HomeMy Public PortalAbout20200316_PC_PACKET.pdfDemery Bishop
Ron Bossick
Charles Matlock
Elaine T. McGruder
David McNaughton
J. Whitley Reynolds
Alan Robertson
A. Call to order:
Planning Commission Meeting
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George Shaw
AGENDA
March 16, 2020 — 7:00 p.m.
For City Council Meeting April 9, 2020 — 7: 00 p.m.
B. Consideration of Minutes:
1. Minutes of February 10, 2020
C. Disclosures/Recusals:
D. Old Business:
I �II�;I I� 111 '
��IIM II
1. Information: Susan Kimbrell —1008 Bay Street, Tybee Island Ga. Updates on property at
Polk and Solomon.
E. New Business:
1. Variance: requesting to impact marshland to maintain right of way — Polk Street right of
way & 318 Polk Street — Zone C2 -EC- 4-0025-01-005Y & 005Z - City of Tybee & Michael
Leonard.
2. Variance: requesting to put pool two feet from property line instead of the required five
foot setback — 52 Captains View — Zone R-2 — 40021 16013 — Tanya & Roger Huff.
F. Discussions:
1. Short Term rental working group.
2. Carrying capacity recommendations.
Adjournment:
Lisa L. Schaaf
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
Dernery Bishop
Ron Bossick
Charles Matlock
Elaine T. McGruder
David McNaughton
3. Whitley Reynolds
Alan Robertson
Planning Commission
MINUTES
February 10, 2
Chair Bishop called the February 10, 2020 Tybee Island Planning Co
Commissioners present were David McNaughton, Charles Matlock,
Bossick, J. Whitley Reynolds and Alan Robertson.
Consideration of Minutes:
Chair Bishop asked for consideration of the January 13, 202
Robertson made a motion to approve. Vice Chair Ron Boss
unanimous.
Disclosures/Recusals:
Chair Bishop asked if there were any
asked to recuse himself from the Site I
original survey on the property at Nay
Old
aughton
Capacity study the Planning Commis
Council. Commissioner Matlock stz
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George Shaw
meeting to order.
McGruder, Ron
Commissioner Alan
ed. The vote to approve was
-es or Recusals. Commissioner J. Whitley Reynolds
Variance on Naylor Avenue. He stated he did the
it the progress of some recommendations on the Carrying
. came up with in a work shop to be looked at by City
they should be resubmitted. Commissioner McNaughton
stated maybe have another workshop to go over before submitting them again, Commissioner
McGruder stated she would like to suggest a workshop so she as a new member could go over the
comments. George Shaw stated he has not been given any information on the items since they were
presented to Council. And he would come up with a date to have a workshop. Chair Bishop asked
where the information is about the short term rental ordinance that was submitted to Planning
Commission last year. That should be on the agenda soon.
Information: Susan Kimbrell — 1008 Bay Street, Tybee Island Ga. Updates on property at Polk
and Solomon.
Susan Westin approached the Planning Commission and stated she is standing in for Susan Kimbrell
tonight for the forty and growing Tybee citizens concerned about the development of the Polk and
Solomon property. She has lived permanently on Tybee for two years now. She stated that they
reached out to the River Keeper thinking that there might be some mutual interest and she is here
today. Tonya Bonitatibus approached the Planning Commission and stated she has served as the
Savannah River keeper for thirteen years. She stated on December sixteenth she visited the site in
question and stated this has been a chronic problem site for Tybee for ten years now. This property's
characteristics show there are more wetlands on the site than the last delineation that was done. Also
Stone water runoff could cause a problem with flooding. She also stated that the City's sewer
treatment facility is already maxed out and she thinks this property should be used to expand that
plant.
New Business:
Variance: consideration of request for setback variances of 4'9" on west side,10'3" on north
side, 2' on south side for primary structure and a variance of 12' for stairs on south side —10
Robinson Ave. — Zone R-1— Pin 40002 08005 — Joseph Mikielian.
George Shaw approached the Planning Commission and stated the petitioner would like to ask for the
same setbacks that has been asked for in the past on this property. Staff recommends approval. Mr.
Mikielian, who lives at 7 Thrushwood Avenue, Tybee Island, approached the Planning Commission
and stated he would like to use the variance that was granted in the past for this property and he would
definitely build a home as soon as possible. Commissioner McNaughton asked if he was using the
same design as the previous owners request since the drawing he submitted was the same one they
used. Mr. Mikielian stated he does not have an exact design right now because he would like to get
this approval first then design from that. Commissioner McGruder made a motion to continue until
there is a more specific site plan in two months. No second, motion failed. Commissioner Robertson
made a motion to approve. Commissioner Reynolds seconded. Vette to approve was four in favor to
two opposed. Motion to approve carried.
for a duplex on lot — Lot 325 Naylor Ave. — Zone R -T — 400020 05005 — Christa Rader.
George Shaw approached the Planning Commission and stated this is currently an empty lot and has
an easement on it that makes it an odd shape. It is still quite a large lot but not large enough for a
duplex. Staff recommends denial. Chair Bishop stated he would like to read a letter he received from
S.J. Carol dated Monday February 10, 2020. "Dear Commission members, please read this letter into
the record at this evening's meeting. We are homeowners at 5 Moore Avenue and want to formally
object to any variance that would increase residential. capacity and traffic in our
neighborhood. Please follow the city code and the master plan and deny any further variances of this
type. We are already overdeveloped in this neighborhood and the whole island for that
matter! According to water capacity studies our infrastructure is at risk and our quality of life is
jeopardized even further when officials pass variances allowing even more use and over -development.
Thanks for your time, Sandra Carroll and Robert Sproul" Mack Kitchens approached the Planning
Commission and stated he lues on Tybee Island and he thinks this lot has a hardship because of the
irregular shape and size. Margaret Lewin who lives on 26 Naylor Avenue, Tybee Island approached
the planning commission and stated she has lived next to this property since 1996 and she has watched
the neighborhood develop with a lot of support. She is very concerned about having a duplex next
door that would increase traffic, parking and possibly disruptive behaviors. Commissioner
McNaughton made a motion to deny. Commissioner McGruder seconded. The vote to deny was
unanimous.
Special review: adding a temporary modular building on south side of City Hall — 403 Butler
Ave. -40004 21001 - Zone PC — City of Tybee Island.
George Shaw approached the Planning Commission and stated that City Hall is in need of growth and
the City would like to keep the auditorium the way it is. So now the plan is to add a modular building
that would sit between the City Hall and the Library. It would be approximately twenty four by fifty
six. Commissioner McNaughton asked if this is in lieu of using space in the old school building.
George Shaw stated yes the City gave those rooms to The Maritime Academy. Commissioner
Matlock asked how long the building will be there. George Shaw stated he is not sure. Shawn Gillen
approached the Planning Commission and stated a year ago the City formed an ad hoc committee on
Memorial Park to identify the future expansion of government facilities on that campus. We looked
specifically at the Fire station and City Hall, understanding the current needs of office space at City
Hall and the needs of the Fire Department. The ad hoc committee made a recommendation to the City
Council which they accepted that included an annex to City Hall that would be architecturally similar
on the north side of City Hall. He also stated the old school will be used for the Maritime Academy to
expand and the YMCA will be redone in the future also. Anna Butler who lives at 1212 Fifth Avenue
approached the Planning Commission and asked if the City owned the Library building. Shawn
Gillen stated that the City owns the land and the County owns the building. It would not be possible to
use that building. Commissioner Robertson made a motion to approve. Commissioner McGruder
seconded. The vote to approve was five in favor and one opposed. The motion to approve carried.
Discussion:
On recent changes in the Shore Protection Act.
Alan Robertson approached the Planning Commissionand discussed the changes in the Shore
Protection Act.
Lisa L. Schi
Meeting Ad
APPLICANT: City of Tybee Island & Michael Leonard OWNER: Same
EXISTING USE: Single family dwelling and public street PROPOSED USE: Same
ZONING: C-2 and E -C USE PERMITTED BY RIGHT: Yes and nit.
COMMUNITY CHARACTER MAP: Commercial Gateway and Marshfront
APPLICATION: Zoning Variance (3-090. ])Streams, lakes, coastal marshlands and freshwater wetlands
buffer/setback.
PROPOSAL: The applicant is requesting a variance to maintain a right of way and driveway that encroaches into
the marsh buffer. This area is also known as Salt Meadows
ANALYSIS: The applicant is requesting a marsh buffer variance. This has been granted four times before but they
all expired.
(G) Variance procedure. Variances from the above buffer requirements may be granted in accordance with the
following provisions:
(1) Where a parcel was platted prior to the effective date of the ordinance from which this section is derived, and its
shape, topography, or other existing physical condition prevents land disturbing activity consistent with this section,
and such land disturbing activity cannot be authorized through issuance of a buffer encroachment permit, the city
may grant a variance that shall allow a reduction in buffer width only to the extent necessary to provide relief from
the conditions which prevented land disturbing activity on the parcel, provided adequate mitigation measures are
implemented by the landowner to offset the effects of such variance.
Marshfront Neighborhood: Along the marshfront exist residential uses of various ages, sprinkled with
intermittent commercial uses. Zoning classifications are R-1, R-113, R-2, and E -C. Providing natural
habitat, scenic views, and acess to the water via docks and creeks, natural resources here require special
consideration.
Comprehensive Plan — Community Character Area
Marshfront Neighborhood
Recommended Development Strategies
Meets
Strategy
YIN or NIA
1. Permit only uses compatible with area character
N/A
2. Permit only uses that will not adversely affect/impact the marsh environment
N
3. Enforce marsh buffer ordinance within the area
N
4. Prioritize tree preservation to protect the scenic and habitat value of the area
N/A
STAFF FINDING
Staff finds the proposed maintenance of the right of way and driveway at 318 Polk St. meets the requirements for a
variance. The parcel and home existed prior to the buffer requirements.
ATTACHMENTS
A. Variance application
B. Survey
C. Site Plan
D. SAGIS map
F)
This Staff Report was prepared by George Shaw.
Fee
Commercial $500
Residential $200
CITY OF TYBEE ISLAND
VARIANCE APPLICATION from the Tybee Island Land Development Code
I
Telephone #: 56 Email Address: C-1 -a
Mailing Add ress-&jjgaA—=&!r2, 10 &,�v 3U 1�6EE-
*Note: If the applicant is not the property owner as listed on the property deed, a letter from the listed owner(s), including a telephone
number and address along with any other relevant information, authorizing the applicant to act in their behalf must be included in the
application.
PROCEDURE
Agplication Requirements
All applications must be complete, including required supporting documents. Drawings or surveys will b,�
11" X 17" or larger. Incomplete applications will not be accepted and will delay review.
Application Deadline
Applications are due by 4:00 p.m. of the last day of the month before the next scheduled Planning
Commission meeting.
