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Land Development Code
Article 10
SUBDIVISION REGULATIONS
Sections:
10 -010 SHORT TITLE
10 -020 AUTHORITY
10 -030 ❑
10-040 PURPOSE
10 -050 MINOR SUBDIVISIONS
10 -060 VARIANCE
10-070 ❑
10 -080 DESIGN STANDARDS
Section 10 -010 SHORT TITLE
This chapter shall be known and may be cited as the "Subdivision Regulations of Tybee Island,
Georgia."
Section 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.
Section 10-030 ❑
The jurisdiction of this chapter shall be all that area within the corporate limits of the city.
Section 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 hats.
(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.
Section 10 -050 MINOR SUBDIVISIONS
In the case of a minor subdivision which shall have lots fronting only on an existing, open, and
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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 fmal plat.
Section 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.
Section 10 -070 ❑
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.
Section 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 comers 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 at each street comer,
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.
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(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 duets in a subdivision
shall provide for the alignment with, or the continuatit 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 shailbe 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 rigltangles 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 arterialsNcw street entrances
on roads designated or classified as arterials shall be not less than &e hundred (500) feet
apart. However, the mayor and council may reduce these requinawnts whenever they
determine that such action will not be contrary to the purpose of tb chapter.
(5) Subdivisions on arterial streets. Where a subdivision abuts or cesdaks 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 1 rear property line,
deep lots with rear service lanes, or such other treatment as any be nomssary for adequate
protection of residential properties and to afford separation of through andkal traffic.
(6) Minimum curb and street radius. The lot line radius at intersectingstreets shall be not
less than twenty (20) feet. The center line radius of all curvilinear streets skill be not less than
seventy five (75) feet.
(7) Permanent dead -end streets. Dead -end streets, designed to be suchpramanently, shall be
provided at the closed end with a turnaround having an outside roadway dialer of not less than
eighty (80) feet, and a right -of -way diameter of not less than one hundred (IU» feet.
(8) Temporary dead -end streets. Temporary dead -end streets shall be provided with a
temporary turnaround area which shall meet the requirements for desip,, 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 III out and designed
that their use by through traffic and speeding traffic will be uraged.
(11) Street names. All streets within a subdivision hereafter estabaskd shall be named.
No name shall be used which will duplicate or be confused with existing stns names.
(12) Additional right -of -way. A proposed subdivision that includes a platted street that
does not conform to the minimum right -of -way requirements of this chapterskill provide for the
dedication of additional right -of -way required by ordinance. If the proposal subdivision abuts
only one side of said street then a minimum of one -half of the required exha right -of -way shall
be dedicated by such subdivision.
(13) Street access to adjoining property. Whenever the mayor and comacil fmd that street
access to adjoining property is needed, a street right- of -wayll 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 isrequired for access
to property, then the developer of the property for which mass 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
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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
desi au ed and constructed in accordance with the followin: s ' ecifications:
Type of Streets
•
List of Specifications
Arteri al
Street s
Colle
ctor
Stree is
Minor
Streets
Margina I
Access
Street
Private
Drives
(1) Minimum right -of -way
60ft
60ft
60ft
40ft
20ft
(2) Curb and gutter
requir ed
requied optimal
require d
opti
onal
(3) Width of shoulders (ditches)
8ft.
8ft
8ft
8ft
opti
onal
(4) Back slope (curb and gutter)
8ft.
8ft.
- 8ft.
8ft.
opti
onal
(5a) Maximum slope of
shoulders or back slope.
One inch (1 ") for every one foot (1')
opti
onal
i
(5b) Minimum slope of
shoulders or back slope.
one half an inch (1/2
") per one
foot (1')
opti
onal
(6) Pavement width
30'
30'
26'
20'
opti
onal
(7) Per cent base course or
subbase compaction, modified
proctor **
100 %*
95 %*
95 %*
95 %* _
opti
onal
(8) Type of paving
Asphalt
or concrete
specifications.
installed
to city
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) tesiper 1,500 square yards of
paving.
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** Proctor tests shall be made from representative soil sands takeafrom the area to be paved
(11) Drainage. Developer's engineer shall certify that the subdivisionwill 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 necessay 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 tlarCity 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 shell comply with the
following design standards:
(1) Street access. Each lot shall abut on a public street or a private streetwhich 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 servedly a perpetual privately
maintained drive.
