HomeMy Public PortalAbout130_LDC Article 3 General Provisions 8-18-10CITY OF TYBEE ISLAND, GEORGIA
LAND DEVELOPMENT CODE
ARTICLE 3
GENERAL PROVISIONS
Section
3-010 Zoning affects every structure and use.
3-020 Continuance of nonconforming uses/structures.
3-030 Reduction in lot area.
3-040 Substandard lots of record.
3-050 Obstruction to visions at street intersections.
3-060 Bed and breakfast regulations.
3-070 Permissible structures per lot / Accessory structures.
3-080 Off-street parking requirements.
3-090 Schedule of development regulations.
3-100 Beach, dune or vegetation disturbance.
3-110 Single-family residential standards / Manufactured home standards / Recreational vehicle standards.
3-120 Access to public street required.
3-130 Structures to be moved.
3-140 Unsafe structures.
3-150 Prohibited uses in residential districts.
3-160 Protective screening of adjacent residential property.
3-165 Greenspace.
3-170 Home occupations and home business offices.
3-180 Satellite receiving dish antenna.
3-190 Swimming pool requirements and placement.
3-200 Decks and patios.
3-210 Child day care facilities.
3-220 Amusement parks.
3-230 Turtle nesting protection.
3-240 Wetlands protection.
3-250 Private Parking Lots
Sec. 3-010. Zoning affects every structure and use.
Except as otherwise provided, no structure or land shall be used and no structures or part thereof shall be erected, altered or moved unless in conformity with the regulations herein
specified for the district to which that structure or land is located.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-020. Continuance of nonconforming uses/structures.
Any structure or use existing at the time of the enactment of the ordinance from which this Land Development Code is derived or an amendment to this Land Development Code, although that
structure or use does not conform to the provisions hereof, may be continued as a nonconforming use or structure and structural repairs may be made to any such nonconforming structure,
provided however, no such nonconforming use or structure shall in any way be expanded or extended. Whenever a nonconforming structure or use of structure becomes vacant or remains unoccupied
owing to abandonment or discontinuance for a period of six months, such structure or use shall thereafter be made to conform to the provisions of this Land Development Code. Any nonconforming
structure or use which is damaged by, fire, flood, hurricane, explosion, earthquake, war, riot, or any act of God, may be restored, reconstructed and continued as the same nonconforming
use and structure as existed before such damage, provided however, that a building permit to initiate restoration must be obtained within six months of the occurrence of damage, and
if no such permit is obtained then only a
conforming use or structure will be allowed upon the property. Provided further however, that the mayor and council may grant an extension of this six-month period in their discretion.
Any nonconforming structure may be demolished and rebuilt only if the rebuilt structure will be contained within the same nonconforming ground footprint as existed before demolition;
such new structure will maintain the historic character and substance of the pre-existing structure; and the new structure will not exceed the square footage of the prior structure by
more than 50 percent. See also Section 5-090(E).
(Ord. Correction to dates, amended 4-14-2005; Ord. No. 2005-04, amended 4-14-2005)
Sec. 3-030. Reduction in lot area.
No lot shall be reduced in area so as to result in less than the minimum lot area required under this Land Development Code; however, lots may be reduced in area upon approval of mayor
and council provided:
That the lot or lots as reduced will be consistent with the existing density and development pattern.
That the lot or lots as reduced permits and maintains, without any variance, the required front, side, and rear yard setbacks.
That the lot or lots as reduced is/are, or will be, connected to city water and sewer.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-040. Substandard lots of record.
Any lot of record existing at the time of the adoption of the ordinance from which this section is derived, March 24, 1971, which has a lot area which is less than that required by this
Land Development Code shall be subject to the following:
No substandard lot may be developed unless it is to be served by public water and sewer and all minimum front, side, and rear yard setbacks as required by this Land Development Code
are met or a variance is granted pursuant to Section 5-090.
A single lot which has an area less than that required by these regulations may only be developed as a building site for a single-family dwelling.
(Ord. No. 2002-26, 12-12-2002; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-26 Substandard lots of records, amended 2-5-2003)
Sec. 3-050. Obstruction to visions at street intersections.
Intersection requirements are intended to provide better vehicle safety on the public roads of the city. A clear sight triangle gives motorists a view of other oncoming motorists when
approaching a road intersection.
On corner lots within all zoning districts, no fence, shrubbery, wall or other obstruction to the traffic sight vision, utility poles, light poles, or sign standards, shall exceed a
height of three feet within a triangular area formed by the intersection of the right-of-way lines of two streets and a diagonal line which intersects the right-of-way lines at two points,
each 25 feet from the intersection of the right-of-way centerlines. In cases where there is a rounded corner, nothing is permitted within 25 feet of the contiguous lines of the lot that
is less than 7 feet from the finished grade. At the discretion of the designated , adjustments may be permissible depending on the amount of right-of-way used for travel or which may
be used for travel and the relation of the travel portion to the actual right-of-way. See Illustration 1 for visual clarification.
Illustration 1
(Ord. No. 1999-35, 10-28-1999; Ord. Correction to dates, amended 4-14-2005; Ord. No. 1999-35, amended 11-10-1999; Manual, amended 11-10-1999)
Sec. 3-060. Bed and breakfast regulations.