Application Submittal
Return one copy of this completed application and all supporting documents to: Tybee Island Planning and
Zoning, City Hall, 404 Butler Avenue / P.O. Box 2749 City of Tybee Island, GA 31328
Apl2lication Public Hearings
Applications will be heard at a public hearing before the Planning Commission on the third Monday of each
month, followed by a final decision by City Council at another public hearing on the second Tuesday of the
following month. Each hearing will be held at 7 p.m. at the Public Safety Building, 78 Van Horn Dr.
Property Address (Or General Location Description if no Address Assigned):.
P4. k1l.1-17 4101�74NJJ.�� ['JAI� 'ri, '1'-0 vk �Lx- �-
67-,
Tax Map/Parcel ID#: �0'6 Current Zoning:
Proposed use of Property: 54 A
E
1. Does the requested variance change the Tybee Island character designation for the property as described in
the Master Plan? If so, provide a brief explanation.
Z—Please e
if the variance is granted.
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4. Per the Tybee Island Land Development Code, the Tybee Island Planning Commission shall not make a
recommendation on a variance from the terms of the Land Development Code unless it has met the following.
Please explain how the requested variance meets each of the following:
B. The variance is necessary because the particular physical surroundings, the size, shape or topographical
condition of the property involved would result in unnecessary hardship for the owner, lessee or ocZants as
distinguishedfrom a mere inconvenience.
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C. The condition requiring the requested relief is not ordinarily found in properties of the same zoning
district as the subject property.
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D. The condition is created by the regulation in the Tybee Island Land Development Code and not by the
action of the property owner or applicant.
E. The granting of the requested variance will not conflict with Sec. 26 -70 -Amendments and modifications
to the Fire Prevention Code of the Tybee Island Code of Ordinances or endanger the public.
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F. The variance requested is the minimum variance that will make possible the reasonable use of the land,
building or structures.
Adjacent PropeM •
Please list all current owners • properties located immediately adjacent to or directly across the street from
the subject property. This information may be obtained from the Chatham County Tax Assessor"s office (912)
652-7271 or by using the website at www.boa.chathamcounty.org The accuracy and completeness of this
information shall be the responsibility of the applicant.
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3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
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NOTE: This application must be accompanied by additional documentation, including drawings that include or
illustrate the information outlined below.
REFERENCE DESCRIPTION
5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location
of lot restrictions.
5-040 (D) (2) Narrative describing the hardship and the reason for the variance request. (Hardship means
the circumstances where special conditions, which were not self-created or created by a
prior owner, affect a particular property and make strict conformity with the restrictions
governing dimensional standards (such as lot area, width, setbacks, yard requirements, or
building height) unnecessarily burdensome or unreasonable in light of the purpose of this
code. Unnecessary hardship is present only where, In the absence of a variance, no feasible
use can be made of the property) � 1C e'a'Ve-C
Explain the hardship: PTSI'Aa -I)-
5-040 (D) (3) A survey of the property signed and stamped by a State of Georgia certified land surveyor.
5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding
properties, including:
irregularity; 10�w e(RVA-6cA
narrowness; or,
shallowness of the lot shape; or,
exceptional topographical or other physical circumstances, conditions, or
considerations related to the environment, or the safety, or to historical significance, that is
peculiar to the particular property; and;
5-090 (A) (2) Because of such physical circumstances or conditions, the property cannot be developed in
strict conformity with the provisions of the Land Development Code, without undue
hardship to the property.
NOTE: Provide attachments illustrating conditions on surrounding properties and on
the subject property, indicating uniqueness, etc.
5-090 (B) Height. No part of any structure shall project beyond 35 -feet above the average adjacent
grade of a property except:
(1) See section 2-010,
terms and definitions; height of building.
(2) The following items that were existing on the date of the adoption of this section; flag
poles, television aerials, water towers and tanks, steeples and bell towers, broadcasting and
relay towers, transmission line towers, and electric substation structures.
The Applicant certifies that he/she has read the requirements for Variances and has provided the required
information to the best of his/her ability in a truthful and honest manner.
92 -
Date
5-090(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period
of 12 months from date of approval. Such approval is based on information provided in the application. Building
permits may only be granted for plans consistent with the approved application. Any deviation from the information
submitted will require separate approval by the mayor and council.
CERTIFICATION AND AUTHORIZATION
I hereby certify that, to the best of my knowledge and belief, the above listed information and all
2ttached supporting documents are complete and accurate. I understand that this application will
require public hearings by the Tybee Island Planning Commission and City Council. I have been
made aware and I hereby acknowledge the scheduled hearing dates/times and location where this
application will be considered. I also understand that review of this application will require a site
visit, and I hereby authorize City staff and members of the Planning Commission and City Council
to inspect the property which is the subject of this application.
Signature of Ag
Applicant Date
If within two (2) years immediately preceding the filing of the applicant's application for a zoning action, the
,?pplicant has made campaign contributions aggregating more than $250 to the mayor and any member of
Council or any member of the Planning Commission, the applicant and the Attorney representing the Applicanl
must disclose the following:
a. The name of the local government official to whom the campaign contribution or gift was made;
b. The dollar amount of each campaign contribution made by the applicant to the local governmen)
official during the two (2) years immediately preceding the filing of the application for this zoning
action, and the date of each contribution;
c. An enumeration and description of each gift having a value of $250 or more made by the Applicant t*
the local government official during the two (2) years immediately preceding the filing of thq
application for this zoning action. I
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Yes Z�-/o
2- -
Date
STAFF USE ONLY
Date received: Received b
Fee Amount Check Number Date
PUBLIC HEARINfi DATES:
Planning Commission City Council
DECISION: (Circle One) Approved = Denied
Approved with Conditions:
1, iiiii-ij+ i
havingHave you within the past two (2) years made campaign contributions or gave gifts
an aggregate s •'. $250.00 or • to wmemberof e City •. • er Island
Planning Commission, or Mayor and Council or any local government official who will be
considering the rezoning application?
NAME OF
GOVERNMENT
OFFICIAL
CONTRIBUTIONS
OF $250.00
OR MORE
GIFTS
O $250.00
MORE
TF
CONTRIBUTION
Signature
Printed Name
Date
Sec. ���Variances.
AQ 5tano�z�� After an application has been submitted to the zoning administrator, reviewed by the planning commission, and a
public hearing has been held by the mayor and council, the mayor and council may grant avariance from the strict application of
the provisions in this Land Development Code only if the following findings are made:
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity,
narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, peculiar to the
particular property; and,
(2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the
provisions of this Land Development Code, without undue hardship to the property.
(8) Height variances. For height variances, in addition to other requirements, the petitioner shall be required to add two feet to each
side yard setback for each one foot above 35 feet in height and have safe -guard consisting ofsprinkJer systems, smoke detectors
and any other fire protection equipment deemed necessary at the time by mayor and council. Where a rear yard abuts a side yard
of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above the 35 feet height, and
havesefe+guandycnnsistingofsprinklersystems,smokedetectocs,andanycther5nyprotec1iundeemednecessaryatthetimeby
mayor and council.
(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period of 12 months from
date of approval. Such approval is based on information provided in the application. Building permits may only be granted for
plans consistent with the approved application. Any deviation from the information submitted will require separate approval by
the mayor and council.
(D) [Rewewingusnianoe apolicabkvrs.]Thestaff, planning commission, and governing body, shall consider the factors stated herein in
reviewing variance applications in taking action on a particular variance. In exercising the powers to grant variances, the mayor
and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the
requirements ofthese regulations.
(B [Application apomval]Notwithstancling any other provisions of the Code of Ordinances, the staff of the community development
department through its department head may approve applications for variances without the need o[public hearings and without
the need of review by the planning commission or the mayor and council as follows:
I. When either ofthe following circumstances exists:
e. The proposed improvement of alteration will not result in an expansion of the existing footprint of the existing
structure; or
b. No additional encroachment into any setback shall be created by the proposed improvement, construction or addition.
II. When each ofthe following circumstances also exists:
a. No encroachment or construction of habitable space or other prohibited improvements will exist beyond the flood
elevation; and
b. The requested improvements or construction will not violate existing zoning provisions.
This subsection shall have specific application toexisting nonconforming structures as referred to in section 3-020.
If the staff of the building and zoning department finds that the request needs or should have additional review for any reason, it may
request review by the planning commission and if the request is approved or rejected by the planning commission then the planning
commission's determination shall control. For purposes of this section, a public hearing before the planning commission shall not be
necessary. If the staff of the building and zoning department declines an applicant's request the applicant may apply for the granting of
a variance which will follow the procedures applicable to variances in general specifically, those procedures described in sections 3-020
and 3-090 as well as the public hearing requirements referred to in -section 5-060. In the event the staff request review by the planning
commission and the planning commission rejects the request, the applicant may apply for the granting of variance and follow the
procedure applicable bzsuch request before mayor and council.
(F) Compliance wiffi ordinances. Notwithstanding any other provision of the Code of Ordinances, no application for a variance may be
accepted nor may any variance be granted with respect to any property that is then not in compliance with the requirements of
ordinances for the condition on which the variance is sought, unless the applicant files with the application a detailed written
explanation of how, when, and by whom the need for a variance was created. In such a case, the planning commission shall make a
recommendation to the mayor and council as to whether the variance should be approved or rejected or modified and the mayor and
council, following a public hearing, may approve, reject or modify the variance request. In the event property is constructed in violation
of the ordinances, the violation status remains until such time as the condition is rectified and placed in conformity with the ordinances.
Violations of the ordinances may be subject to the enforcement provisions of this Code and all penalties permissible by law. A variance
that is granted under this Ordinance does not excuse prior violations including those that have resulted or may result in enforcement
action bythe City ofTybeeIsland.
([)rd. No. 1999-27, 8-12-1999; Ord. No. 2002-08/ 5-9-2002; []rd. No. 2002-08 Variances, amended 8-29-2001;
(]rd. of 8-11-2005; Ord. Kln.14-2010/ 8-26-2010;
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NCM: r!: r. i•" s7 be •y additional docurneritation, drawings tha includea
illustrate the information outlined below.
040 Site plau and/orarchitectural •.r atg of the proposed a- e,Jr t depicting thesr.a!
of •restrictions.
5-040 (D) (2) Narrative describing the hardship and the reason for the variance
t &W& dF IUM A00b
5-040 l of the property signed t stamped by a Statevfk• i certified land •.
(r i That there '. 1 physical circumstances or w r s 1 r r- r r Ukt of • 1 a.
propertles, including:
irregularity,
narrowness, .,
shallowness of the lot size or shape, or,
exceptional topographicalor other O"cal conditions peculiarto the
particular property.