(2) Lot lines. Side lot lines shall be as nearly as practical at right anglesto 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 loth 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 pnbited within
floodplain areas where the cost of providing governmental services in the area
would pose an unreasonable economic burden.
(6) Width and area requirements. Lots hereafter established within subdivisions shall
conform to the lot area as set forth in the general provisions k each zoning
district and the lot width shall be a minimum of 60 feet at thebuilding line.
(G) Blocks
All blocks hereafter established within a subdivision shall conform to he following
design standards. In order that there may be convenient access betweai 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 beih such a manner
as to minimize or eliminate damage by flooding.
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(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 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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Article 11
PLANNING COMIVIISSION
Sections:
11 -010 CREATION AND PURPOSES
11 -020 NAME
11 -030 MEMBERSHIP
11 -040 ❑
11 -050 FILLING VACANCIES
11 -060 . ❑
11 -070 COMPENSATION
11 -080 ❑
11 -090 SECRETARY
11 -100 MEETINGS
11 -110 DUTIES
Section 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.
Section 11 -020 NAME
The name of the planning commission shall be "The Tybee Island Municipal Planning
Commission" herein referred to as the "Planning Commission ".
Section 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.
Section 11 -040 ❑
Members of the Planning Commission shall be appointed by the Mayor and Council for two (2)
year staggered terms of office.
Section 11 -050 FILLING VACANCIES
A vacancy in the membership of the planning commission shall be filled in the same manner as
an original appointment.
Section 11 -060 ❑
The Mayor and Council may remove any member of the planning commission for cause after
written notice at any regularly scheduled city council meeting.A recommendation for removal
from office can be requested by a concurrence of four(4) members of Planning Commission and
the Chairman of the Planning Commission for violation of the Attendance requirements as set
forth in the Rules Of Procedure as adopted by the Tybee Island Planning Commission. (ORD.
1999 - 31;9/23/99)
(Ord. 1999 -31, Amended, 11/10/1999)
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Section 11 -070 COMPENSATION
Compensation, if any, to any member of the planning commission shall be determined by the
Mayor and Council.
Section 11 -080 ❑
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.
Section 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.
Section 11 -100 MEETINGS
(A) The planning commission shall meet in a regular session each month no later than nine (9)
days prior to the scheduled City Council Meeting; at City Hall at 7:30 PM Planning
Commission shall also hold an agenda meeting one week prior to the regular meeting of
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 with 48 hours notice
to said members. .
(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.ORD. 1999-30;9/23/99)
(Ord. 1999 -30, Amended, 11/10/1999; Manual, Amended, 11/10/1999)
Section 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 and the meeting of
ordinance requirements for zoning map amendments, subdivisions, and/or amendments to
the text of the ordinance, specifically including but not limited to special assignments
requested by the governing body, the City Code Enforcement Department, City engineers.
(D) Land Use Planning. The planning commission shall make careful surveys and studies
periodically in order to update the city's Master Plan and Land Development Codes.
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.(ORD. 1999-
32;9/23/99)
(Ord. 1999 -32, Amended, 11/10/1999)
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Article 12
TELECOMMUNICATIONS /TOWERS /ANTENNAS
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Article 13
ZONING MAP AMENDMENTS
Sections:
13-001 Zoning Map Amendment
Section 13 -001 Zoning Map Amendment
The Zoning Map of the City of Tybee Island is hereby amended
so that the northernmost portion of subdivided No. 9 Rosewood
Avenue, PIN 4- 3 -10 -2 is zoned R -1.
The southernmost portion of subdivided No. 9 Rosewood
Avenue, PIN 4- 3 -10 -2 is zoned R-2. (ORD. 1999-22; 8/12/99)
No. 10 Oceanview Court PIN 4- 3 -10 -3 is zoned R -2. (ORD.1999-
23; 8/12/99)
The Zoning Map is to be marked so as to reflect this change
in due course.
