HomeMy Public PortalAbout130_091_06-2012 Art V - rev 01 09 12 (2)
ORDINANCE NO. 06-2012 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO ARTICLE V, OF THE LAND DEVELOPMENT CODE FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected
governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances
to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt this ordinance under its police, zoning, and home rule powers, and WHEREAS, public hearings
have been conducted in connection with various amendments to the Land Development Code and, in particular, Article V thereof and Council has determined that amendments are in order for
the following sections which are amended as provided in the attachments hereto with respect respect to: Section 1: Section 5-001, General Approval Procedures Section 5-110, Standards
for Land Development Code or Zoning Map Amendment Approval Section 5-111, Conditional Zoning Section 5-120, Sign Permit Approval Section 5-130, Major Subdivision Plat Procedure Section
5-140, Minor Subdivision Plat Approval Procedure Section 5-150, Standards for Subdivision Proposals Section 2: The sections of the Land Development Code identified in Section 1 hereof
are hereby amended in accordance with the final versions attached hereto. It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances,
City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on ________ day of
__________________, 2012 unless otherwise indicated. ADOPTED THIS DAY OF , 2012. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: _______ SECOND READING:
_______ ENACTED: _ (EMH/TYBEE/ORDINANCES/2012/06-2012 Art V -12.30.11 Rev – 01.09.12 to remove 05-010
Sec. 5-001. General approval procedures. A. Consistent with the Master Plan, the provisions of this Land Development Code (LDC) apply to all land uses, subdivisions, and development
within the City of Tybee Island. B. No land shall be used and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accord
with the provisions of this code. C. No Permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Land Development Code D. It
shall be unlawful, and a violation of this code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements
of this code. E. Neither the provisions of this code nor the approval of any permit authorized by this code shall authorize the maintenance of any public nuisance.
Sec. 5-110. Standards for Land Development Code or zoning map amendment approval. In order to promote the public health, safety, and general welfare of the city against the unrestricted
use of property, the following standards and any other factors relevant to balancing the above stated public interest will be considered, when deemed appropriate, by the mayor and council
in making any zoning decision: (A) The existing land use pattern; (B) The possible creation of an isolated district unrelated to adjacent and nearby districts; (C) The existing population
density pattern and the possible increase or overtaxing of the load on public facilities; (D) Whether changed or changing conditions make the passage of the proposed amendment reasonable;
(E) Whether the proposed change will adversely influence existing conditions in the neighborhood or the city at large; (F) Potential impact on the environment, including but not limited
to drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity; (G) The reasonableness of the costs required of the public in providing, improving,
increasing or maintaining public utilities, schools, streets and public safety necessities when considering the proposed changes: 1. If roads, water, sewer, and public safety are found
to be adequate the Mayor and Council may approve the application. 2. If roads, water, sewer, or public safety are found to be inadequate the Mayor and Council may deny the application.
(H) Whether the proposed change will be detrimental to the value or improvement or development of adjacent or nearby property in accordance with existing requirements; (I) Whether the
proposed change is out of scale with the needs of the neighborhood or entire city; (J) Whether the proposed change will constitute a grant of special privilege to the individual owner
as contrasted with the adjacent or nearby neighborhood or with the general public; and,
(K) The extent to which the zoning decision is consistent with the current master plan or other local planning efforts, if any, of the city.
Sec. 5-111. Conditional zoning. In conjunction with the approval of a rezoning of property in accordance with this article, the mayor and council may impose conditions to rezoning approval
which shall have the full force and effect of law. A condition to rezoning approval may be imposed regardless of whether it is agreed to by the applicant or property owner. Use or development
of the rezoned property shall not be permitted unless the conditions are fully complied with. A property owner may request an amendment to any condition imposed by the mayor and council
by application to the city and compliance with the procedures for rezoning of property. (Ord. of 9-28-2006)
Sec. 5-120. Sign permit approval. It is the responsibility of the designated city official to determine whether the information provided by the applicant meets the requirements of the
sign regulations in article 6. Once a determination is made the designated city official may grant sign approval. Sign permit approval does not constitute approval of any other zoning
action or permit.