5-M
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"t because of physical circumstances J r J r♦ the property !
developed In strictconfbrmity with the Provisions of the Land Develcpwt Code, r
undue• . U T- . a a w
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1 - . ! r:, cationfor . f
- rl �Variance, addition 1'i s other •<
petitioner shall be required to:
:Iftwo feet to each r- yard "`iJ::! or each one bot above 35 feet In
height,and,
— Have safeguards of sprinklersmoke detectors J: other .-
protection equipment deemednecessary at the time - 1 the MayorandCouncil,
J
Where a rear yard abuts a side yard of the adjacent K ft petitioner shall be
required to add tNofeetto the u}T• , «:= for each foot above t
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PLANNING commssioN
MA�r L-5ffigrr
Project Name/DescriPti0n: requesting to imPad marshland to maintain right of way —Polk
Street Right of Way & 318 Polk Street — Michael & Karen Leonard
—Zone C2 -EC 4-0025-01-005Y & 005Z
Subdivision:
Sketch Plan Approval Conceptual
Prelimini" Plan Approval
Find Plat Approval
Minor Subdivision
Text Amendment
Wor Subdivision
Petitioner has met all documentation requirements, all external approval requirements, and all
code requirements, except for the following:
The Plam,* Commission Motion on Petition: [9 Approval E] Denial n Continued
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Property Addrew: 318 Polk Street and Polk Street Right of Way
t !8 1e!"muired ` f 1'
Date
a
Date
�1,71757 I Ej,I1 7
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Date
Date
P.O. RI 2749 403 Buder Avenue, Tybee Island, Georgia 31328-2749
786-5737
www.dtyoftybee.org
is :,# ' i a r.
irr
a r
- ! s.
• Dr. Victor, Excessive water bill
•
Gerald Schantz, Back flow prevent -Jy
Wanda Doyle made a motion to approve the consent agenda. Monty parim seconded.
was J 6-0.
t77ZI17773
O _ iti. �/ I Fr+ :, 1d
Jason _ �_ �.
Apply to Deparbmnt of Natural Resourcm for permission tt move sand into
e ao, Prior r1hunicanes.
Shawn Gillen
Five Year
CN. Rscal Year 20170ter. ri' a motionto
approve the Fwe Year M' Fiscal Year 2017f'
amended. John Major
seconded. 1 r k r lapprove.
Julie Uvingston made► ! a adjourn ta Execu6eSession to discuss personnel,
litigationandrealestate. r Doyle Vote was unanimous,•._.i
Julie . r:, made a motionJ. adjourn to Regular Session.a Doyle t t- a
Vote was unanimous,6-0.
Monty- made a motion11 adjoum.,. Doyle _ - YM r-. ` i Vote was unanimous, 6-0.
Meeting adjourned 9:30 PM
PLANNING COMMISSION
Ow non','k-warn
Project tion: requesting to impact marshlandto
W Subdi
M Sketch Plan Approval
Conceptual
Prelimfim" Plan Approv I
Final Plat Approval
Minor SuMvision
Pill! kJ (��4 t I I UuJi LLt ii Lsjf�o NU
ni
The Planning COInfrussion Motion on Petition: 0 Approval C] Denial El Continued
F•lI1To i
STAFF REPORT
PLANNING•` I • 16 ,2020
COUNCILCITY • 1 1'
LOCATION: 52 Captain's View
APPLICANT: Tanya and Roger Huff
I, �H
ZONING: R-2 USE PERMITTED BY RIGHT: Yes
CO TY CHARACTER : North Beach/Maritime District
APPLICATION: Zoning Variance (5-090) from Section 3-070 (Permissible structures per lot; accessory
structures).
PROPOSAL: The applicant is requesting a setback variance to put a pool into the rear setback.
ANALYSIS: The general character of the area surrounding this lot is residential. The size of this lot is roughly the
same as neighboring lots. The requested variance does not meet the "hardship" test outlined in Land Development
Code Section 5-090 (A):
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including
irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other
physical conditions, or considerations related to the environment or the safety, or to historical significance,
that is peculiar to the particular property; and,
(2) That because of such physical circumstances or conditions, the property cannot be developed in strict
conformity with the provisions of this Land Development Code, without undue hardship to the property.
The required building setbacks for lots zoned R-2 are 20 -feet front, and 10 -feet rear and sides. The applicant is
requesting approval of setback variance to put a pool approximately 8 feet into the rear setback. The lot is fully
developed. A pool is a luxury item for which staff can find no hardship.
The Comprehensive Plan describes the North Beach/Maritime District in which it lies as follows:
The North Beach/Maritime District merges three previous areas; North Beach, Lazaretto Creek and
Historic Battery. This multifaceted area houses R-1, R-2, R -IB, R-1/NEC, R -T, E -C, PUD and M -D
zoning. Uses include commercial, recreational, campground, public/government uses and buildings, and
a mix of residential styles and home set on narrow streets. In addition to these developed portions, the
area also includes extensive undeveloped environmentally sensitive areas with multi -use trails andpublic
water access.
Comprehensive Plan — Community Character Area
The North BeachlMaritime District
Meets
Recommended Development Strategies
Strategy
YIN or N/A
1.
Establish standards and guidelines for signage
N/A
2.
Improve the pedestrian and bicycle environment
N/A
3.
Preserve and restore historic structures whenever possible
N/A
4._
Provide appropriate incentives for historic restoration projects
N/A
5.
Ensure continued preservation of old growth trees, parks, and greens ace
N/A
6.
Improve street conditions through grading improvements
N/A
7.
Facilitate public water access where appropriate and on public property
N/A
8.
STAFF FINDING
While there is only open space behind this home the applicant must show a hardship created by the lot. The desire
to have a pool does not create a hardship. Staff recommends denial of the application.
ATTACHMENTS
A. Variance application
B. Narrative
C. Site Plan
D. SAGIS map
0
This Staff Report was prepared by George Shaw.
Telephone#:
EmailAddress:
Mailing Address
7EAee B1&4, GA 362-'�;
*Note: If the applicant is not the property owner as listed on the property deed, a letter from the listed owner(s), including a telephone
number and address along with any other relevant information, authorizing the applicant to act in their behalf must be included in the
application.
Al2plication Requirements
All applications must be complete, including required supporting documents. Drawings or surveys will be
11" X 17" or larger. Incomplete applications will not be accepted and will delay review.
Application Deadline
Applications are due by 4:00 p.m. of the last day of the month before the next scheduled Planning
Commission meeting.
Application Submittal
keturn one copy of this completed application and all supporting documents to: Tybee Island Planning and
Zoning, City Hall, 404 Butler Avenue / P.O. Box 2749 City of Tybee Island, GA 31328
Application Public HeariD_qs
Applications will be heard at a public hearing before the Planning Commission on the third Monday of each
month, followed by a final decision by City Council at another public hearing on the second Tuesday of the
following month. Each hearing will be held at 7 p.m. at the Public Safety Building, 78 Van Horn Dr.
Tax Map/Parcel ID#: 4tbo:11 I go 13 Current Zoning'. R— I?—
Existing use of Property:
Proposed use of Property: k9P-ST j e4yfl od
Has the property been denied a variance in the past 12 months? If so, please provide brief details:
1. Does the requested variance change the Tybee Island character designation for the property as described
the Master Plan? If so, provide a brief explanation.
2. Please explain the purpose of the requested variance and the intended development of the subject property
if the variance is granted.
M
reo.r o '&ol Viao rEsidentia.1 JwQ-11in
ef 1 3-
3. Please explain the specific provision within the Tybee Island Land Development Code from which the
4. Per the Tybee Island Land Development Code, the Tybee Island Planning Commission shall not make a
A. The need for a variance arises from the condition that is unique and peculiar to the land,
structures and buildings involved.
FIR, ?- * e'p-k 'FO r a- va is
-1 h, —I— I I — -- — A— — . L I � — — I %1— -1—"
M�V 111 slin�ll��Illi�ill�mil-i'll,��BERM
ow we r 1,5 c: h I Id r e'rN cr-n J 3 ro-ad r- re n. 52 Capte- m-5 Weu> W &'I I 6e +-k owner k5
errnane.At res,'Jenz:e sc, t4a l/ lAb
ver eux be
y i m po r tauLt Ot%J Aere I -s n o cline in r J ' id
C. The condition requiring the requested relief is not ordinarily found in properties of the same zonir-n-
district as the subject property. I
N
0
D. The condition is created by the regulation in the Tybee Island Land Development Code and not by
action of the property owner or applicant.
0
R
Len lke-re i -s f) ot 6W c,:ffi&lr ) (5-t �&-vori S j;�t prope-rfv Itil-t cfacy- U-5
VIC) 6 0,3 t Jj5f-ur?�> ) Wo.cLle-) AvIon ft(cej ip�j 52 q 0 5
the requested variance will not confli with Sec. 26 -70 -Amendments and modifications
E. The grantin�yof 12 ezv
to the Fire Prevention Code of the Tybee Island Code of Ordinances or endanger the public.
F. The variance requested is the minimum variance that will make possible the reasonable use of the land,
building or structures.
'A 1A CL- Pool +kk--f-
L pool OV�Ljq
k " _ntpJ,0LJJJ7e5Ulf'
M
fCLC,-rbT- Of VY)OT-e AaA +00- -Tk-e-re are ac> I O -V5 to +4 -F- oea-r of
2- CQPfQ-cO V6 to c are -a,
aAJ dones".
ci -2-q - I -t-
lyc 5'f ced zooLLtc( 6e -sorneuAa-+ of a -a addi't cA 0
j�uAc-t-ional a -ad o-pproFr-kfe fc>r nor-innal, rt-cye j 0
a -f' iiaJ we
1
6 adren 0-5 0-n c>ol.,-Tb�e ok0ou,5, inient ef +he -pool A'AaAcE
Oty c T -P cLfie a 16uf fer b ef W een t -w o &4j a ce ni- S CL AJ 't a ih case Ae V4 riance
is to
Wi 1i Act decrease +he buffel- ZOAe) 6,ur wi I I rmt1n er more +6oA Joulot e +ka bu ffe r,
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X J
00a� k3la T
5q
Ca-ftCt-t'A,5 WeLx) 4 u5
CFea;FLnt3 a- IQr!lev- louffer- zowt
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fCLC,-rbT- Of VY)OT-e AaA +00- -Tk-e-re are ac> I O -V5 to +4 -F- oea-r of
2- CQPfQ-cO V6 to c are -a,
aAJ dones".
ci -2-q - I -t-
lyc 5'f ced zooLLtc( 6e -sorneuAa-+ of a -a addi't cA 0
j�uAc-t-ional a -ad o-pproFr-kfe fc>r nor-innal, rt-cye j 0
a -f' iiaJ we
1
6 adren 0-5 0-n c>ol.,-Tb�e ok0ou,5, inient ef +he -pool A'AaAcE
Oty c T -P cLfie a 16uf fer b ef W een t -w o &4j a ce ni- S CL AJ 't a ih case Ae V4 riance
is to
Wi 1i Act decrease +he buffel- ZOAe) 6,ur wi I I rmt1n er more +6oA Joulot e +ka bu ffe r,
Adjacent PropeM Owners
Please list all current owners of properties located immediately adjacent to or directly across the street fro
the subject property. This information may be obtained from the Chatham County Tax Assessor's office (91
652-7271 or by using the website at www.boa.chathamcouniy.org The accuracy and completeness of this
information shall be the responsibility of the applicant. I
Property owners name and mailing address -
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
NOTE: This application must be accompanied by additional documentation, including drawings that include or
illustrate the information outlined below.