(Ord. 1999 - 22&23, Amended, 10/07/1999)
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Article 14
HISTORIC PRESERVATION
Sections:
14-010 PURPOSE
14-020 DEFINITIONS
14-030 CREATION OF A HISTORIC PRESERVATION COMMISSION
14-040 RECOMMENDATION AND DESIGNATION OF HISTORIC DISTRICTS
AND PROPERTIES
14-050 APPLICATION TO PRESERVATION CONIlVIISSIONFOR
CERTIFICATE OF APPROPRIATENESS
14-060 DEMOLITION OR RELOCATION OF HISTORIC PROPERTY OR
PROPERTIES WITHIN A HISTORIC DISTRICT
14-070 MAINTENANCE OF HISTORIC PROPERTIES AND lOIIILDING
ZONING CODE PROVISIONS
14-080 PENALTY PROVISION
Section 14-010 PURPOSE
In support and furtherance of its findings and determination that the historical and cultural
heritage of Tybee Island is among its most valued and important assets and that the preservation
of this heritage is essential to the promotion of the health, prosperity, educes, understanding
and appreciation of historic properties, as well as the general welfare of the people;
In order to stimulate revitalization of the business districts and historic neighborhoods and to
protect and enhance local historical attractions to tourists and thereby promote and stimulate
business through a democratic process;
In order to enhance the opportunities for federal and state tax benefits underndevant provisions
of federal and state law; and
In order to provide for the designation, protection, preservation and rehabilitation of historic
properties and historic districts and to participate in federal and state programs to do the same;
The City of Tybee Island hereby declares it to be the purpose and intent of this Ordinance to
establish a uniform procedure for use in providing for the protection, enhancement, perpetuation
and use of places, districts, sites, buildings, structures, objects and landscapefeatures having
special historical, cultural interest or value, in accordance with the provisionsef the
Ordinance.(ORD. 1999 -13; 05/27/99) (Ord. 1999 -13, Add, 06/04/1999)
(Ord. 1999 -13, Add, 06/04/1999)
Section 14-020 DEFINITIONS
A. " Certificate of Appropriateness" (hereinafter " Certificate") - Meaa document
evidencing approval by the Historic Preservation Commission of an application to make a
material change in the appearance of a designated historic property or of a pmperty located
within a designated historic district.
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B. " Exterior Architectural Features" - Means the architectural style, general design and
general arrangement of the exterior of a building or other structure, includisgbut not limited to
the kind of texture of the building material and the type and style of all windows, doors, signs
and other appurtenant architectural fixtures, features, details or elements relive to the
foregoing.
C. " Exterior Environmental Features" - Means all those aspects of the bndscape or the
development of a site which affects the historical character of the property.
D. " Historic District" - Means a geographically definable area designatedby City Council as a
historic district pursuant to the criteria established in Section IV B of this Oniinance.
E. " Historic Property" - Means an individual building, structure, site andobject including the
lot on which it sits necessary for the proper appreciation thereof designated by City Council as a
historic property pursuant to the criteria established in Section IV C of this Ordinance.
F. " Material Change in Appearance" - Means a change that will affect ewer the exterior
architectural or environmental features of a historic property or any building,structure, site,
object, landscape feature within a historic district, such as:
1. A reconstruction or alteration of the size, shape or facade ofahistoric property,
including relocation of any doors or windows or removal or Aeration of any
architectural features, details or elements;
2. Demolition or relocation of a historical structure;
3. Commencement of excavation for construction purposes;
4. A change in the location of advertising visible from the public right-of-way; or,
5. The erection, alteration, restoration or removal of any buildii or other
structure; and/or significant landscape features within a histow property or
district. (ORD. 1999 -13; 05/27/99) (Ord. 1999 -13, Add, 06/04!1999
(Ord. 1999 -13, Add, 06/04/1999)
Section 14-030 CREATION OF A HISTORIC PRESERVATION COMMISSION
A. Creation of the Commission
There is hereby created a Commission whose title shall be the " Tybeelsland Historic
Preservation Commission" (hereinafter " Commission" ).
B. Commission Position within the City of Tybee Island
The Commission shall be part of the planning functions of the City of Tyke Island.
C. Commission Members: Number, Appointment, Terms and Compenn
The Commission shall consist of five (5) members appointed by the Mayor and ratified
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by the City Council. All members shall be residents of Tybee Island and shall be persons
who have demonstrated special interest, experience or education in history, architecture
or the preservation of historic resources.
To the extent available on Tybee Island, at least three (3) members shall be appointed
from among professionals in the disciplines of architecture, history, architectural history,
planning, archeology, or related disciplines.
Members shall serve (3) three -year terms. Members may not serve more than two (2)
consecutive terms. In order to achieve staggered terms, initial appointments shall be:
one (1) member for one (1) year; two (2) members for two (2) years; and two (2)
members for three (3) years. Members shall not receive a salary, although they may be
reimbursed for expenses.