There are two types of bed and breakfast uses defined in this Land Development Code, a bed and breakfast and a bed and breakfast inn. A bed and breakfast is permitted in certain residential
areas and intended to be residential in nature. Any slight diversion from the bed and breakfast parameters will change a residential use to a commercial use. A bed and breakfast inn
is intended for commercial districts only. Therefore, there can be no variance from the regulations specific to a bed and breakfast. Such a variance will alter the use of the property
and thus require a change in the zoning district. The regulations that list requirements for both types of bed and breakfast uses are as follows:
Bed and breakfast (residential).
Limited to no more than seven (7) rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied.
The owner is required to live on premises and agree to make available proof of residency.
Food service limited to breakfast for guests only and to be served between the hours of 5:00 a.m.--12:00 noon and an afternoon snack.
Under no circumstances will an alcoholic beverage license be issued.
No less than one off-street parking space per rental unit, and a minimum of two parking spaces for the owner.
A vegetative buffer is required with a minimum height of six feet within each of the side and rear yard setbacks.
One on-premises sign, not to exceed 12 square feet, may either be posted on the structure or on a post. A post sign may not exceed a height of six feet from the highest point of the
sign. A post sign is to be located no nearer than ten feet of the right-of-way. No signs are to be allowed that are illuminated from within. Post signs may be downlit with no more than
two spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Sign posted on structure may be lit with no more than one spotlight with wattage not to exceed
75 watts. All sign designs must be submitted as a part of the conditional use permit drawn to scale.
A limited site plan approval is required to show the number and location of guest rooms, the parking plan, and the proposed design for the buffer. All site plans must be submitted on
or along with a valid survey of the property.
Small special events are permitted not to exceed twenty guests upon completion of a special review to include standards and restrictions to hours of operation, and requirements with
respect to lighting, parking, signage, and buffering so as not to unreasonably interfere with the residential uses of abutting properties.
A public hearing before the mayor and council is required. This permit is only valid as long as all conditions specified are met. Any permitted use must adhere to the approved standards,
restrictions and parking plans and any other conditions imposed by the mayor and council.
Bed and breakfast inns (commercial). These land uses are subject to an approved site development plan as required for all commercial development under Section 5-080.
(Ord. Correction to dates, amended 4-14-2005) (Ord. 40-2008, enacted 12-11-2008)
Sec. 3-070. Permissible structures per lot / Accessory structures.
Principal structure on a lot. Only one principal structure and its customary accessory structure may be designated is permissible per lot. Notwithstanding anything herein to the contrary,
in C-1 zoning districts, the property owner may petition the mayor and council for permission to allow an additional principal use structure per lot, provided the following conditions
are met:
The property is one lot of 4,200 square feet or larger;
The proposed use of the additional structure is permitted in the C-1 zone and is compatible with the existing or proposed principal structure use;
The proposed use of the additional structure will further the needs of the owners or residents of the principal structure or the general population;
All other requirements of the Land Development Code are met, including but not limited to, setback, greenspace, drainage, height limits, etc.; and
The permitted additional structure must be restricted to the use approved by the mayor and council and may not be changed without approval by the mayor and council.
Detached accessory structures on commercial lots. A detached accessory structure in a commercial district is exempted from the schedule of regulations in Section 3-090, but, shall conform
to the following regulations:
No detached accessory structure shall extend beyond the front building line of the principal structure except tents and umbrellas.
No detached accessory structure shall be more than one story in height.
No detached accessory structure shall be located nearer than five feet to any lot line.
No detached accessory structure will reduce the amount of parking required for commercial sites as required in Section 3-080.
No detached accessory structure will materially affect an approved drainage plan on an already improved site or increase the amount of run-off leaving the site in the event the site
was improved without an approved
drainage plan. Existing drainage for the principal structure will not be reviewed or required to be changed unless the approved drainage plan is not being followed.
No detached accessory structure shall be erected or installed without the proper approval from the designated City Department.
Temporary enclosures: Temporary enclosures are permitted in commercial areas only. This includes any moveable, tent-like shelter intended to provide or actually providing protection
from the elements for stored materials, vehicles, or other items, for which a building permit is not required and which a maximum size is 120 square feet. This would include temporary
garages of tent-like construction, as well as tarpaulins of plastic or similar type materials supported by wooden or metal frameworks. Such temporary enclosures are to be considered
structures under this section, and as such are governed by the same setback requirements as other structures under this ordinance. Tents set up for special occasions, screenhouses, and
other such seasonal, recreational enclosures are specifically exempted from this section unless they are used for storage as stated above after written approval from the designated city
department prior to placement. However, if this temporary enclosure becomes permanently anchored, it will be treated as a permanent structure and subject to all permitting requirements.
(C) Location of detached accessory structures on residential lots. A detached accessory structure in either a residential district or on any lot containing a principal structure whose
first floor is used for residential purposes is exempted from the schedule of regulations in sSection 3-090, but, shall conform to the following regulations:
No detached structure except a carport shall extend beyond the front building line of the principal structure.
No detached accessory structure shall be more than one story in height.
(3)No detached accessory structure shall be located nearer than five feet to any lot line. A caretaker’s cottage must meet the same front, side and rear setback requirements as required
for a principal structure.