M
KEFERENCE DESCRIPTION
5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location
5-090 (B) Height. No part of any structure shall project beyond 35 -feet above the average adjacent
grade of a property except:
(1) See section 2-010 terms and definitions; height of building.
(2) The following items that were existing on the date of the adoption of this section; flag
poles, television aerials, water towers and tanks, steeples and bell towers, broadcasting and
relay towers, transmission line towers, and electric substation structures.
The Applicant certifies that he/she has read the requirements for Variances and has provided the required
information to the best of his/her ability in a truthful and honest manner.
Date
5-090(C) Variance lon_qevfty, After a variance has been granted by the mayor and council it shall be valid for a period
of 12 months from date of approval. Such approval is based on information provided in the application. Building
permits may only be granted for plans consistent with the approved application. Any deviation from the information
submitted will require separate approval by the mayor and council.
of lot restrictions.
5-040 (D) (2)
Narrative describing the hardship and the reason for the variance request. (Hardship means
the circumstances where special conditions, which were not self-created or created by a
,, affect a particular property and make strict conformity with the restrictions
prior owner,
governing d1menslonal standards (such as lot area, width, setbacks, yard requirements, or
building height) unnecessarily burdensome or unreasonable In fight of the purpose of this
code Unnecessary hardship 15 present only where, In the absence of a variance, no feasible
use can be made of the property.)
Explain the hardship: 5±Lij- jA. �1' will Mult in InItaL4fiJ:rt
of a 21'Y( 5"Pool wh;ch isn ri Ir
normod recrea-tiona-I IJ5echi id -en +h(I(I :3 P"'I 6"
khed
5-040 (D) (3)
A survey of the property siand stamped by a State of Georgia certified surveyor.
5-090 (A) (1)
That there are unique physical circumstances or conditions beyond that of surrounding
properties, including:
irregularity;
narrowness; or,
shallowness of the lot shape; or,
t,- exceptional topographical or other physical circumstances, conditions, or
considerations related to the environment, or the safety, or to historical significance, that is
peculiar to the particular property; and;
—r,ecLr Of Prorel-If b,cl<.s Uf -to ond &ad JUi\es;.
r be developed in
5-090 (A) (2)
rcumstances or conlitions, the property cannot
, rc
Because of such physical c
strict conformity with the provisions of the Land Development Code, without undue
hardship to the property.
NOTE: Provide attachments illustrating conditions on surrounding properties and on
the subject property, indicating uniqueness, etc.
5-090 (B) Height. No part of any structure shall project beyond 35 -feet above the average adjacent
grade of a property except:
(1) See section 2-010 terms and definitions; height of building.
(2) The following items that were existing on the date of the adoption of this section; flag
poles, television aerials, water towers and tanks, steeples and bell towers, broadcasting and
relay towers, transmission line towers, and electric substation structures.
The Applicant certifies that he/she has read the requirements for Variances and has provided the required
information to the best of his/her ability in a truthful and honest manner.
Date
5-090(C) Variance lon_qevfty, After a variance has been granted by the mayor and council it shall be valid for a period
of 12 months from date of approval. Such approval is based on information provided in the application. Building
permits may only be granted for plans consistent with the approved application. Any deviation from the information
submitted will require separate approval by the mayor and council.
CERTIFICATION AND AUTHORIZATION
I hereby certify that, to the best of my knowledge and belief, the above listed information and all
.2ttached supporting documents are complete and accurate. I understand that this application will
require public hearings by the Tybee Island Planning Commission and City Council. I have been
made aware and I hereby acknowledge the scheduled hearing datesmes and location where this
application will be considered. I also understand that review of this application will require a site
visit, and I hereby authorize City staff and members of the Planning Commission and City Council
to inspect the property which is the subject of this application.
Signature of
11Z
Applicant Date E ,6 6
If within two (2) years immediately preceding the filing of the applicant's application for a zoning action, the
applicant has made campaign contributions aggregating more than $250 to the mayor and any member of
Council or any member of the Planning Commission, the applicant and the Attorney representing the Applicant
must disclose the following:
a. The name of the local government official to whom the campaign contribution or gift was made;
b. The dollar amount of each campaign contribution made by the applicant to the local government
official during the two (2) years immediately preceding the filing of the application for this zoning
action, and the date of each contribution;
c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to
the local government official during the two (2) years immediately preceding the filing of the
application for this zoning action.
Disclosure of ca)*aiqn contributions form attac reto: Yes
x
Signature off Applica"ne Date
STAFF USE ONLY
Date received: Received by
Fee Amount C17eck Number
PUBLIC HEARING DATES:
Planning Commission City Council
DECISION: (Circle sne pprove e
M
Date
9
0 A •. •all -11106i I
Have you within the past two (2) years made campaign contributions or gave gifts
having an aggregate value of $250-00 or more to a member of the City of Tybee Island
Planning Commission, or Mayor and Council or any local government official who will baz
considering the rezoning application?
EOFCo$,
vR
OFFICIAL
TRIBUNSGITE
F25000
OR MORE
OF $250.00
ORM
OONMENT
CONTRIBUTION
Signature
Printed Name cRL)fV 1 -
Date
Sec. 5-090. Variances.
(A) ftamobnos. After an application has been submitted tothe zoning administrator, reviewed by the planning commission, and a
public hearing has been held by the mayor and council, the mayor and council may grant a variance from the strict application of
the provisions in this Land Development Code only if the following findings are made:
(1) That there are unique physical circumstances or conditions beyond that ofsurrounding properties, including irregularity,
narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, peculiar to the
particular property; and,
(2) That because of such physical circumstances orconditions, the property cannot be developed in strict conformity with the
provisions of this Land Development Code, without undue hardship to the property.
(E) Heigftusniaroes For height variances, in addition to other requirements, the petitioner shall be required to add two feet to each
side yard setback for each one foot above 35 feet in height and have safe -guard consisting of sprinkler systems., smoke detectors
and any other fire protection equipment deemed necessary at the time by mayor and council. Where a rear yard abuts a side yard
of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above the 35 feet height, and
have safe -guards consisting of sprinkler systems, smoke detectors, and any other fire protection deemed necessary at the time by
mayor and council.
(C) kariavze6zn7ewity. After e variance has been granted by the mayor and council it shall be valid for a period of 12 months from
date of approval. Such approval is based on information provided in the application. Building permits may only be granted for
plans consistent with the approved application. Any deviation from the information submitted will require separate approval by
the mayor and council.
(D) [Reiefewing vafiance applicationslThe staff, planning commission, and governing body, shall consider the factors stated herein in
reviewing variance applications in taking action on a particular variance. In exercising the powers to grant variances, the mayor
and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the
requirements of these regulations.
(E) [Application approva/J Notwithstanding any other provisions of the Code of Ordinances,the staff ofthe community development
department through its department head may approve applications for variances without the need of public hearings and without
the need of review by the planning commission or the mayor and council as follows:
I. When either ofthe following circumstances exists:
a. The proposed improvement of alteration will not result in an expansion of the existing footprint of the existing
structure; or
b. No additional encroachment into any setback shall be created by the proposed improvement, construction or addition.
II. When each ofthe following circumstances also exists:
a. No encroachment or construction of habitable space or other prohibited improvements will exist beyond the Mood
elevation; and
b. The requested improvements or construction will not violate existing zoning provisions.
This subsection shall have specific application toexisting nonconforming structures asreferred to in section 3-020.
If the staff of the building and zoning department finds that the request needs or should have additional review for any reason, it may
request review by the planning commission and if the request is approved or rejected by the planning commission then the planning
commission's determination shall control. For purposes of this section, a public hearing before the planning commission shall not be
necessary. If the staff of the building and zoning department declines an applicants request the applicant may apply for the granting cf
a variance which will follow the procedures applicable tovariances in general specifically, those procedures described in sections 3-020
and _3-030aswell asthe public hearing requirements referred toin_section 5-{060.Inthe event the staff request review bythe planning
commission and the planning commission rejects the request, the applicant may apply for the granting of variance and follow the
procedure applicable tosuch request before mayor and council.
(F) Compliance wit17 ordinances. Notwithstanding any other provision of the Code of Ordinances, no application for a variance may be
accepted nor may any variance be granted with respect to any property that is then not in compliance with the requirements of
ordinances for the condition on which the variance is sought, unless the applicant files with the application a detailed written
explanation of how, when, and by whom the need for a variance was created. In such a case, the planning commission shall make a
recommendation to the mayor and council as to whether the variance should be approved or rejected or modified and the mayor and
council, following a public hearing, may approve, reject or modify the variance request. In the event property is constructed in violation
of the ordinances, the violation status remains until such time as the condition is rectified and placed in conformity with the ordinances.
Violations of the ordinances may be subject to the enforcement provisions of this Code and all penalties permissible by law. A variance
that is granted under this Ordinance does not excuse prior violations including those that have resulted or may result in enforcement
action bythe City ofTybeeIsland.
PARID: 4002116013
CAPTAINS VIEW LLC 50 CAPTAINS VIEW
Tax Commissioner Summary
Status ACTIVE
Alternate ID 2986046
Bill# 2986046
Tax District/Description 040-TYBEE
Legal Description LT 5 CAPTAINS ROW SUB TYBEE
Appeal Status
Parcel Status
Parcel Deferral Years Total
Status Exist Support Millage Rat
Active No 34.3550
Parcel Information
Property Class R3 - Residential Lots
Mortgage Company
Exemptions
Most Current Owner
Current Owner Co -Owner Address 1 Address 2 City
CAPTAINS VIEW LLC PO BOX 1550 TYBEE I!
Owner Co -Owner Address 1 Address 2 City
CAPTAINS VIEW LLC PO BOX 1550 TYBEE I!