D. Statement of the Commission' s Powers
The Commission shall be authorized to:
1. Prepare and maintain an inventory of all property within the jurisdiction of the City of
Tybee Island having the potential for designation as historic property;
2. Recommend to the City Council specific places, districts, sites, buildings, structures or
objects to be designated by this Ordinance as historic properties or historic districts;
3. Develop and recommend to City Council historic guidelines.
4. Review applications for Certificate(s) and grant or deny same in accordance with the
provisions of this Ordinance.
5. Recommend to the City Council that the designation of any place, district, site, building,
structure, or object as a historic property or as a historic district be revoked or removed;
6. Conduct educational programs on historic properties located on Tybee Island and on
general historic preservation activities;
7. Make such investigations and studies of matters relating to historic preservation
including consultation with historic preservation experts, as the City Council or the
Commission itself, from time to time, may deem it necessary or appropriate for the
purpose of preserving historic resources; however, the Commission shall not expend City
funds without prior City approval;
8. Seek out local, state, federal and private funds for historic preservation and make
recommendations to the City Council concerning the most appropriate uses of funds
acquired;
9. Submit to the Historic Preservation Division of the Department of Natural Resources a
list of historic properties or historic districts designated;
10. Initiate a historic marker program;
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11. Review and make comments to the Historic Preservation Divisional the Department of
Natural Resources concerning the nomination of properties withinits jurisdiction to the
National Register of Historic Places; and
12. Participate in private, state and federal historic preservation programs, and with the
consent of City Council, enter into agreements to do the same.
E. Commission' s Power to Adopt Rules and Standards
The Commission shall adopt rules and standards for the transactionof its business for the
consideration of applications for designations and Certificates, suahas by -laws, removal
of membership provisions, and design guidelines and criteria. TheCommission shall_
have the flexibility to adopt rules and standards without amendmetto this Ordinance.
The Commission shall provide for the time and place of regular rings and a method
for the calling of special meetings. The Commission shall select such officers, as it
deems appropriate from among its members. A quorum shall consist of a majority of the
members.
F. Conflict of Interest
At any time the Commission reviews a project in which a memberefthe Commission
has ownership, economic or other vested interest, that member wilibe forbidden from
presenting, voting or discussing the project, other than answering adirect question.
G. Records of Commission Meetings
A public record shall be kept of the Commission' s resolutions, prodings and
actions.(ORD. 1999 -13; 05/27/99) (Ord. 1999 -13, Add, 06/04/1999]
(Ord. 1999 -13, Add, 06/04/1999)
Section 14-040 RECOMMENDATION AND DESIGNATION OF HISTORIC
DISTRICTS AND PROPERTIES
A. Preliminary Research by Commission
1. Commission' s Mandate to Conduct a Survey of Local Historical Resources:
The Commission shall compile and collect information and conduct surveysaf historic resources
on Tybee Island.
2. Commission' s Power to Recommend Districts and Buildings to CityCouncil for
Designation: The Commission shall present to the City Council recommendations for historic
districts and properties;
3. Commission' s Documentation of Proposed Designation: Prior to the Commission' s
recommendation of a historic district or historic property to the City Councitfor designation, the
Commission shall prepare a report consisting of:
a. a physical description;
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b. a statement of the historical, cultural, architectural and/or significance;
c. a map showing district boundaries and classifications, i.e., (historic, non - historic,
intrusive) of individual properties therein, or showing boundaries of individual
historic properties;(ORD. 1999 -13; 05/27/99)
d. a statement justifying district or individual property boundaries; and
e. representative photographs.
B. Designation of a Historic District
1. Criteria for selection of historic districts: A historic district is a geographically or multiple
property listing definable area which contains buildings, structures, sites, objects, landscape
features or a combination thereof, which:
a. cause such area to constitute a visibly perceptible section of the municipality or county. These
districts shall;
b. have special character or special historical value or interest or:
c. represent one or more periods, styles or types of architecture typical of one or more eras in the
history of Tybee Island, Chatham County, State of Georgia, Region, ofNation.
2. Boundaries of a Historic District: Boundaries of a Historic District shall be included in the
separate ordinances designating such districts and shall be shown on the Official Zoning Map, or
in the absence of such a map, on an official map designated as a public record.
3. Evaluation of Properties within Historic Districts: Individual properties within historic
districts shall be classified as:
a. historic /contributing (contributes to the district)
b. historic /non - conforming
c. non - contributing (does not contribute but does not detract from the
district, as provided for in B.1.)
d. intrusive (detracts from the district as provided for in B.1.)