(D) Location of attached accessory structures on residential lots. An attached accessory structure in either a residential district or on any lot containing a principal structure, the
ground floor of which is used for residential purposes, shall be considered as an integral part of the principal structure and shall be constructed, altered or otherwise be developed
in accordance with the regulations governing Flood Damage Prevention (Article 8) and side yard, rear yard and front yard setbacks for principal structures in the district. (E) Kiosks.
A kiosk is considered a permanent structure for interpretation of the Land Development Code and ordinances of the City. A kiosk may be a principal structure or an accessory structure
depending upon the circumstances existing on the property. A kiosk that is intended to operate as an independent business not associated with a principal structure or use shall require
site plan approval.
(F) Principal Structures in the Maritime-District. Within the Maritime-District (M-D) more than one (1) principal structure shall be allowed for permitted uses with site plan approval
and special review by the mayor and council.
(Ord. No. 2002-11, 6-13-2002; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-11 Accessory, amended 8-29-2002)
Sec. 3-080. Off-street parking requirements.
(A) In all zoning districts handicapped parking shall be provided as required by the Georgia Title 30 Accessibility Code.
(B) Residential district parking requirements and residential off-street vehicle parking requirements. Off-street parking facilities shall be provided and maintained on site for all
buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts.
(1) Residential dwelling units. For every dwelling unit there shall be provided at least two off-street parking spaces. A caretaker’s cottage is a separate dwelling unit and shall be
provided at least two off-street parking spaces.
(2) Nursing homes, hospitals. One parking space for each five patient beds plus one space for each staff doctor, plus one space for each employee on the largest shift.
(3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each four seats provided in the main auditorium or for each 50 square feet of floor area available
for the accommodation of movable seats in the largest assembly room or area.
(4) Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasium used in conjunction therewith). One parking space for each 200 square feet of
gross floor area devoted to such use.
(5) Private Docks. At least two off-street parking spaces must be provided for any private dock proposed for construction on a lot that has not been otherwise improved. In the event
that a private dock is proposed on a lot that has not been improved, the parking must be off-street (not on City right-of-way) and pervious.
(C) Control of access to structures used for residential purposes including but not limited to single family, duplex, triplex, two family, multifamily, townhomes, apartments, time shares,
and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following regulations shall apply:
(1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the property line. Driveways that serve duplex lots shall not have a width
greater than 15 feet per unit measured at the property line. This ordinance is not intended to prevent the installation of flared driveway ends. These flared ends, when constructed
in accordance with adopted standards and specifications, shall not count towards the width of the driveway.
(2) There shall be no more than two driveway openings on any lot of any width. The total of the widths at the property line of two driveway openings shall not be greater than 25 feet.
(3) No driveway opening shall be constructed within 25 feet of an intersection, measuring from the nearest improved portion of the right of way. However, in any instance where there
is not adequate space available and other access is not feasible, staff may permit a reduction in the distance to an intersection from a driveway in order to permit safe access to the
property.
(4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written approval of the designated city official.
(5) All newly constructed driveways serving residential units shall be constructed of pervious materials, designed to manage stormwater through the prevention of flooding and the degradation
of water quality related to stormwater runoff and soil erosion. The Designated city official shall approve all porous materials used for single-family residences. Replacement of 50%
or more of an existing driveway will result in the driveway being treated as new construction. All permit applications for pervious driveways will be accompanied by
certification from the design professional that the paving material will accommodate, at a minimum, a 25-year 24-hour storm for the area of the driveway. All permit applications for
pervious driveways will be accompanied by a maintenance schedule signed and acknowledged by the property owner.
(D) Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures or premises being occupied or used in whole or in part for commercial
activity as follows:
One parking space per each 200 square feet of retail or commercial gross leasable floor area. Compact parking spaces are permitted; however, compact parking spaces shall not comprise
more than 2 0% of the required parking. A rack able to accommodate five (5) bicycles may be substituted for one (1) required parking space.
With the submission of an application for a business license for either a new business or a business that has expanded the occupancy load of the principal structure, changed use, or
created additional occupant loads through other structures where permitting has been required by the City, a parking plan must be submitted with the application for approval by the designated
City Department. If the plan represents significant changes in parking, the plan may be determined to require site plan approval by the Mayor and council.
(3) Restaurants, nightclubs, beer parlors and similar establishments shall provide one parking space for each four seats based on a maximum seating capacity of 15 square feet per person
plus one space for each two employees. Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area.
(4) Hotels, motels:
(a) One parking space for each guest unit without a kitchen facility.
(b) Two parking spaces for each guest unit with a kitchen facility.
(c) Two parking spaces for each manager’s unit.
(d) One parking space per each 200 square feet of retail or commercial gross leasable floor area.
(e) Accessory uses such as restaurants, nightclubs, meeting rooms, or similar uses shall require one parking space for each four seats based on a maximum seating capacity of 15 square
feet per person. Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area.
(f) One parking space for every two employees.
(g) One designated delivery/loading zone.
(h) Recreational vehicle overnight connection facilities are prohibited.
(5) Maritime district:
(a) Parking shall be in conformance with required dimensions and off-street requirements of the C-1 zoning district as referenced in this section.