Sec. 5-130. Major subdivision plat procedure. It shall be the duty of the planning commission to inspect preliminary plats and to recommend approval or disapproval of such plats. It
shall be the duty of the planning commission to inspect final plats for major subdivisions and the information submitted with such final plats, and to recommend approval of such final
plats when the requirements of this article have been met and to recommend disapproval of such final plats when the requirements of this article have not been met. When the planning
commission acts on a plat, it shall forward it to the mayor and council with its recommendations. (A) Action on preliminary plat. If the planning commission finds that the proposed design
of the subdivision shown on the preliminary plan complies with the design requirements of these regulations, it shall recommend approval of such preliminary plat to the mayor and council.
If the planning commission finds that the proposed design of the subdivision shown on the preliminary plat does not comply with the design requirements of these regulations, then the
planning commission shall either recommend disapproval of such plat or shall recommend approval of such plat on the condition that specified violations are corrected prior to the submittal
of the final plat. The mayor and council, following review by the planning commission, shall hold a public hearing in accordance with the procedures applicable thereto. Following the
public hearing, the mayor and council may approve, disapprove or require modifications to the subdivision plat. (B) When preliminary plan approved, work may proceed. When a developer
receives approval of the preliminary plat showing the design of the proposed subdivision and approval of the related construction drawings, he may proceed with the construction of the
subdivision. Such construction shall conform to the design approved by the mayor and council. (C) Time limit on preliminary approval. The mayor and council 's approval of a preliminary
plat shall be valid for one year. If a permit has not been issued for a subdivision which has been granted preliminary plat approval on or before the end of this one-year period, then
the plan of such subdivision shall be resubmitted for preliminary approval. (D) Final plat. Before a plat of a subdivision is recorded with the clerk of the Superior Court of Chatham
County and the lots thereon offered for sale, an original and twelve prints of a final plat showing the final design of the subdivision shall be submitted to the planning commission
and the mayor and council for review. Until a final plat of a subdivision has been submitted to and reviewed by the planning commission and approved by the mayor and council, and signed
by the designated city official, mayor, and clerk of the city, the clerk of the Superior Court of Chatham County shall not record the plat of such subdivision, nor shall the owner or
agent of such subdivision be authorized to transfer or sell any of the land within such subdivision by reference to a plat. For large subdivisions, the final plat may be submitted for
approval progressively in
contiguous sections satisfactory to the planning commission and the mayor and council. The original copy of the final plat shall be drawn on 18" x 24" sheets of Mylar reproducible material
at a scale of not less than 200 feet to the inch. Where necessary, the final plat may be several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall
contain the following information: (1) Primary control points to which all dimensions, angles, bearings, and similar data on the plat shall be referred. (2) Tract boundary lines; right-of-way
lines of streets; easements and other rights-of-way; property lines of all lots; and in all such cases with surveyed dimension, bearings or deflection angles, radii, arcs, and central
angles of all curves shown. (3) Name and right-of-way width of each street or other right-of-way. (4) Location, dimensions, and purpose of any easement. (5) Number to identify each lot
or site. (6) Purpose for which sites, other than residential lots, are dedicated or reserved. (7) Minimum building setback line on all lots and other sites. (8) Location and identification
of monuments. (9) Names of record owners of adjoining unplatted land. (10) Reference to recorded subdivision plats of adjoining platted land by record name. (11) Certificate that all
survey work was performed by a State of Georgia registered civil engineer or State of Georgia registered land surveyor. (12) Statement by owner, on the plat, dedicating streets, rights-of-way,
easements, and any sites for public use. This statement shall be signed by the owner, or his attorney as agent, and shall read as follows: All streets, rights-of-way, easements, and
any sites for public use as noted on this plat are hereby dedicated for the use intended. ________________________________ (owner or attorney as agent) Such dedications must be formally
and specifically accepted by the mayor and council of the city before such dedications shall be binding on the city.