C. Designation of Historic Property
1. Criteria for Selection of Historic Properties: A historic property is a property that contains
a building, structure, site or object, deemed worthy of preservation by reason of value to Tybee
Island, Chatham County, State of Georgia, Region, or Nation, for one of the following reasons:
a. it is an example of a structure /site representative of its era;
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b. it is one of the few remaining examples of past architectural style, or building type;
c. it is a place or structure associated with an event or persons of historic or cultural
significance to Tybee Island, Chatham County, State of Georgia, Region, or Nation; or
d. it is a site of natural interest that is continuing to contribute to thecultural or historical
development and heritage of the Tybee Island, Chatham County, Sate of Georgia,
Region, or Nation.
2. Boundary Description: Boundaries shall be included in the separate ordinances
designating such properties and shall be shown on the Official Zoning Map, or other
designated map in the absence of such a map, or an official map designated as a public
record.
D. Requirements for Adopting an Ordinance for the Designation of boric Districts and
Historic Properties
1. Application for Designation of Historic Districts or Property: Designations may be
submitted by the City Council, the Commission, or
a. for historic districts - a Historical Society, neighborhood association or group of property
owners may apply to the Commission for designation;
b. for historic properties - a Historical Society, neighborhood association or property
owner may apply to the Commission for designation.
2. Required Components of a Designation Ordinance: Any ordinance designating any
property or district as historic shall:
a. list each property in a proposed historic district or describe the proposed individual
historic property, or historic properties;
b. set forth the name(s) of the owner(s) of the designated property or properties:
c. require that a Certificate be obtained from the Commission prior tunny material change
in appearance of the designated property; and
d. require that the property or district be shown on the Official ZoningMap, in the absence
of such a map, an official map designated as a public record.
3. Required Public Hearings: The Commission and the City of Types Island shall hold a
public hearing on any proposed ordinance for the designation of anyhistoric district or
property. Notice of the hearing shall be published in at least three (3) consecutive issues
of the principal newspaper of local circulation, and written notice (lithe hearing shall be
mailed by the Commission to all owners and occupants of such properties. All such
notices shall be published or mailed not less than ten (10) nor morethan twenty (20)
days prior to the date set for the public hearing. A notice sent via the United States mail
to the last known owner of the property shown on the City of Tybeelsland' s tax roll and
a notice sent via United States mail to the address of the property, or last known mailing
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address to the attention of the occupant shall constitute legal notifnation to the owner
and occupant under this Ordinance.
4. Recommendations on Proposed Designations: A recommendation to affirm, modify
or withdraw the proposed ordinance for designation shall be madelg'the Commission
within fifteen (15) days following the Public Hearing and shall be lathe form of a
resolution to the City Council.
5. City Council Action on Commission Recommendation(s): Fanning receipt of the
Commission' s recommendations, the City Council may adopt theordmance as
proposed; or send back to Commission with recommendations foraision; or, reject the
ordinance.
6. Notification of Historic Preservation Division: No less than thirty(30) days prior to
making a recommendation on any ordinance designating a propertyor district as historic,
the Commission must submit the report, required in Section IV, A3,to the Historic
Preservation Section of the Department of Natural Resources.
7. Notification of Adoption of Ordinance for Designation: Withinthirty (30) days
following the adoption of the ordinance for designation by the CityCouncil, The owners
and occupants of each designated historic property, and the ownersami occupants of
each structure or site located within a designated historic District, shall be given written
notification of such designation by the City Council which'notice small apprise said
owners and occupants of the necessity of obtaining a Certificate pii to undertaking any
material change to appearance of the historic property designated arwithin the historic
district designated. A notice sent via theUnited States mail to the iast-known owner of
the property shown on the City of Tybee Island' s tax roll and a notice sent via United
States mail to the address of the property to the attention of Occupast shall constitute
legal notification to the owner and occupant under this Ordinance.
8. Notification of Other Agencies Regarding Designation: The Commission shall notify
all necessary agencies within the City of Tybee Island of the Ordinance for designation,
including the local historical organization.