(b) Dock operators must provide one parking space for every 20 linear feet of each side of dock designated for recreational boaters. Docks leased to commercial boats must allow for one
space per boat, plus one space per crew and one space per each four seats for charter passengers.
(c) All parking in the maritime district that involves loading, unloading, and transporting of boats will require a parking plan submitted to the City detailing the turn radii required
for each in order to be reviewed by city staff.
(E) Off-street parking dimensions.
TABLE INSET:
Off-Street Parking Dimensions
Standard
Compact
Aisle Width
Parking Angle
Traffic Direction
8×22 feet
8×20 feet
12 feet
parallel
one-way
8×22 feet
8×20 feet
24 feet
parallel
two-way
9×18 feet
8×16 feet
15 feet
45 degrees
one-way
9×18 feet
8×16 feet
18 feet
60 degrees
one-way
9×18 feet
8×16 feet
24 feet
60 degrees
two-way *
9×18 feet
8×16 feet
22 feet
75 degrees
one-way
9×18 feet
8×16 feet
24 feet
90 degrees
one-way or
two-way
( All two-way aisles to have a 24 foot minimum width to provide for two 12-foot lane
(F) Exemptions from off-street parking requirements.
(1) Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district may expand the floor area up to 4,000 square feet without having to meet the
off-street parking requirements as long as the structure is completely located within 1,000 feet of a municipal parking lot.
(2) All churches or places of religious worship shall be exempt from all off-street parking requirements.
(Ord. No. 2000-08, 2-11-2000; Ord. No. 1995-17, 12-7-1995; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2004-12, amended 1-31-2005; Ord. No. 2004-10, amended 10-12-2004; Ord.
No. 2004-10, amended 6-10-2004; Ord. No. 2000-08, 5-24-2000; Manual, amended 11-10-1999; Ord. of 1-12-2006)
Sec. 3-090. Schedule of development regulations. *
Schedule of residential district dimensional requirements.
TABLE INSET:
Zoning
Districts
Minimum Lot Area
(square feet)
Minimum
Setback Distance
(feet)
Maximum
Structure
Height Limit
(feet)
-
Single-
Family
Two-
Family
Multi
Family
Front
Rear
Side
-
-
Single-
Family
Two-
Family
Multi
Family
Front
Rear
Side
-
R-1
12,000
Not permitted
Not permitted
20
20
10
35
R-1-B
6,600
Not permitted
Not permitted
20
10
10
35
R-2
4,500
6,750
Not permitted
20
10
10
35
R-T
7,000
8,000
8,000 buildable to 80% of the property exclusive of the setbacks
20
20
10
35
(1) In any residential district (R-1, R-1-B, R-2 and RT) where the average front setback distance for existing structures on all lots located wholly or partly within 200 feet to each
side of any lot, and within the same zoning district and fronting on the same side of the same street and on the same block as such lot, is less than the minimum setback required in
such zoning district, the front setback on such lot may be less than the required setback but not less than the existing average setback distance for all lots within 200 feet to each
side, provided that in no case shall the front setback on new construction be less than ten feet. When lots within 200 feet on each side are vacant such vacant lots shall be considered
as having the minimum required setback for the purpose of computing an average setback distance. When existing structures on lots within 200 feet on each side exceed the minimum front
setback required in such zoning district, the required setback shall be used for the purpose of computing an average setback distance.
See illustration and table for visual clarification.
Schedule of commercial district dimensional requirements.
Municipal Code Chapter 26, Article III, Fire Prevention Code, applies to all districts. See Section 26-70 for requirements for all structures closer than ten feet (measured from closest
point of structure) from property lines and multiple structures on a single lot.
TABLE INSET *:
**Zone
Minimum Lot Area
(square feet)
Front
(feet)
Rear
(feet)
Side
(feet)
Structure
Heights
C-1(A)***
0
None required except 15 feet if bordering residential use.
None required except 15 feet if bordering residential use.
35
C-1(B)
8
6
5
35
C-1(C)
1,125 per unit
20
10
10
35
C-2
10
6
6
35
M-D
20
10
10
35
TBR
20
10
10
35
( Notwithstanding the table above, when abutting public streets, any principal structure shall be located no nearer than five feet to that lot line.
** Where a commercial establishment abuts a residential use a suitable screen will be required. See Section 3-160. This screen shall be either natural (planting) or man-made and shall
be maintained in good order and approved by the Designated city official. Minimum height is six feet.
*** C-1(A) Retail uses and food/beverage service uses.
C-1(B) Hotel and motel uses, with 80 percent maximum lot coverage.
C-1(C) Residential uses, including single-family, two-family, and multi family (triplexes, quadraplexes, townhomes, apartments, tourist homes, condominiums, timeshares, and similar uses),
bed and breakfast uses, and public structures.
Structures above 35 feet. If a variance is granted by the mayor and council for a structure with a height in excess of 35 feet, in no event shall a building permit be granted without
the following restrictions:
(1) Structures greater than 35 feet in height shall be fully equipped with fire safe guards consisting of sprinkler systems, smoke detectors and any other fire protection measures deemed
necessary at the time by the mayor and council.
