 1 of 2
3 -0160 protective screening of adjacent residentia
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Land Development
Code of Ordinance of the City of Tybee Island, Georgia.
Mayor Walter W. Parker
1
1
R$ J rown, Clerk of Council
1st Reading: - p - 0-60
2nd Reading: 02 - H
1
Enacted: l l - Q'(:3 C3
Page 2 of 2
1
1
3 -165 GREENSPACE
ORDINANCE NO.4 ®'�
It is hereby ordained by the governing authority of the City of Tybee Island, in open
meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Developement
Code, Article 3, Section(s) 165, be created to read as follows:
This paragraph was deleted from Section 3 -160 and created as its own section with no changes
Section 1. A new Section 3 -16 is hereby added to read as follows
3 -165 GREENSPACE
e Code
nc, ma
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Land Development
Code of Ordinance of the City of Tybee Island, Georgia.
God - 4
ayor Walter W. Parker
&5-1,0-1,1
Clerk of Council
st Reading: s, ° % 0 -
2nd Reading: - 1 1 ' acO
Page 1 of 2
1
1
1
Enacted: a_ 11 _ 0,000
3 -165 GREENSPACE
Page 2 of 2
1
1
3 -240 WETLANDS PROTECTION
ORDINANCE NO. i 1
It is hereby ordained by the governing authority of the City of Tybee Island, in open
meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Developement
Code, Article 3 , Section(s) 240 be created to read as follows:
Section 1. A new Section 3 -240 is hereby added to read as follows
3 -240 WETLANDS PROTECTION
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Land Development
Code of Ordinance of the City of Tybee Island, Georgia.
Mayor Walter W. Parker
acquel . Bro Clerk of Council
1st Reading:
2nd Reading: S., -
1 1 - 10.G)O C�
Enacted: a
Il-`a-®a®
Page 1 of 1
1
1
3 -090 schedule of development regulations
ORDINANCE NOg 1 L
It is hereby ordained by the governing authority of the City of Tybee Island, in open
meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Developement
Code, Article , Section(s) _, be _ to read as follows:
Section 1. Section 3 -090 is hereby amended to read as follows
3 -090 SCHEDULE OF DEVELOPMENT REGULATIONS
A. Schedule of residential district dimensional requirements.
Zoning Minimum Lot area (sq. ft.) Minimum yard Setback Maximum
District distance (ft.) Structure
Height
Single Two Multi- Front Rear Side Limits
Family Family Family
R -1 12,000 Not Not 20 20 10 35'
permitted permitted
R -1 -B 6,600 Not Not 20 10 10 35'
permitted permitted
R -2 4,500 6,750 Not 20 10 10 35'
permitted
1
4,500 6,750 20' 10' 10' 35'
(ORD. 1995 -17; 12/7/95)
8,000 20' 10' 10' 35'
Buildable
to 80% of
the
Property
R -T 7,000 8,000 8,000 20 20 10 35'
Buildable to
80% of the
property
exclusive of
the setbacks
Page 1 of 3
1
1
3 -090 schedule of development regulations
1 In the event of detached duplexes, the minimum lot size shall be 9,000 (nine thousand) square feet
and there shall be a separation of open space of 20 (twenty) feet between the closest points of the completed
dwelling units. Further, all other setback requirements apply.
B. Schedule of commercial district dimensional requirements.
***Zone Front Yard Rear Yard *
Side Yard
Structure Heights
C -1(A) 0 None required except None required 35'
25 feet ** if bordering except 25 feet ** if
residential district. bordering residential
district.
C -1(B) 8' 6' 5' 35'
C -1(C) 20' 10' 10' 35'
C -2 20' 20' 10' 35'
MD 20' 10' 10' 35'
(ORD. 1995 -17; 12/7/95)
TBR 20'
10'
10' 35'
( *) When abutting public streets, any principal building shall be located no nearer than five (5) feet to that
lot line.
( * *) Where commercial establishment abuts residential zoning, a suitable screen will be required. See
Section 3 -160 This screen shall be either natural (planting) or man-made and shall be required. This screen
shall be either natural (planting) or man-made and shall be maintained in good order and approved by the
Zoning Administrator. Minimum height is six (6) feet.
C -1(A) RETAIL USES & FOOD/BEVERAGE SERVICE USES
C -1(B) HOTEL & MOTEL USES, WITH 80% MAXIMUM LOT COVERAGE
C -1(C) RESIDENTIAL USES, INCLUDING SINGLE FAMILY, TWO FAMILY, AND MULTI-
FAMILY (TRIPLEXES, QUADRAPLEXES, TOWNHOMES, APARTMENTS, TOURIST
HOMES, CONDOMINIUMS, TIMESHARES, AND SIMILAR USES), BED &
BREAKFAST USES, & PUBLIC STRUCTURES.
C. Buildings above 35 feet. If a variance is granted by Mayor and Council for a building with a height in
excess of thirty-five (35) feet, in no event shall a building permit be granted without the following
restrictions.
(1) Structures greater than thirty-five (35) feet in height shall be fully equipped with Fire Safe
Guards consisting of Sprinkler systems, Smoke Detectors and any other fire Protection measures
deemed necessary at the time by the Mayor and Council.
Page 2 of 3
1
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1
3 -090 schedule of development regulations
(2) Before a permit can be granted on said request, an affidavit of the builder and owner must be
executed agreeing to same to be completed within an agreed upon reasonable time.
(Ord: 1999 - 09;04/22/99)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Land Development
Code of Ordinance of the City of Tybee Island, Georgia.
, Clerk of Council
1st Reading: . - 1 ®- a_ 3c ,
2nd Reading: _ 1 \ - a_oco
Enacted: „- - i \ - ci- ®OG
Page 3 of 3
1
1
4-010 list of districts
ORDINANCE NO. Q Oo _ 1 3
It is hereby ordained by the governing authority of the City of Tybee Island, in open
meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Developement
Code, Article 4 , Section(s) 010 be amended to read as follows:
Section 1. Section 4 -010 is hereby amended to read as follows
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
PUD Planned Unit Development.
Any ordinances in conflict herewith are repealed to the extent of the conflict and this
Ordinance shall have application to any violation of the Tybee Island Land Development
Code of Ordinance of the City of Tybee Island, Georgia.
ayor Walter W. Parker
R. B ! wn, Clerk of Council
1st Reading: 0. - c9 - ® °
a
2nd Reading: a, - "
Enacted:
Page 1 of 2
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