9. Moratorium on Application(s) for Alteration or Demolition WhApplication for
Historic Designation is Pending: If an application for alterations ordemolition is being
processed by the City of Tybee Island no action shall be taken on ,F4 application until a
decision on the historic designation is made upon by City CounciL . 1999 -13, Add,
06/04/1999)
(Ord. 1999 -13, Add, 06/04/1999)
Section 14-050 APPLICATION TO PRESERVATION COM MISSIONFOR
CERTIFICATE OF APPROPRIATENESS
A. Approval of Alterations to the Exterior Architectural Features of Leafing Buildings in
Historic Districts or Historic Properties
After the designation by Ordinance of a historic district or historic property, no material
change in the exterior architectural appearance of any existing building witla/hese areas shall
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be permitted to be made by the owner thereof unless or until applications fa/Certificate has been
submitted to and approve by the Commission. The Certificate will certifythat the change in
exterior architectural appearance is compatible with the historical featuresofthe building and the
adjoining properties.
B. Approval of New Construction within Historic Districts or Historic)lroperties
After the designation by Ordinance of a historic district or historic propoty, no new building
or structure shall be constructed until the owner thereof has submitted an acation for a
Certificate to the Commission, and the Commission has approved it. Thesesttuctures or
developments shall conform in design, scale, building materials, setbacks and other exterior
architectural features to the character of the designated district and site as specified in the
Commission' s design guidelines.
C. Guidelines and Criteria for Certificate of Appropriateness
When considering applications for Certificate(s) to existing buildings, &Secretary of the
Interior' s " Standards for Historic Preservation Projects" including the S ' s " Standards
for Rehabilitation" shall be used as a guideline along with any other criter adopted by the
Commission.
D. Submission of Plans to Commission
In order for an application for a Certificate to be reviewed, it must be submitted at least
fifteen (15) days prior to a scheduled meeting of the Commission. An application for Certificate
shall be accompanied by such drawings, photographs, or plans as may be rewired by the
Commission. The application for Certificate will be logged in by the City Ding official on
the day it was received and copies of all applications for Certificates shall bsgiven to the
Chairman of Commission no later than fourteen (14) days before the scheddad meeting of the
Commission.
E. Acceptable Commission Reaction to Application for Certificate of Awropriateness
1. The Commission shall approve the application and issue a Certificif it fmds that the
proposed material change(s) in the appearance would not have a subtantial adverse
effect on the historic or architectural significance and value of the - historic property or
the historic district. In making this determination, the Commissionsiall consider, in
addition to any other pertinent factors, the historical and architectw value and
significance, architectural style, general design arrangement, textuieaud material of the
architectural features involved, and the relationship thereof to the eiiior architectural
style, and historic features of the other structures in the immediate ' h boyhood.
2. The Commission shall deny a Certificate if it fmds that the proposed mail change(s) in
appearance would have substantial adverse effects on the historic or archteetural significance
and value of the historic property or the historic district.
3. The Commission may make approval of a Certificate conditional upon complying to
certain situations which may be listed in the Certificate. Such stipulations are to be used
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only to diminish the adverse impact of the changes in material appearances proposed in
the application for a Certificate.
F. Public Hearing on Applications for Certificates of Appropriateness,Notices and Right
to be Heard
At least seven (7) days prior to review of a Certificate, the Commission shall take such action
as may reasonably be required to inform the owners of any property likelyto be affected by
reason of the application, and shall give applicant and such owners an opportunity to be heard.
In cases where the Commission deems it necessary, it may hold a public hearing concerning the
applications. All meetings of the Commission at which applications for Cett;ate(s) are being
discussed shall be open to the public.
G. Interior Alterations
In its review of applications for Certificate(s), the Commission shatinot consider interior
arrangements or use having no effect on exterior architectural features,
IL Technical Advice
The Commission shall have the power to seek technical advice fromcmtside its members
on any applications for Certificate(s).
I. Deadline for Approval or Rejection of Application of C'brtificatesof
Appropriateness
1. The Commission shall approve or reject an application for Certificate(s) within forty-
five (45) days after the filing by the owner of a historic property, orofa structure, site or
object located within a historic district. Evidence of approval shall miry a Certificate
being issued by the Commission. Notice of the issuance or denial ofaCertificate(s)
shall be sent via United States mail to the applicant and all other persons who have
requested such notice in writing filed by the Commission.
2. Failure of the Commission to act within said forty -five (45) days shall constitute
approval, and no other evidence of approval shall be needed.
J. Necessary Actions to be Taken by Commission Upon Rejection ofApplication for
Certificate of Appropriateness
1. In the event the Commission rejects an application, it shall state its reasons for doing so,
and shall transmit a record of such actions and reasons, in writing, totbe applicant The
Commission may suggest an alternative course of action it thinks prom if it disapproves
of the application submitted. The applicant, if they so desire, may make modifications to
the plans and may resubmit the application at any time after doing so.