Year
Cycle
Billed
Paid
2019
1
17,247.59
-17,247.59
2018
1
4,960.87
-4,960.87
2017
1
4,680.90
-4,680.90
2016
1
4,652.29
-4,652.29
2015
1
4,659.50
-4,659.50
2014
1
4,574.88
-4,574.88
2013
1
4,634.81
-4,634.81
2012
1
4,393.70
-4,393.70
2011
1
5,622.40
-5,622.40
2010
1
5,422.67
-5,422.67
2009
1
6,702.96
-6,702.96
Tota 1:
67,552.57
-67,552.57
100% 40%
Original 1,255,100 502,040
Classified 0 0
Appeal Value 0 0
Status Flag
Total Taxable/Billing Value 1,255,100 502,040
Payment User ID
Effective Date
Business Date
Payment To|erar
Sequence Location
Source
Pymt Type
Applied Overpa
4163243700 LOCKBXUPD-99999
12/15/2019
11/19/2019
$17,247.59 $0.00
REMPROC
LO[K8X
Z19
$0.00
Payer Details
Payment User ID Effective Date Total
Pa)
Sequence Location Smurce Payment
4163243700 LOCK8XUPD-99999 11/15/2019 $17,247.59 C/4
REK4PROC LUCKBX T9l
Authority Code
Code
Authority Name
K8i|laee
Billed
OOUNTY-OPER
TAX
OOUNTYM&O
11.5430
$5i795.05
SCHOOL-DPER
TAX
CO U NTY SCHOOL M &O
18.8810
S9,479.02
TYBEE CITY
TAX
TY8EE|SLAND
3.9310
$I,973.52
Total:
34.3550
$17,247.59
FRATIM, 7410134�1•
1
ALTA Universal 11D 1074885
22 East 34th Street
Savannah, Georgia 31401
File No./Escrow No.: 9702.8607
Pri nt Date & Time: February 27, 2020 at 02:57'PM
Officer/Escrow Officer: Joel Gerber
Settlement Location: 22 E 34th Street, Savannah, GA 3141
Property Address:
52 Captains View
Origination Fee
Tybee Island, GA 31328
Borrower:
Roger H. Huff and Tanya A. Huff
Seller:
Captain's View, LLC
Lender:
BankSouth Mortgage Gompany,
Rood Certification
LLC
Settlement Date:
February 28, 2020
Disbursement Date:
February 28, 2020
Adopt -•:1 1!
Seller Description Borrower/Buyer
F- Debit CreditFinancial Debit Ci
redt
$ 929,000.00 Sale Price of Property $ 929,000.00
Deposit $9,750.00
Loan Amount $ 836,100.00
$ 10,000.00 Seller Credit $ 10,000.00
F- Prorations[ Adjustments
$95.29 HOA $95.29
02/28/20-09/01/20
$ 1,366.61 County Taxes $1,366.61
01/01/20 to 02/28/20
Loan Charms to BankSouth Mortgage Company, LLC
Doc Review Fee
$345.00
Origination Fee
$6,270.75
Processing Fee
$395.00
Tax Service Charge
$83.00
Underwriting Fee
$375.00
Rood Certification
$ 13.50
Prepaid Interest
$194.70
$97.08811 per day from 02/28/20 to 03/01/20
other Loan Charges 71
Appraisal to Market Valuation $490.00
Services
$ 175 E-r-ecording to EPN $7.50
Copyright 2015 American Land Tide Association (HUFF—CAPTAINSVIEWLLC.PFD/9702.8607/8)
AM rights reserved Printed on 02/27/20 at 02:57,PM
ALTA Setfiement Statement Combined - Continued
Seller Borrovverffluyer
Debit Credit Debit Credit
$20.00
$ 10.00
Impounds
2430.20 $607.56
3 mo @ $ 202.52 /mo
Property Taxes $6,383.16
6 mo @ $ 1,063.86 /mo
Aggregate Adjustment $-1,822.68
Title - Owner's Title Insurance (optional)
to Brannen, Searcy &Smith, LLP
Coverage: $ 929,000.00
Premium: $3,677.08
Title - Lenclers Title Insurance
to Brannen, Searcy & Smith, LLP
Coverage: $ 836,100.00
Premium: $150.00
W
W• i
to Brannen, Searcy &
Smith, LLP
to Old Republic
National Title
Insurance
Company
to Brannen, Searcy &
Smith, LLP
Tide - Scanning/Doc to Brannen, Searcy &
Prep/Compliance Review Smith, LLP
Title - Title Binder to Brannen, Searcy &
Smith, LLP
Title - Tide Examination & to Brannen, Searcy &
Certification Smith, LLP
Tide - Title Search Fee to Brannen, Searcy &
Smith, LLP
Ttle - Electronic Storage & to Brannen, Searcy &
Compliance Smith, LLP
Commission
$20,154.00 Commission to Coldwell Banker
Platiniurn Partners
$ 22,296.00 GDmmission to Century 21
Solomon
Properties
$1,790.68
$2,036.40
$645.00
$45.00
$20.00
$195.00
$150.00
$75.00
$225.00
Government Recording and Transfer Ch�rges
Recording Fees to Clerk of Superior $50.00
Court
Deed:$25.00 Mortgage:$25.00
Copyright 2015 American Land Title Association (HUFF—CAPTAINSVIEWLLC.PFD/9702.8607/8)
All rights reserved Printed on 02/27/20 at 02:57,PM
re =-
ALTA Settlement Statement Combined - Continued
GRMA to State of GA
Intangible to Clerk of Superior
Gourt
Transfer Tax to Clerk of Superior
Court
Partial Release to Clerk of Superior
Court
EmEoffs
$ 700,000.00 Payoff of First Mortgage to SouthState Bank
Loan
Miscellaneous
$ 125.00 HOA due- Balance due on to Captains Row
Lot 513 HOA
Home Warranty to Old Republic
Home Protection,
Inc.
rpm
I rr
Borrower/Buyer
$550.00
Paid by Century 21 Solomon Properties
Homeowner's Insurance to Universal Property $2,430.20
Premium
(12 mo.)
754,000.36 $ 929,095.29 Subtotals $ 953,548.56 $ 857,216.61
Balance Due FROM $96,331.95
175,094.93 Balance Due TO
929,095.29 $ 929,095.29 TOTALS $ 953,548.56 $ 953,548.56
Acknowledgement
We/l have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements
made on my account or by me in this transaction and further certify that I have received a copy of the ALTA Settlement Statement. Well
authop' .Brannen, Searcy &.Smho, LLP to cause the funds to be disbursed in accordance with this statement.
Roger
�. Huff
Captain' LLC
BY:7z C- '4 L
Eric E. Hogg n
Jr, Authorized SCgr)atbo
Joel Gerber ,
Copyright 2015 American Land Title Association (HUFF—CAPTAINSVIEWLLC.PFD/9702.8607/8)
All rights reserved Printed on 02/27/20 at 02:57,PM
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Recommendations to City Council from Planning Commission following review of Carrying Capacity
Study
1. Change the calculation of lot size for determining buildable area to the area of continuous
upland soils. As an example when calculating the size of a lot that extends into a marsh, creek
or beach you would only count the area that is upland of the marsh or creek delineation line or
landward of the toe of the most landward dune. This change may make some lots unbuildable
or may make some R-2 lots only able to have a single family home.
2. Eliminate Sec. 3-090 (A)(1), the "200 foot rule". This change would keep all current setback
rules intact and help preserve greenspace.
3. Increase the amount of greenspace required on a lot. The current requirement is 65% of the
area of the area in the setback must be greenspace. Planning Commission did not recommend a
specific number but does recommend increasing this amount to help retain more pervious
surface for stormwater absorption.
4. Change the minimum lot size for a duplex in R-2 to 9000 square feet from 6750 square feet.
This would reduce potential density.
tri 71rr-74
Consider .aa's3+ .#` public issuesz ss. 's withto
irl but not be Urrited to premises inspection for the purposes of
determInirl adequatefire rMtficaWM#. •a notse abatmentoutdoor
activities hoursof permissiork
3) The creationi of a -Code Enforcement Office witWin the City of TYbee Island
to respond, investigate, etc all municipat-civIt code (non criminal) potential
violations. use ` f `. a t ei police officers to carryout [ "'L task ♦ `
ve. is
an ineffective and hieffident use of a ' Peace Officer Standards and Trairktng-
t` e police officer To ef%cbvdy reviewthisggestion is to &c5s t
he
merits of the creationof the same type of entity vWin the City of SavannaK
. 3.3 !: i :' � i # at:► ,..: # • - r 3 3✓ F' 3 !:: Yi is .L^Lt # -
f t 3 i' !' � i •: t f !
amountHaving suggested the above, I recognize in&Mual property rk-#& are
Wntamount to real estate ownerstip.. it seem that t1here is a bemendous
confusion as to what can be and cannot be carried Out and
enforced with raspect to STVRs. The City of Tybee, as welt as all governmental
entities, < the r.W7t3 i s ofmaintainingand d_ li the Property
dghts and attendant tights of all citizens, residents and visitors, alike.
<:a . : 1 # t f i L . ' # '", #' :.. 1 4 •. t ♦ 3 �: # t i' L 3 1 t
hopefully resolve the present apparent conundrum for all of Tybee.
C1
A BILL TO BE ENTITLED
AN ACT
I To amend Title 36 of the Official Code of Georgia Annotated, relating to local government,
2 so as to allow limited regulation of the use of properties as short-term rentals by local
3 governing authorities; to provide for definitions; to provide for exemptions; to provide for
4 statutory construction; to provide for related matters; to repeal conflicting laws; and for other
HEM=
il BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
fi
SECTION 1.
8 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended
9 by revising Chapter 77, which is reserved, as follows:
11%
11 36-77-1.
12 As used in this chaDter, the term:
13 (1) 'Enti1y'means my business, coMpggy, marketplace, partnershi orser icei ludi .
�p v nc nQ
14 but not limited to, a con2oration, partnership, limited liabilily co=gLny, or sole
15 12ro prietorship.
16 (2) 'Long-term rental' means oy residence that is offered for occLipancy for a fee or
17 other consideration for 30 consecutive dgys or more. The term shall not include a
18 residence that is used for gLny nonresidential use, including, but not limited to, use as a
19 retail establishment, restaurant, banquet space. event center, or similar use.
20 (3) 'Residence'means an owner-occLipied. house-, a single-family house or dwelling unit;
20
25 residence that is used for any nonresidential use including but not limited to use as a
26 retail establishment, restaurant banquet space event center, or similar use
27 36-77-2.
28 An ordinance, resolution. regulation or code of a local governing authority of a county
29 municipality, or consolidated government may regulate activities that arise when property
30 is used as a short-term rental if such ordinance resolution regulation or code does not
31 prohibit the use of property as a short-term rental or long-term rental does not require the
32 registration of residential rental propgM, and applies unifon& to all residences without
33 regard to whether such properties are used as short-term rentals long-term rentals or not
34 rented at all.
35 36-77-3.
36 Nothing in this chapter shall be construed to affect the validity or enforceability of private
37 covenants restricting residences used as short-term rentals or long-term rentals or of other
38 contractual agreements among_property owners that relate to the use of residences as
39 short-term rentals or long-term rentals.'
40 SECTION 2.
41 All laws and parts of laws in conflict with this Act are repealed.
3/2/2020 Tybee Island, GA Code of Ordinances
Footnotes:
--(4)—
Editor's note— Ord. No. 2016-07B , adopted May 26, 2016, set out provisions intended for use as Art. V11, §§ 34-195-34-
201. Inasmuch as there were already provisions so designated, these provisions have been included as Art VIII, §§ 34-260
—34-266.