(2) Before a permit can be granted on said request, an affidavit of the builder and owner must be executed agreeing to same to be completed within an agreed upon reasonable time.
(Ord. No. 1995, 12-7-1995; Ord. No. 2002-6, 4-11-2002; Ord. No. 1995-17, 12-7-1995; Ord. No. 2003-01, 1-9-2003; Ord. No. 1990-09, 4-22-1999; Ord. No. 2000-12, amended 2-11-2000; Ord.
Correction to dates, amended 4-14-2005; Ord. No. 2002-01 JOY, amended 2-5-2003; Ord. No. 2002-06, amended 5-15-2002; 3-090, amended 3-20-2001, RT-deleted in error and is re-instated
by Jackie Brown 3-20-2001; Ord. No. 2000-12, amended 5-24-2000; Ord. No. 1999-, amended 12-17-1999; Manual, amended 11-10-1999; Manual, amended 10-20-1999, Corrected prior update errors;
Ord. No. 1999-09, amended 5-24-1999; Ord. of 1-26-2006(2))
Sec. 3-100. Beach, dune or vegetation disturbance.
It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon in the area within the jurisdiction of the Department
of Natural Resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq.) without having first obtained the proper federal, state, and local permits.
Within any area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq.), there shall be a ten (10) foot setback measured
from the landward toe of the landward-most dune as delineated by the Georgia Department of Natural Resources.
(Ord. Correction to dates, amended 4-14-2005; Ord. 04-2009 enacted 04-23-2009)
Sec. 3-110. Single-family residential standards / Manufactured home standards / Recreational vehicle standards.
All single-family residences, whether site built or manufactured housing, must meet the following standards:
Structure and design standards.
(1) Corrugated metal or plastic panels are prohibited as roofing materials.
(2) The exterior wall shall be material similar to traditional site-built housing. These materials may include clapboards, simulated clapboards such as conventional vinyl or metal siding
over a minimum covering of one-half inch exterior wood sheathing, wood shingles, shakes, stucco, brick, brick veneer, concrete block, or similar materials, but shall not include smooth,
ribbed or corrugated metal or plastic panels.
(3) The minimum width of the horizontal dimension of the unit as installed on the site shall be 24 feet.
(4) All structures must meet wind-loading requirements of federal emergency management administrator and the SBCCI Codes.
(B) Manufactured home safety standards. For the purposes of public safety, all manufactured homes or other such forms of modular or manufactured housing are subject to the following
requirements.
Manufactured home stand requirements. Prior to the issuance of a manufactured home relocation permit the owner of the parcel or lot for which the manufactured home is to be placed must
have an approved manufactured home stand. Such stand must have the following:
(a) Street access. Each manufactured home stand shall be provided with access frontage to a width of at least 30 feet to a public or private street or road.
(b) Electric power supply. Each manufactured home stand shall be provided with an adequate, properly grounded, waterproofed electrical receptacle with a minimum rated capacity of 100
amps. A properly sized over current device shall be installed as a part of each power outlet.
(c) Sewage disposal. Each manufactured home stand shall be provided with the means of disposing of kitchen, bath, and putrescible waste directly into a properly installed and inspected
septic tank system or an approved community sewerage collection system.
(d) Water Service Connection. Each manufactured home stand shall be provided with the means of connecting and being serviced by municipal water service.
Manufactured home development in flood hazard areas. Due to the danger of placing a manufactured home in a flood hazard area the following anchor requirements are required if a manufactured
home is placed on a lot which is located in or adjacent to a flood hazard area as described by the Federal Emergency Management Association.
TABLE INSET:
Length of Manufactured Home
(not including draw bar)
Minimum Number of Vertical Ties
Minimum Number of Diagonal Ties
Number of Required Anchors per Home
0--40 feet
2
4
8
41--60 feet
3
6
12
61--84 feet
4
8
16
This table is based on a minimum working load per tie of 3,150 pounds with a 50 percent overload (4,725 pounds total).
(a) Multiple-wide manufactured homes shall only be required to have diagonal ties and anchors in accordance with the chart above unless the manufacturer’s installation instructions require
more.
(b) Single section manufactured homes shall have diagonal and vertical ties and anchors in accordance with the chart above unless manufacturer's instructions require more.
All principal structures shall be placed on a permanent foundation. For the purposes of this section, a permanent foundation shall mean a concrete slab, concrete footers, foundation
wall, pilings or post construction which complies with the city building code.
Manufactured home siding, stairs, and foundation requirements:
(a) All manufactured homes shall have siding materials consisting of wood, masonry, concrete, stucco, masonite, or metal lap. The exterior siding material shall extend to ground level
except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.
(b) Skirting and/or siding must be in place within 45 days from the date the relocation permit is issued.
(c) Stairs and landings shall comply with sSection 112 - stairway construction of the state building code and must adhere to the following:
(i) The height of the riser shall not exceed 7 3/4 inches, and treads, exclusive of nosing shall not be less than nine inches wide.
(ii) Every tread less than ten inches wide shall have a nosing, or effective protection, of approximately one inch over the level immediately below that tread.
(iii) The width of the landing shall not be less than the width of the stairways they serve.
(iv) Every landing shall have a minimum dimension measured in the direction of travel equal to the width of the stairway. Such dimension need not exceed four feet when the stair has
a straight run.