2. In cases where the application covers a material change in the appeatne of a structure
which would require the issuance of a Building Permit, the rejection tithe application
for a Certificate shall be binding upon the building inspector or otheradministrative
officer charged with issuing building permits and, in such cases, no piing permit shall
be issued.
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K. Undue Hardship
Where, by reason of unusual circumstances, the strict application ofSection V of this
Ordinance would result in the exceptional practical difficulty; undueeconomic hardship
upon any owner of a specific property, the Commission, in passing iron applications,
shall have the power to vary or modify strict adherence to said provisions, or to interpret
the meaning of said provisions so as to relieve such difficulty or haaliip; provided such
variances, modifications or interpretations shall remain in hannony�h the general
purpose and intent of said provisions so that the architectural or historical integrity, or
character of the property, shall be conserved and substantial justice Vie. In granting
variances, the Commission may impose such reasonable and additional stipulations and
conditions as will, in its judgment, best fulfill the purpose of this Ordinance. An undue
hardship shall not be a situation of the person' s own making or as nmdt of any failure to
maintain the property in good repair.
L. Requirement of Conformance with Certificate of Appropriateness
1. All work performed pursuant to an issued Certificate shall conform lathe requirements
of such Certificate. In the event work is performed not in accordanoewith such
Certificate, the City Code Inspections Officer shall issue a Cease andDesist Order and
all work shall cease.
2. The City Council shall be authorized to institute any appropriate act or proceeding in
a court of competent jurisdiction to prevent any material change in apearance of a
designated historic property or historic district, except those changesnade in compliance
with the provision of this Ordinance or to prevent any illegal act or conduct with respect
to such historic property or historic district.
M. Certificate of Appropriateness Void if Construction not Commenced
A Certificate shall become void unless construction is commenced viii six (6) months
of date of issuance. Certificates shall be issued for a period of eighteen (18) months and
are not renewable.
N. Recording of Applications for Certificate of Appropriateness
The Commission shall keep a public record of all applications for Certificates and of all
the Commission' s proceedings in connection with said application.
O. Appeals
Any person adversely affected by any determination made by the Commission relative to
the issuance of denial or approval of a Certificate may appeal such domination to the
City Council. Any such appeal must be filed with the City Council wihin fifteen (15)
days after the issuance of the determination pursuant to Section V, F sfthis Ordinance,
or, in the case of a failure of the Commission to act, within fifteen (1 days of the
expiration of the forty-five (45) day period allowed for Commission moon, Section V, F-
1 of this Ordinance. The City Council may approve, modify or rejectOm determination
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made by the Commission if the governing body finds that the Commission abused its
discretion in reaching its decision. Appeals from decision of the My Council may be
taken to the Superior Court of Chatham County in the manner proved by law for appeal
from conviction for City of Tybee Island ordinance violations.(ORD.1999-13;
05/27/99)(Ord. 1999 -13, Add, 06/04/1999)
(Ord. 1999 -13, Add, 06 /04/1999)
Section 14-060 DEMOLITION OR RELOCATION OF HISTORIC PROPERTY OR
PROPERTIES WITHIN A HISTORIC DISTRICT
A. Applications for Certificates of Appropriateness for Demolition orRelocation
The Commission shall have the authority to review applications and make
recommendations to City Council on Certificates for demolition orrclocation.
B. Public Hearing
A public hearing shall be scheduled for each application for a Certificate for demolition
or relocation.
C. Consideration of Post - Demolition or Post - Relocation Plans
The Commission shall not review application Certificates for demolition or relocation
without reviewing at the same time the post - demolition or post- relocation plans for the
site.
D. Demolition/Relocation Criteria
Upon receipt of an application for a Certificate for demolition or relation, the
Commission shall use the criteria described in Section V, F of this Ordinance to
determine whether the request is in accordance with the intent of thi sordinance and issue
a report of its findings to City Council. The Commission shall have45 days from the
date of application to complete its report. No demolition or relocation. shall proceed until
the report is complete, or recommend to issue a Certificate for demotion or
relocation.(ORD. 1999 -13; 05/27/99) (Ord. 1999 -13, Add, 06/04/1999)
(Ord. 1999 -13, Add, 06/04/1999)
Section 14-070 MAINTENANCE OF HISTORIC PROPERTIES AND BUILDING
ZONING CODE PROVISIONS
A. Ordinary Maintenance or Repair
Ordinary maintenance or repair of any exterior architectural or envinmmental feature in
or on a historic property to correct deterioration, decay or damage, orto sustain the
existing form, and that does not involve a material change in design,ffiterial or outer
appearance thereof, does not require a Certificate. Prior to the issuance of a building
permit the Chairman of the Commission shall review and determinewhether a
Certificate is required and indicate in writing the Commission' s detnmination.