Effective date of Ord. No. 2016-07B is May 26, 2016.
Sec. 34-260. - Purpose and intent.
(a) The purpose of this article is to establish regulations for the use of residential dwelling units
as short-term vacation rentals and to ensure the collection and payment of hotel/motel fees
and occupation tax certificate fees.
(b) "Short-term vacation rental" means an accommodation for transient guests where, in
exchange for compensation, a residential dwelling unit is provided for lodging for a period of
time less than 30 consecutive days. Such use mayor may not include an on-site manager. For
the purposes of this definition, a residential dwelling shall include all housing types and shall
exclude bed and breakfast accommodations as they are defined by the City of Tybee's Land
Development Code. This is also identified as "STVR".
(c) An owner shall be required to designate an agent for any short-term vacation rental unit,
whose responsibility it will be to comply with the requirements of this section on behalf of
the owner. The owner may be the agent.
(d) "Short-term vacation rental agent" is a local contact person designated by the owner who
shall be available at all times to respond to complaints regarding the condition, operation, or
conduct of occupants of the STVR. Such person is customarily present at a location within the
city for purposes of transacting business, and is responsible for taking remedial action to
promptly resolve issues.
(e) The owner or agent shall not be relieved of any personal responsibility or personal liability
for noncompliance with any applicable law, rule or regulation pertaining to the use and
occupancy of the residential dwellings unit as a short-term vacation rental unit.
Mt�
Sec. 34-261. -Application.
(a) Within 90 days of the effective date of the ordinance from which this article is derived, no
person shall rent, lease or otherwise exchange for compensation all or any portion of a
dwelling unit as a short-term vacation rental, as defined in section 34-260., without the owner
11A
3/2/2020
Tybee Island, GA Code of Ordinances
or rental.agentfirt obtaining an occupation tax certificate and identifying the location of
each STVR with the city.
(b) The city must be notified in writing within seven days when there is a change in property
ownership, management, agent or emergency contact. Failure to do so will void any
permitted use as an SNR.
(c) Owner or rental agent for a short-term vacation rental shall submit, on an annual basis, a
location identification/occupational tax certificate to the City of Tybee Island. The certificate
shall be furnished on a form specified by the city manager, accompanied by a non-
refundable occupational tax and regulatory fee. Such certificate should include:
(1) The complete street address of the STVR;
(2) Ownership, including the name, address, e-mail and telephone number of each person
or entity with an ownership interest in the property;
(3) The number of bedrooms, the maximum occupancy and the number of location of off-
street parking spaces on the premises and any off -premises parking applicable;
(4) The name, address and telephone number of a short-term vacation rental agent or local
emergency contact if applicable; and
(5) Any other information that this chapter requires the owner to provide to the city as part
of the identification for short-term vacation rental. The city manager or his or her
designee shall have the authority to obtain additional information from the applicant as
necessary to achieve the objectives of this chapter.
(6) The emergency contact number required by section 34-265.
(d) The certification form pursuant to this section shall be processed, and added to a database
to be kept by staff listing STVR unit information and any citations that occur. The city shall
notify the owner and agent of any instances that result in a citation fora code violation or
other legal infarction.
(Ord. No. 2016-077B, 5-26-2016; Ord. No. 09-2019. § 1, 5-9-2019)
Sec. 34-262. - Regulatory fee/renewal.
(a) The short-term vacation rental application shall be accompanied by an initial regulatory fee
and be subject to an annual fee everyJanuary 1 thereafter, as established by the mayor and
city council.
(1) The regulatory fee shall be $100.00 per rental unit. An application is valid when -
completed and filed along with payment of the application regulatory fee. The fee shall
be due january 1 of each year for short term rental purposes and, if not paid within 90
days thereof, shall be subject to the delinquency and penalty provisions of section 58-
163 as applicable to occupation tax/business license provisions as well as the revocation
9/A
3/2/2020
Tybee Island, GA Code of Ordinances
of any right to use the unit for short-term rental purposes until payment of the
penalties and fee. In addition to the regulatory fee license as specified herein, the
applicant shall also pay the required occupation tax each year.
(b) Each property shall be issued a location identification number.
(c) Failure to comply as prescribed by this section will result in a fine of $100.00 for each month
that the unit continues to operate without registration.
(d) The annual application documentation of a unit and the regulatory fee are not transferrable.
In the event ownership of a unit changes and even if there is no change in the management
company managing the unit, the fee upon ownership change shall be $100.00 if the change
occurs prior to July 1 of the year and $50.00 if after July 1 of the year.
(e) In the event a management company changes, the unit is to be re -documented by notice to
the city identifying the property/unit to the city and the regulatory fee will be $50.00 if the
management company change is after July 1; otherwise, the fee is $100.00.
Editor's note— Ord. No. 16-2017-B . § 1, adopted Dec. 19, 2017, amended § 34-262 in its entirety to read as
herein set out. Former § 34-262 pertained to registration fee/renewal, and derived from Ord. No. 2016-07B .
adopted May 26, 2016; and Ord. No. 06-201.7-A § 1, adopted Mar. 9, 2017.
Sec. 34-263. - Good neighbor policy.
The city shall make available on its website a list of SNR good neighbor policies which SNR agents are
encouraged to share with their clients.
(Ord. No. 2016-07B, 5-26-2016)
All one- and two-family SNR units shall post a sign visible from the street listing emergency contact
name and phone number. Such sign shall not exceed 24 inches x 24 inches. The emergency contact name
and number shall be the STVR agent as required by section 34-260(d) unless otherwise specified to and
approved by the city staff and any rental agency involved. The purpose of the required sign is to enable
officers and third parties to identify appropriate contacts for issues with the property and/or the occupants
and, therefore, the sign shall be located at such locations as approved by staff consistent with that purpose.
Multi -family units shall post a sign visible from outside the unit listing the required emergency contact
name and phone number. Multi -family units shall not exceed 81/2 inches x 11 inches. All such signs shall be
located at locations approved by staff consistent with the purpose of the sign requirements.
3/2/2020 Tybee Island, GA Code of Ordinances
Sec. 34-2.65. - Reserved.
Editor's note— Ord. No. 16-2017-B, § 1, adopted Dec. 19, 2017, repealed § 34-265which pertained to
emergency contact and derived from Ord. No. 2016-07B . adopted May 26, 2016; and Ord. No. 06-2017-A . §
1, adopted Mar. 9, 2017.
Sec. 34-266. - Compliance.
(a) It shall be the responsibility of the owner or agent to pay all required taxes required by
chapter 58, article IV, room excise tax.
(Ord. No. 2016-07B . 5-26-2016)
Secs. 34-267-34-299. - Reserved.
d/d
ORDINANCE N! 2019-15
AN ORDINANCE # AMEND ! CODE I ORDINANCES
PERTAINING TO THE OPERATION 1
OF SH6R± li�kM VACATION RENTAL
PROPERTIES a O ELIMINATE
AMBIGUITIES AND TO CLARIFY THE IDENTIFICATION OF SHORT TERM
VACATION RENTAL UNITS AND TO PROVIDE FOR EACH UNIT TO HAVE A
UNIQUE IDENTIFICATION NUMBER; TO
It i 1: REQUIRE
PROMOTIONIDENTIFICATIONREQUIREMENTS , OF
SUCH PROPERTIES AND TO REVISE
EMERGENCY NOTIFICATION SIONAGE.,�kND 7
R OTHER PURPOSES
`TTiE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island,
vcll,
:i . r,. • is . r o t i • i! :,, i r i I t i ". 1 i: r -;;w:
th
safety, and welfare of the citizens of Tybee Island, Georgia-,
WHEREAS, the duly elected governing authority for the Cityof Tybee Island,
Georgia, is the Mayor and Council thereof;
WHEREAS, the goveming authority desires to adopt ordinances under it police,
zoning, and home rule powers,
WHEREAS, S, the Code of Ordinances at Sections 34-260 through 34-265 deal with
the topic of short term rentals; and
WHEREAS, the operation of short term vacation rental properties necessitates
NOW, THEREFORE,ordained by Iiie Mayorr Council of i
Tybee Island in open meeting that the Code of Ordinances, Sections 34-262 tdh"rou�gh
265. be arriefided • thathereaftersectionsa su6i66ti ddressed below
c
as hereinafter provided.
1611398.1 Ifi
*`.
The Code of Ordinances is hereby amended as to Sections 34-262(b)„ 34-264 and
34-265 so that hereafter the section and subsections shall provide as follow:'
Sec. 34-262. — Regulatory fee/renewal.
(a) The short-term vacation rental application shall be accompanied by an initial
regulatory fee and be subject to an annual fee every January l thereafter, as established
by the mayor and city council.
(1) The regulatory fee shall be $100 per rental unit. An application is
valid when completed and filed along with payment of the application
regulatory fee. The fee shall be due January 1 of each year for short term
rental purposes and, if not paid within 90 days thereof, shall be subject to
the delinquency and penalty provisions of section 58-163 as applicable to
occupation tax/business license provisions as well as the revocation of any
right to use the unit for short term rental purposes untii payment of the
penalties and fee. In addition to the regulatory fee license as specified
herein, the applicant shall also pay the required occupation tax each year.
(b) Each property or unit shall be issued a registration number.
(c) Failure to register as prescribed by this law will result in a fine of $100.00 for each
month that the unit continues to operate without' registration.
(d) The annual registration of a unit and the regulatory fee are not transferrable. In the
event ownership of a unit changes and even if there is no change in the management
company managing the unit, the fee upon ownership change shall be $100 if the change
occurs prior to July I of the year and $50 if after July I of the year.
(e) In the event a management company changes, the unit is to be re -registered by
notice to the city and the regulatory fee will be 50 if the management company change
is after July 1; otherwise, the fee is $100.
• See. 34-264. - Signs.
All one- and two-family STVR units shall post a sign visible from the street listing
emergency contact name and phone number. Such sign shall not exceed 24 inches x 24
inches. The emergency contact name and number shall be the STVR agent as required
by Section 34-260(d) unless otherwise specified to and approved by the city staff and
any rental agencyinvolved. The purpose of the required sign is to enable officers and
third parties to identify appropriate contacts for issues with the property and/or the
occupants and, therefore, the sign shall be located at such locations as approved by staff
consistent with that purpose. The contact phone number shall be visible from a street
nearby.
Multi -family units shall post a sign visible from outside the unit listing the
required emergency contact name and phone number. Signs for Multi -family units shall
1611348.1
i[J-0
by staff consistent with the purpose of the sign requirements. The phone number on the
sign shall be visible from a publicly accessible area.
Section 34-265 is amended to hereafter read as follows:
Each short term vacation rental property or unit is to have a unique location
identification number. Any advertising, promotion or notice of availability of a property
�tTiil%u I r
advertisement, promotion or notice. The phrase "advertisement, promotion or notice" as
used herein shall include, but not be limited to, brochures, marketing material and any
online, digital, social media or"published. promotion of any such property or unit. The
failure to include such number as required herein shall be a violation hereof and
punishable as otherwise provided in the Code of Ordinances.