(v) All stairways having treads located more than three risers above a floor or grade shall be equipped with a handrail not less than 30 nor more than 34 inches above the leading edge
of the tread.
(vi) The minimum width of any stair serving as a means of egress shall be a minimum of 36 inches.
(vii) If handicapped ramps are added they must be at least three feet wide and the slope of the ramp shall not exceed one foot for every 12 feet.
(5) Foundation requirements on all manufactured homes are as follows:
(a) Supports or piers shall not be more than two feet from the exterior end wall.
(b) All grass and organic material shall be removed and the foundation must be placed on stable soil.
(c) Crossover wires must be placed between the two halves.
(d) All nails or staples shall be removed or sealed.
(e) Dryer vents must be vented to the exterior of the manufactured home; not underneath.
(f) In no case shall wheels, any undercarriage or transporter unit be left on any structure.
(6) Manufactured home additions and auxiliary structures. Any significant feature added to a manufactured home that was not part of the manufacturer's original design is considered to
be either an addition or an auxiliary structure.
(a) All habitable spaces added to the manufactured home shall be constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act or within the
provisions of the state building codes.
(b) All auxiliary structures (such as porches, decks, awnings, cabanas, stairs, etc., unless provided and approved by the manufacturer) shall be entirely self-supporting, unless designed
and approved by a professional engineer or registered architect. All such structures shall be constructed in accordance with the state building codes.
(C) Temporary use of recreational vehicles on private property for dwelling purposes. No recreational vehicle shall be used for dwelling purposes on any lot in a residential district
unless a temporary permit is acquired. Such permit shall be valid for up to seven days and the lot is only eligible for a permit three times per calendar year. Only one vehicle may be
granted a permit for a lot during the duration of the permit. The temporary permit may be obtained from the designated city official during normal hours of operation at the city hall.
There is no fee for this permit. However, violation of this clause will be subject to the same enforcement as all other regulations of this Land Development Code.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-120. Access to public street required.
No structure shall be constructed or erected upon a lot, or parcel of land, which does not abut upon an open public street or permanent easement of access to an open public street. Such
easement shall have a minimum width of 15 20 feet unless an easement of lesser width was of record prior to the adoption of the ordinance from which this section is derived.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-130. Structures to be moved.
(A) Existing structures to be moved. Any structure which has been wholly or partially erected on any premises located within the city shall not be moved to any other premises in the
city until a permit for such removal is secured from the building and zoning department. Any such building or structure shall conform to all the provisions of this
Land Development Code in the same manner as a new building or structure. Structures that are determined to be historic and are contributing to the historic character of the neighborhood
or are eligible for listing on the National Register of Historic Places may be exempt from having to come into compliance with current building codes.
(B) Modular structures to be moved. No structure shall be moved into the city from outside the city until such compliance has been shown and such permit has been secured. Before a permit
may be issued for moving a structure, the building official shall inspect the same and shall determine if it is in compliance with all city and state regulations. In addition, all modular
units wishing to be located within the city limits must first provide to the Community Development Office the appropriate state certification for the construction of such a structure
from the Department of Community Affairs.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-140. Unsafe structures.
Nothing in this Land Development Code shall prevent the temporary strengthening to a safe condition of any part of any structure declared to be unsafe by the building official.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-150. Prohibited uses in residential districts.
Under no circumstances shall the following be permitted in any residential zoning district:
(A) In open areas, the parking or storing of unoccupied house trailers or converted buses in excess of 24 feet shall not be permitted.
(B) Commercial tractor trailers or rigs shall not be parked or stored on residentially zoned property at any time with the exception of trailers used for supply and equipment storage
of a properly permitted construction site.
(C) It shall be a prohibited use in all residentially zoned districts to park or store power driven construction equipment, used lumber or metal, or any other miscellaneous scrap or
salvageable material in quantity.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-160. Protective screening of adjacent residential property.
In order to provide adequate protective screening for residential districts near or abutting nonresidential areas, the following regulations shall apply to all new commercial development:
(A) Where a commercial use abuts directly upon a residential use, a vegetative landscaped greenbelt not less in width than the required setback for the property and with a well maintained
ornamental masonry wall or privacy fence no less than six feet in height above grade shall be provided and properly maintained along its entire length by the users of the commercial
property. Such greenbelt shall be planted with deciduous trees, evergreens, flowering trees, ornamental trees, or any combination of the same not set further than ten feet apart at any
given point along the greenbelt. The greenbelt shall be measured from the property line of the commercial property. In no instance will a street, sidewalk or other like improvement
be permissible as a buffer. In no instance will a dumpster be permitted in a buffer.
(B) The area beneath and between the planted trees shall be well-kept lawn free of foreign debris and unmanaged undergrowth. All landscaping shall be maintained in a healthy growing
condition, neat and orderly in appearance.
(C) All planting plans shall be first submitted to the planning commission during the commercial site plan review process for approval of the planting materials and arrangement thereof
in accordance with the provisions of this Land Development Code.
(Ord. No. 1999-24, 8-12-1999; Ord. No. 2000-09, 2-11-2000; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2000-09, amended 5-24-2000; Ord. No. 1999-24, amended 10-7-1999)
Sec. 3-165. Greenspace.