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B. Failure to Provide Ordinary Maintenance or Repair
Property owners of historic properties or properties within historic districts shall not
allow their buildings to deteriorate by failing to provide ordinary maintenance or repair.
The Commission shall be charged with the following responsibilities regarding
deterioration by neglect:
1.The Commission shall monitor the condition of historic properties and existing
buildings in historic districts to determine if they are being allowed to deteriorate by
neglect. Such conditions as broken windows, doors and openings which allow the elements
and vermin to enter, the deterioration of a building' s exterior architectural features, or the
deterioration of a building' s structural system shall constitute failure to provide ordinary
maintenance or repair.
2. In the event the Commission determines a failure to provide ordinary
maintenance or repair, the Commission will notify the ow= of the property and
set forth the steps which need to be taken to remedy the situation. The owner of
such property will have sixty (60) days in which to do this.
C. Affirmation of Existing Building and Zoning Codes
Nothing in this Ordinance shall be construed as to exempt property owners from complying with
existing City or County building and zoning codes, nor to prevent any property owner from
making any use of his property not prohibited by other statutes, ordinances or regulations.(ORD.
1999 -13; 05/27/99) (Ord. 1999 -13, Add, 06/04/1999)
(Ord 1999 -13, Add, 06/04/1999)
Section 14-080 PENALTY PROVISION
Violations of any provisions of this Ordinance shall be punished in the same manner as provided
for punishment of violations of other validly- enacted ordinances of the Cityof Tybee
Island.(ORD. 1999 -13; 05/27/99) (Ord. 1999 -13, Add, 06/04/1999)
(Ord. 1999 -13, Add, 06/04/1999)
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Tybee Island
Zoning Map
R-2
MAP ANFICLALLY Aroma
DANE APRIL 22. 1999
MAP READIWTED WITh AJWINDMENTIA
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@ @ITEM 2000 -01 -03 Special Organizational Council Minutes
Clerk of Council Jacquelyn R. Brown called the January 3, 2000 organizational
meeting to order at 9 A.M.
r
Mrs. Brown gave the oath of office to James G. Burke, Jr., Pamela O'Brien,
Mallory Pearce, Shirley Sessions, Anne P. Monaghan and John O. Youmans.
The oath of office was then administered to the Mayor, Walter W. Parker who
took control of the meeting.
As there was no further business the Mayor adjourned the meeting.
Clerk of Council
Mayor Walter W. Parker
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I do solemnly swear that I will faithfully perform the duties of
Councilmembers of the City of Tybee Island and that I will support and
defend the Charter thereof as well as the Constitution and laws of the State
of Georgia and of the United States of America.
611L—'
Pamela J. O'Br'en
Shirley C. Sessidns
Mallory Pearce
Administered the 3rd day of January 2000.
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I do solemnly swear that I will faithfully perform the duties of Mayor of the
City of Tybee Island and that I will support and defend the Charter thereof
as well as the Constitution and laws of the State of Georgia and of the
United States of America.
-Walter W. Parker
Administered the 3rd day of January 2000.
S
Judge Georg E. Oliver
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I do solemnly swear that I will faithfully perform the duties of the City
Attorney of the City of Tybee Island and that I will support and defend the
Charter thereof as well as the Constitution and laws of the State of Georgia
and of the United States of America.
Edward M. Hughes
Administered the 3rd day of January 2000.
udge George . Oliver
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I do solemnly swear that I will faithfully perform the duties of the City
Judge of the City of Tybee Island and that I will support and defend the
Charter thereof as well as the Constitution and laws of the State of Georgia
and of the United States of America.
Steven Scheer
Administered the 3rd day of January 2000.
u . ge George E
liver
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I do solemnly swear that I will faithfully perform the duties of the Judge Pro
Tem of the City of Tybee Island and that I will support and defend the
Charter thereof as well as the Constitution and laws of the State of Georgia
and of the United States of America.
William Dowell
Administered the 3rd day of January 2000.
Judge Georg E. Oliver