MRV
Jhe sections, paragraphs, sentences, clauses and phrases of this ordinance am
severable an,—I rase. cla=
shall be declared illegal or invalid by the valid judgment or decree of any court of
competent jurisdiction, such illegality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance.
;*JIAWIkJVAtI7qI=
provisions of this ordinance shall become effective and be made a part of the Code 41
1611399.1 gm �i
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council
Pursuant to the ordinances of the City.
ADOPTED THIS ZZ DAY OF Ujk
ATTEST:
iLE�RKOF CO CIL
FIRST READING: 10/24/2019
SECOND READING: ! !'
ENACTED:
Tybee/Ordinances 2017/16-2017-A STVR FEES 12.06.17
16-2017-B revised 12.14.17
1611398.1
3/2/2020
ARTICLE IIA. - DISORDERLY HOUSE NUISANCE CODE
Sec. 22-33. - General definitions.
Tybee Island, GA Code of Ordinances
For the purposes of this article, the following definitions shall apply:
Dwellingmeans a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or
any other structure(s) or place(s) used or intended to be used for human habitation, including common areas within the
structure when buildings or structures are used for more than one dwelling, and accessory buildings such as garages located
on the same premises.
In oron the premises of any dwelling means either within a dwelling or the area within the boundary lines of any real
property of the same ownership on which such dwelling is located.
Occupant means any person who lives in or has possession of, or holds an occupancy interest in, a dwelling; or any
person residing in or frequenting the premises of the dwelling with the actual or implied permission of the owner or lessee.
Ownermeans any person, agent, operator, firm or corporation having a legal or equitable interest in the dwelling; or one
with an interest recorded in the official records of the state, county or municipality as holding title to the dwelling; or
otherwise having a control of the dwelling, including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of such property by a court.
(Ord. No. 04-2019. 5-9-2019)
Sec. 22-34. - Disorderly house nuisance defined.
A "disorderly house nuisance" is a dwelling within which, or on the premises of which, any of the following offense(s)
have occurred within a 365 -day period.
(1) One or more felonies or three misdemeanors, arising out of separate, and distinct facts and
circumstances, as defined by the statutes of the State of Georgia, and/or the ordinances of the City of
Tybee Island; or
(2) Three or more violations of chapter 10 of this Code, relating to animals and fowls, arising out of separate
and distinct facts and circumstances; or
(3) Three or more violations of article II, article III, or article IV of chapter 22 of this Code, relating to
nuisances, property maintenance, and/or noises arising out of separate and distinct facts and
circumstances; or
(4) Three or more violations of chapter 42 of this Code, relating to various offenses, arising out of separate
and distinct facts and circumstances; or
(5) A combination of three offenses s from any of the above categories, arising out of separate and distinct
facts and circumstances.
(6) For purposes of this section and this article, a person's unexcused failure to appear to answer a charge
or the failure to pay a fine in lieu of an appearance is to be considered the equivalent of a conviction and
therefore, a violation.
(Ord. No. 04-2019.5-9-2019)
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Sec. 22-35. -Violation.
Tybee Island, GA Code of Ordinances
(1) No owner or occupant or manager of any dwelling shall allow or permit such dwelling to be, or become, a
disorderly house nuisance.
(2) An owner and/or occupant, as the case maybe, shall be deemed to have allowed or permitted a dwelling to
be, or become, a disorderly house nuisance, if:
a. The owner or occupant has personally committed the acts set forth in section 22-34: or
b. Such acts were committed by invitees of the occupant or owner; or
c. Such acts were committed by persons attending events, or functions, sponsored, permitted or allowed by
the occupant or owner; or
d. Such acts were committed by a combination of subsections a, b or c; or
e. The owner, occupant and manager, if any, has or have been provided with the written notice of a
disorderly house nuisance pursuant to section 22-36, below, the facts alleged therein are true, and the
owner or occupant and/or manager fails or refuses to enter into a nuisance abatement agreement, or
after entering into such agreement, fails to comply with its terms.
Any notice of abatement decision or agreement and the requirements therein shall attach to the property involved
regardless of any change in ownership, occupancy or management and any such agreement or decision shall so provide.
(Ord. No. 04-2019. 5-9-2019)
Sec. 22-36. - Written notice of disorderly house nuisance.
No person shall be prosecuted for a violation of section 22-35 until the city manager or his designee (hereinafter
sometimes referred to herein as "director") shall serve such person or persons or entity with the notice provided herein, and
the persons, or entity have or has either failed, or refused, to enter into the nuisance abatement agreement, provided for
hereinafter, or after entering into such agreement, fails to comply with its provisions. Such notice may be served on any
person by personal service, or in the case of an occupant who has not been personally served, by restricted mail addressed
to the address of the dwelling, or, in the case of a non -occupant owner, by restricted mail to his/her last known address, or, if
none, to the address to which any tax statement is provided to such owner for the dwelling and in the case of a property
manager, to the business address of such manager. Such notice shall contain, at a minimum; the following:
(1) That a disorderly house nuisance exists, as defined by section 22-34, at the location specified in the
notice.
(2) The date of the commission of the acts which constitute the basis for the disorderly house nuisance, the
name(s) of the person(s) committing such acts, if known, and the offense committed, the violation time,
date and type and the code section making such conduct or occurrence an offense with the case number,
if applicable, and include a notice that additional violations of laws or ordinances at the location may
result in the suspension or cancellation of a business permit or license to operate a non -owner occupied
residential dwelling at location following a hearing or an opportunity for a hearing thereon before the
city manager.
(3) The date, time and place where the person is to appear, and meet with the director or his designee, to
participate in the nuisance abatement conference.
(4) That failure to appear, or failure to make satisfactory arrangements for an alternative date and time, at
the time and place designated in the notice may result in prosecution of a violation of section 22-35 and
the imposition of penalties, as proscribed by the article and this Code.
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(Ord. No. 04-2019. 5-9-2019)
Sec. 22-37. - Nuisance abatement conference.
At the nuisance abatement conference, the director or his designee, and the owner and/or occupant, and/or manager
shall discuss the facts constituting the disorderly house nuisance and shall attempt to agree on specific actions that the
owner and/or occupant can take to abate said disorderly house nuisance.
(Ord. No. 04-2019. 5-9-2019)
Sec. 22-38. - Nuisance abatement agreement.
(1) At the conclusion of the nuisance abatement conference, the director or his designee shall submit to the
owner and/or occupant a proposed written nuisance abatement agreement. If at the conclusion of the
conference, the director or his designee needs more time to draft said proposed agreement, then a follow-up
meeting shall be scheduled with the owner and/or occupant, within ten days of the initial conference for
submittal and review of the completed proposed nuisance abatement agreement.
(2) Any nuisance abatement agreement under this article shall include a list of specific actions and specific
schedule of deadlines for said actions to abate the disorderly house nuisance. It may also include provisions
for a periodic reassessment of the agreement effectiveness, and the procedure for a modification of the
agreement. A nuisance abatement agreement or any written modification to said agreement may impose
conditions or requirements on the owner, the owner's occupant and/or the owner's manager for a period of
12 months from the date of the original agreement entered into by the owner or his authorized designee,
including the occupant or the manager, who are conclusively identified as authorized agents of the owner for
all purposes in reference to an abatement agreement and the city. A nuisance abatement agreement may
impose one or more of the following conditions or requirements on the owner and/or occupant.
a. Eviction of identified individuals from the dwelling in question;
b. Written notification from the owner and/or occupant and/or manager to an identified individual or
individuals that they are prohibited from entering onto the premises of the dwelling;
c. Utilization of written leases containing a provision or provisions requiring eviction for criminal activity;
d. The completion of improvements upon the premises of the dwelling which have the impact of mitigation
of crime, including but not limited to the erection of fences, installation of security devises upon the
entrances or increased lighting;
e. Any other reasonable condition or requirement designated to abate the disorderly house nuisance.
(3) Once a proposed written nuisance abatement agreement or written modification to nuisance abatement
agreement has been submitted to the owner and/or occupant and/or manager said owner and/or occupant
and/or manager shall have 48 hours to review it and enter into said agreement by signing it and returning it to
the community development director or his designee.
(Ord. No. 04-2019. 5-9-2019)
Sec. 22-39. - Commencement of prosecution.
The director or his designee, may commence prosecution alleging a violation of this article under the following
circumstances:
(1) The owner and/or occupant does not attend a conference with the city within the time period described
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Tybee Island, GA Code of Ordinances
previously.
(2) The owner and/or occupant fails or refuses to sign a proposed written nuisance abatement agreement or
proposed written modification to said agreement within the prescribed time period set forth in this
section.
(3) The owner and/or occupant agent subsequently fails or refuses to comply with any conditions or
requirements set forth in a nuisance abatement agreement, including any prescribed deadlines for
taking particular actions.
(Ord. No. 04-2019 .5-9-2019)
Sec. 22-39.1. - Non -owner occupied properties.
Notwithstanding any other provisions of this Code, in the event the property or dwelling in question is a location
authorized or permitted for non -owner occupied rentals, the permit and/or occupational tax certificate and/or license for the
operation of such location may be revoked for ordinance or other violations as provided herein. Such revocation may occur
following a notice being delivered to the owner, occupant and/or agency managing the property from the city manager
requiring that an administrative hearing before the manager be held. Following such a hearing, or an effort to hold such a
hearing in the event that the owner, occupier, or agent does not appear, the manager is authorized to suspend, revoke, place
on probation with restrictions, or take other appropriate action with regard to the permit, occupational tax certificate, or
business license for the location. The owner, occupant, or agent may appeal the manager's decision to the Superior Court of
Chatham County but, in the absence of a court order providing otherwise, the decision of the manager goes in force
immediately, and an appeal does not act as a supersedeas. At the option of the manager, the procedures of section 34-39
may be used to address license revocation proceedings in lieu of the above.
(Ord. No. 04-2019.5-9-2019)
Sec. 22-40. - Action to abate penalties.
In addition to prosecution of the offense defined in this article or pursuing any other remedies available under this Code,
the director or his designee, upon receipt of reliable information that any dwelling within the corporate limits of the city is
being maintained as a disorderly house nuisance, may prosecute an action for equitable relief, in the name of the city, to
abate the nuisance' and to enjoin any person who shall own, rent, or occupy the dwelling in question from using or permitting
its use in violation of the provisions of this article:
(Ord. No. 04-2019. 5-9-2019)
Sec. 22-41. -judgment.
No Judgment finding a violation of this article shall be entered against an owner and/or occupant who has, in good faith,
endeavored to prevent the nuisance. Any owner and/or occupant who has complied with all conditions or requirements of a
nuisance abatement agreement and any modifications to said agreement, as defined by the article, shall be deemed to have
endeavored in good faith to prevent the nuisance.