In all zoning districts, 65 percent of the designated setback area of a lot shall remain in a vegetative state.
(Ord. No. 1999-24, 8-12-1999; Ord. No. 2000-10, 2-11-2000; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2000-10, add 5-24-2000)
Sec. 3-170. Home occupations and home business offices.
Profit-making activities conducted in homes fall into two classes: home occupations and home business offices.
Home occupation. If permitted in a land use district, it must comply with the following requirements. It shall be allowed, provided that it:
(1) Is carried on by a member(s) of the family residing in the dwelling unit only. One employee who is not part of the family is permitted;
(2) Is conducted entirely within the principal structure;
(3) Utilizes not more than 25 percent of the total floor area of the principal structure;
(4) Produces no alteration or change in the character or exterior or change in the principal structure from that of a dwelling;
(5) Involves no sale or offering for sale of any article not produced or assembled by members of the family, or any service not entirely performed by members of the family, residing
on the premises;
(6) Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition;
(7) There shall be no sign or external indication of the business.
(B) Home business office. If permitted in a land use district, it must comply with the following requirements:
(1) There shall be no sign or external indication of the business office.
(2) No more than one vehicle used in the conduction of the business may be parked at the home location. Signage on this vehicle is limited to the area of the driver and passenger front
doors of said vehicle.
(3) The office may occupy no more than 25 percent of the floor area of the principal structure.
(4) The office must be located in the principal structure.
(5) Only residents of the dwelling may engage in work at the office.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-180. Satellite receiving dish antenna.
A satellite dish shall be allowed in all zones; however, in all residential zones the following requirements shall apply:
(A) Dish shall not extend more than three feet above the highest point of the roof nor be greater than 18 inches in diameter. Satellite receiving antennas placed upon the ground shall
not exceed 18 inches in diameter.
(B) Location of the antenna must be approved by the building official prior to installation.
(C) A property owner who has in place a nonconforming antenna at the effective date of the ordinance from which this section is derived may continue to maintain the antenna.
In all zoning districts, antenna will be placed so as not to create a hazard to traffic or public utilities.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-190. Swimming pool requirements and placement.
All swimming pools, spas, and saunas shall comply with the following requirements:
(A) Application for a permit to construct a swimming pool, spa, or sauna must be submitted to the building official. The structural plans must be approved by the building official prior
to the issuance of a permit and the beginning of construction and/or excavation. A drainage plan prepared by a registered professional engineer will be required unless the city staff
determines that due to the size, method of construction, location, or other characteristics of the proposed swimming pool, spa, or sauna, a drainage plan is unnecessary under the circumstances.
(B) Swimming pools, spas, and saunas and supporting electrical and mechanical equipment may be located in either the side or rear yard and shall be at least five feet from the property
line.
(C) Swimming pool, spa, and sauna construction must meet all requirements of the codes adopted by the City of Tybee Island.
(D) Once a swimming pool, spa, or sauna and its accessories have passed a final inspection it shall be a violation of this ordinance to remove or alter any of the equipment that is required
by: the International Residential Code – Appendix G, the International Building Code – Section 3109, the National Electrical Code, and the Georgia State Amendments. Failure to maintain
the safety related and/or electrical equipment in good and working order shall constitute a violation of this ordinance.
(E) No swimming pools, spas, or saunas shall be placed across, on, or beneath any utility easements nor shall any utility easement be granted which bisects a swimming pool.
(F) When a swimming pool, its deck, or other accessory to a swimming pool is proposed for construction on a site that has already been improved, the swimming pool plans and permit application
will be reviewed by the City Engineer.
(a) If there is an approved drainage plan for the site the City Engineer will review the plans for the swimming pool, deck and accessory structure to ensure that the proposed improvements
will not materially affect the drainage of the site. If they will materially affect the drainage of the site the applicant will have to have a drainage plan prepared by a design professional
before a permit for the swimming pool, deck or accessory will be issued.
(b) If the site was improved without a drainage plan, the City Engineer will review the pool plans and permit application to ensure that the swimming pool, deck or accessory structure
will not increase the amount of run-off leaving the site.
(G) Any permit for a swimming pool is required to contain a soil and erosion plan for the proposed site prior to the
issuance of a permit and commencement of any construction related activity.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-200. Decks and patios.
Decks and pPatios, as defined in Article 2, no higher than one foot above the nearest adjacent grade may be placed anywhere within the property boundaries. Decks and patios, as defined
in aArticle 2, that extend beyond one foot of the nearest adjacent grade shall be required to meet all front, side and rear setback requirements. All newly constructed decks, patios,
and walkways must be constructed of pervious materials and have those materials approved by the appropriate city personnel before commencement of construction.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-210. Child day care facilities.
Child day care facilities, when located in a district as a permitted use shall have a minimum of 100 square feet of outdoor play area for each child. Such outdoor play area shall be
enclosed by a fence not less than four feet in height.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-220. Amusement parks.
The sale of alcoholic beverages is not permitted on the property of any amusement park. Eating and drinking establishments must be housed in a fixed structure and certified by the Chatham
County Health Department.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-230. Turtle nesting protection.
The beaches of Tybee Island serve as a prime nesting site for sea turtles, an endangered species. Coastal development threatens the survival of sea turtles because artificial lighting
discourages nesting females and causes disorientation of hatchlings during the nesting season, which runs from May 1 through October 31 each year. It is the intention of the city to
offer protection to these endangered sea turtles by providing standards for lighting in the shore protection area adjacent to the city's beaches. For the purposes of this section, the
protected nesting area shall be the sand beaches of Tybee Island.
(A) Exceptions. The following point sources of artificial light are exempt from the provisions of this section:
(1) All lights necessary for the safe navigation of vessels utilizing the waters surrounding the city;
(2) All lights necessary to mark obstructions to the safe use of airspace over, above and around the city;
(3) All lights necessary for regulating the safe passage and movement of vehicular and pedestrian traffic within the city;
(4) Any light that has been specifically designated by the fire and/or police commissioner(s) as necessary for the security and safety of the human inhabitants of the city.
(B) New development. Building and electrical plans for new construction including parking lots, dune crossovers, and all other outdoor lighting that can be seen from the beach shall
comply as follows:
(1) Floodlights shall be shielded and mounted so that no light illuminates the beach and the point source of light is not visible from the beach.
(2) Pole lighting shall be shielded and mounted so that light is directed away from the seaward side of the pole and the point source of light is not visible from the beach.
(3) Low profile luminaries shall be positioned so that no light shines directly onto the beach.
(4) Dune crossovers shall utilize low profile shielded lighting so that no light illuminates the beach and the point source of the light is not visible from the beach.
(5) Lights illuminating structures and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or
they shall be turned off from sunset to sunrise during the period of May 1 through October 31 of each year.
(6) Temporary security lights at construction sites shall not be mounted higher than 15 feet above ground and shall be positioned not to illuminate the beach.
(C) Existing development. All lighting shall come into compliance with the following standards:
(1) Lights illuminating structures and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or
they shall be turned off from sunset to sunrise during the period of May 1 through October 31 of each year.
(2) Lights illuminating crossovers shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be
turned off during the period of May 1 through October 31 of each year.
(3) Security lighting shall be shielded or screened so that the beach is not illuminated and the point source of light is not visible from the beach, or low profile luminaries may be
used.
(D) Publicly owned lighting. Streetlights and lighting of publicly owned beach access areas must be in compliance with the following:
(1) Wherever possible, streetlights shall be located, shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from the beach.
(2) Lights at parks or other public beach access points shall be shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from
the beach or, if not necessary for security or public safety, utilization may be discontinued during the nesting season.
(Ord. Correction to dates, amended 4-14-2005)
Sec. 3-240. Wetlands protection.
U.S. Army Corps of Engineers determination shall be required prior to the issuance of a permit for any regulated activity within the wetland protection district. If the corps determines
that wetlands are present and that a Section 404 permit or letter of permission is required, no permit for the regulated activity will be issued until the corps has issued the Section
404 permit or letter of permission. If the corps determines that there are no wetlands present on the proposed development site, Tybee Island may proceed with its normal permitting procedures.
(Ord. No. 2000-11, 2-11-2000; Ord. No. Correction to dates, amended 4-14-2005; Ord. No. 2000-11 Wetlands Protection, add 5-24-2000)
Sec. 3-250. Private Parking Lots.
Notwithstanding any other ordinance or provision to the contrary, individuals owning property suitable for vehicular parking may apply to the city for a business license so as to authorize
them to charge for parking on their property, regardless of the zoning of the property so long as the property abuts a public road, during such times as may be established by the Mayor
and council or authorized City staff. In general those times shall be in connection with special events or holiday weekends or holidays and the heavy tourist season and shall include
all dates from St. Patrick’s Day through Labor Day and such license shall authorize the holder thereof to rent out parking spaces solely on the holder’s property between the hours of
08:00 a.m. and 09:00 p.m., or the duration of the event, the weekend or holiday, all as stated on the license. It shall be unlawful to rent spaces in any district without a valid business
license issued by the City of Tybee Island.
With submittal of the application for business license, each applicant must provide the city with a professional survey of the lot or lot corner demonstration which is to be used along
with a site plan of the location showing the parking spaces and structure location that will be rented. In addition, these submittals are required to have a scaled drawing of the parking
spaces to be located upon the proposed location. After the submittal of the application, staff shall have the authority to recommend to Council a maximum number of spaces allowed to
be utilized at the requested parking lot. Upon submittal of the applications and all pertinent materials, the mayor and council will hear the request for application at their next regularly
scheduled meeting of the City council. Public comments, if any, will be allowed to be made at these meetings and allow for property notification to adjacent property owners of the application.
Council may reject any such application or may approve the application with conditions designed to protect neighboring properties & households including, but not limited to, restricting
the number of vehicles allowed to be parked on site, the location of vehicle parking, the type of vehicles permissible for the location, the hours of operation, the requirement of security
measures, buffers, noise control methods & any other condition or requirement reasonably designed to lessen the impact of the activity upon other properties or citizens.
Each license to operate a private parking lot on Tybee Island will be subject to an annual review for compliance. If compliance is not met, the license may be revoked by City council
upon a hearing that will take place during a regularly scheduled City council meeting.