(Ord. No. 04-2019. 5-9-2019)
Sec. 22-42. - Penalties.
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Tybee Island, GmCode of Ordinances
Upon a finding of guilt under this article, the court may, in addition to other remedies permitted by this Code, impose a
term of probation of up to one year, conditioned on any or all of the following:
(1) The completion ofimprovements upon the premises ofthe dwelling which have the impact ofmitigating
crime and criminal activity, including but not limited to the erection of fences, installation of security
devices orincreased lighting; and
(2) Requirement of a written lease for occupants which includes provisions requiring eviction for criminal
(3) Submitting tenancy lists on a periodic basis to the police department;
pH Posting a cash bond of no less than the minimum fine and up to the amount of the maximum fine for the
period of court supervision or conditional discharge imposed by the court, such bond to be retained by
the court inaninterest bearing account and conditioned nnsuccessful completion ofthe period ofcourt
supervision on conditional discharge.
(5) Any other condition reasonably related to the objective of abating the disorderly house nuisance.
(Jrd.No. 04-2l19'5-9-2U1g)
Secs 22 -43 -22'67. -Reserved.
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The City of Tybee Island Defines a Short Term Vacation Rental (STVR) as an accommodation rented to a
guest for less than 30 days. The STVR Ordinance can be found by clicking on the link below. To summarize,
STVR properties must be registered with the City, must have a tax certificate number (business license), and
must comply with sign requirements contained within this code. Hotel tax and state sales tax must also be
collected and paid on rental receipts. More information can be found by reviewing the Ordinance and in the
information below.
Review City Ordinances related to the Vacation Rental Business
STVR property owners must complete an application prior to advertising or operating. Applications along with
the check or money order for the registration fee can be mailed to:
STVR Applications
Tybee City Hall
PO Box 2749
403 Butler Ave
Tybee Island, GA 31328
or dropped off at City Hall at 403 Butler Avenue. STVR property owners will need to secure a business
license unless the property is managed by a -company with a Tybee Business License.
Download the Short Term Vacation _Rental Registration form
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Short-term vacation rentals are required to remit a 6% local hotel/motel tax to the City's Revenue Department
by the 20th day of the following month. Please follow the process outlined on the Hotel/Motel Tax Monthly
Return to remit your payment. A report must be filed on time even if there is no revenue.
Download the monthly Hotel Motel Tax orm
Reporting
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In addition to the local hotel/motel tax, the 7% State Use and Sales Tax must be remitted to the Georgia
Revenue Department by the 20th day of the following month.To file State Sales Tax, register with the State's
Department of Revenue to obtain a State Sales Tax Number. Please refer to the Georgia Department of
Revenue for more information about the State Use and Sales.
Check out the Georgia Department of Revenue Business Registration and Sales Tax page
Good Neighbor Policy
The Tybee community is dedicated to maintaining a safe and peaceful family atmosphere for all residents and
visitors of Tybee Island. Tybee Island has implemented a "Good Neighbor Program", and STVR owners and
managers pledge to inform their guests about local laws, subdivision rules, and beach rules. SNR owners
and managers must use their best efforts to assure that use of the premises by rental guests will not disrupt
the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment
of their properties. STVR Owners must designate a local emergency contact person to contact for problems.
The local contact must be available 24/7 and must be able to respond to complaints regarding the condition,
operation, or conduct of occupant, and be able to take remedial action to resolve complaints in a timely
manner.
Tybee's Good Neighbor Policy is described in the first articles on this page. Please scroll up to review this
information.
Enforcement and Questions about a S ?
If you have a complaint or question about a certified or uncertified STVR, contact the City's business license
manager, SharonShaver, at sshaver@cityoftybee.org or 912.472.5072. If you believe a STVR is being
advertised but is not registered or paying taxes, or if you believe there is a STVR that does not meet the sign
posting requirements please report this information and the matter will be investigated. Please include the
property address, time of complaint and nature of complaint.
Tbee's Short Term Vacation Renta/ Ordinance and Good Neighbor Policy
Welcome to Tybee Island!
We are pleased you have chosen to spend your vacation on Tybee Island. Tybee is famous for the miles of sandy
beaches along with its rich history that spans back to the late 1800s. There's so much to see and do that it would
be impossible to do it all in one trip, so we invite you to come back again! In the meantime, be sure to make
some time to sit back, relax and just do nothing at all. This is what the locals call "Tybee time", and it's part of the
reason so many people flock to our little three mile island ... to escape and enjoy,a slower pace of life.
Like many of our visitors, ;you have decided to rent a residential home or condominium for your own special
vacation getaway. That's great! This lodging option has become a popular choice for families since it provides
more privacy and a sense of togetherness that comes from staying in a private residence. Perhaps the _greatest
benefit is the pleasure of "living like a local" in one of our unique residential neighborhoods or condominium
communities. By choosing to stay in a short term vacation rental, you will be residing among the many
permanent residents who have chosen to call Tybee Island "home."
Staying in a private home or condo allows visitors • experience a sense of •: immersion, and much like
any small community, the residents of Tybee Island value peaceful surroundings, and an environment that is
M*RMr1Tr61
This brochure is intended to highlight a few ways you can be a good neighbor during your stay on Tybee Island.
City leaders along with the residents of Tybee ask for your cooperation to help keep Tybee Island an enjoyable
place for everyone. Follow the golden rule and treat others the way you would want to be treated back at •; at a short term rental means being a •••• neighbor and having consideration for those around •
Please keep in mind that you may be cited or fined by the City, or even evicted by the homeowner or property
manager, for creating a disturbance or for violating other provisions of the public nuisance ordinances. The
surrounding neighbors have access to a 24-hour number to call should they need to file a complaint. Property
managers and vacation rental homeowners are committed to keeping the peace.
• time with family and • can • fun and exciting with plenty of conversations, laughter and music, —
and everyone on vacation wants to enjoy a good time away from their normal routines. It is important to balance
the vacation fun with the neighbor's own quiet enjoyment of their homes — many of them are not on vacation and
are leading • lives during • stay. Consider how you would want your neighbors to behave in your •
neighborhood. Chances are your Tybee neighbors will expect the same of you while you are here. A little bit of
consideration goes a long way. Keep in mind that loud music is not allowed outside of your home, so please
•.• bring the speakers outside • crank up the music. Quiet time is 10pm to 7am.
Please do not create noise or disturbances or engage in disorderly conduct. A call from the neighbors to the
local property manager or the Police Department will bring either the manager or the police to your door. So,
please keep the noise down. Our officers can issue you a citation if you violate the city's noise ordinance or any
other local laws.
Each short term rental has an occupancy limit that varies according to the size of the home and number of beds.
Always check with the homeowner or property manager before bringing additional persons into the property, and
verify that you are not breaking any rules.
Compliance with these rules will assure that you and your neighbors will both enjoy your stay. We're glad you're
here and want you to have a great time!
Many of Tybee's homes were constructed before the widespread use of automobiles, and some properties do not
have garages or large driveways. Each short term rental has a parking limit that varies according to the number
of designated off-street parking spaces available. Guests are asked to only park in assigned spaces and to not
park in City right -of- ways, front yards, or blocking neighboring driveways or streets. Cars blocking access can
be towed. Legal street parking spaces are available on a pay -to -park first- come -first -serve basis and public
parking rules are enforced 365 days per year.
Advice for those traveling with their pets
Visitors are reminded the City of Tybee island has a leash law that requires all dogs be on leashes whenever
they are outside and not in a fenced area. You are responsible for maintaining control of your dog to ensure the
safety of others. Please be considerate and pick up your pet waste to dispose of properly. Never leave your pet
unattended in a vehicle; it is illegal, your pet may be removed to Animal Control at 78 Van Horn, and you could
face a citation. And, just like at home, a barking or whining dog disturbs the neighbors. Dogs are not allowed on
any of Tybee's beaches at any time.
Tybee Island Short Term Vacation Rental (STVR) managers and homeowners are committed to
welcoming our guests into the Tybee community while encouraging good neighbor behaviors in our
neighborhoods.
We work with guests and neighbors to avert potential problems and to ensure that developing issues are
resolved.
We ask that guests recognize our community's dedication to maintaining a safe and peaceful family atmosphere
for all residents and visitors of Tybee Island.
Tybee Island has implemented a Good Neighbor Program and STVR owners and managers pledge to inform our
guests about local laws, subdivision rules, and beach rules.
Compliance with these rules will assure that you and your neighbors will both enjoy your stay. We're glad you're
here and want you to have a great time.
We welcome you to Tybee and hope you enjoy your vacation!
Guests are asked to abide by the following basic Rules and Guidelines:
• Please respect the neighborhood and your neighbor's right to quiet enjoyment of their home. Loud Music
and noise is prohibited. Quiet time: 10pm to lam, please be a good neighbor!
• Overnight guests shall not exceed the property's posted occupancy. Only Registered Guests shall occupy
the Rental Property.
• All rental properties are designated for residential use consistent with the City Of Tybee code. Prom groups,
large groups, events, receptions or like -kind events are not allowed at STVR properties.
• Cars parked on premises shall not exceed published parking capacity of property. Cars should display
appropriate parking pass issued by the owner or manager and must be parked in the driveway or designated
parking area of the rental property. Parking in neighboring yards or driveways of rental property is
prohibited. Vehicles may not be driven or parked where not allowed.
• Posted street signage (speed limits, parking, etc.) will be obeyed.
• Motor homes, campers, and tents are prohibited and may not be parked or hooked up at STVR property.
• Charcoal grilling on deck is prohibited; it is a fire hazard.
• Only registered pets are allowed in designated rental properties Leash laws must be obeyed and no pets
are allowed on the beach (City Fines range upwards of $280 per incident).
• Help keep Tybee clean! Garbage will be bagged securely and placed in the trash and recycling carts
provided. The City has contracted weekly "side door" trash pickup so do not roll trash or recycling carts to
the curb, but please be sure to take your trash out to the cart the night before your property's designated
trash/recycling pick up day.
• Most STVR properties do not allow indoor smoking (Please refer to your Rental Agreement). No "butts on
the beach" or anywhere else; cigarette butts shall be properly disposed of.
• Support the Turtle "Lights Out' Program. Turn your beachfront porch lights off by 9pm. (May -Nov)
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• No Pets on the Beach (Current fine: $280+)
• No Glass or Breakable Containers
• No Motorized Vehicles on Beach
• No Littering -this includes cigarette butts!
• No Fires or Grilling
• No Disorderly Conduct
• No Nudity
• No Disturbing Dune Vegetation or Walking in the Dunes
• Swim Within 50 Yards of Shoreline
• Obey Lifeguards
• No Motorized Watercraft within 1000 Feet of Water Line
• Surfing and Fishing Only in Designated Areas
• No beer kegs
Connect with Tybee Island
Post Office Box 2749 1 403 Butler Avenue I Tybee Island, GA 31328 1 Phone: 912-786-4573
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