(13) Title, scale, north arrow, and date. (14) Key map showing the location of the subdivision in the city. (15) All plats shall show the expected limits of the 100-year flood where
appropriate. (16) Any further requirements as specified by O.C.G.A. § 15-6-67. (E) Reserved. (F) Certificate from county health department. If lots are to be served by neither public
sewers nor public water, nor both then the final plat shall be accompanied by a certificate from the Chatham County Health Department certifying approval of the water supply system and/or
waste disposal system to be used and approval of lot sizes and lot widths established in such subdivision. (G) Certificate from engineer. At the time the final plat is submitted, it
shall be accompanied by a certificate from the developer's engineer certifying that the subdivider has complied with either of the following conditions: (1) All improvements have been
installed in accord with the requirements of this article and the Flood Damage Prevention provisions for the city (Article 8 of this Land Development Code) and in accord with the design
approved by the mayor and council on the preliminary plan; and (2) A bond, escrow account or certified check has been posted, which is available to the city, and in sufficient amount
to assure the completion of all required improvements, as well as to assure the maintenance thereof for a period of not more than 12 months after completion. The mayor and council may
reduce the bond or escrow account 50 percent at the end of six months. At the end of the second six months, the developer shall request an inspection, and if no faults or failures have
developed, the mayor and council shall release the bond or escrow. Such bond or escrow shall remain in force until released by the mayor and council after due inspection of said improvements
and shall not automatically expire at the end of 12 months. (H) Filing the final plat. The final plat shall be filed with the planning commission not less than the first day of the month
prior to a a regular meeting of the planning commission. (I) Action on final plat. If the planning commission finds that all the requirements of this section have been met, it shall
recommend approval of the final plat and submit such plat to the mayor and council. If the planning commission finds that all the requirements of this section have not been met then
the planning commission shall recommend
disapproval of the final plat to the mayor and council. (1) When the final plat has been approved, the city shall present the final plat to the clerk of the Superior Court of Chatham
County to be recorded. The designated city official shall provide the subdivider with the subdivision map book number and page number in which the subdivision has been recorded by the
clerk of the superior court. The cost of such recording shall be paid by the subdivider and shall be deposited with the city clerk prior to such recording. (2) After the final plat of
the subdivision has been recorded, then all lots shown on such subdivision may be made available for sale and such subdivision shall be entitled to all privileges and services available
to other subdivisions within the city. (J) Revisions to recorded plat. If during the development process revisions must be made to either the preliminary or final plat as approved by
the health department, engineer, planning commission, or mayor and council, the following shall apply: apply: (1) Major revisions. The subdivider shall file with the planning commission
copies of the proposed revision to a recorded plat together with all supporting information as required by these regulations. Proposed revisions to a recorded plat which alter or change
in any way the street and/or utility layout of said plat shall be submitted as a preliminary plan in accordance with Subsection (A) of this section. (2) Minor revisions. Proposed revisions
to a recorded plat which do not alter or change in any way the street and/or utility layout of said plat shall be submitted as follows: the subdivider shall file with the planning commission
thirteen copies of the original plat with all minor revisions shown in red. The plats shall be accompanied by a statement signed by all affected property owners acknowledging their awareness
of and approval of the revisions. Proposed revisions shall be reviewed by the planning commission. The revised plats shall then be submitted to the mayor and council. If approved the
the plat shall be recorded and one copy shall be attached to the originally recorded plat as part of the public record. (Ord. No. 1999-28, 8-12-1999)
Sec. 5-140. Minor subdivision plat approval procedure. Minor subdivisions may be submitted as final plats, and shall comply with the requirements of these regulations, including minimum
finished floor elevation requirements, with the following exceptions: (A) Topographic information shall be required. (Ord. No. 2003-21, 10-9-2003) (B) Only one benchmark shall be required.
An existing accessible benchmark within 200 feet of petitioner's property, if shown on the plat, shall satisfy this requirement. (C) A drainage plan with supporting calculations is required.
The plan and calculations shall be prepared by a professional engineer licensed by the State of Georgia to provide such services. (D) Provided that where a series of minor subdivisions
are developed or proposed immediately adjacent to one another, the planning commission or mayor and council may require the developer to comply with the procedures for major subdivisions.
(E) Residential lots having peculiar shape or topography may be approved utilizing private driveway access easements, provided the purpose and intent of these regulations are met. Such
easements shall have a minimum width of 20 feet as required by Section 3-120. The following notation shall be placed on the subdivision plat: "The private driveway access easement is
hereby dedicated perpetually for use by the owners and residents of all lots within this subdivision and will not be maintained by the city." (F) Duplexes separated by a firewall that
extends at least three feet above the roofline. (G) In the event the applicant has no present plans to construct on the property, an appropriate statement shall appear upon the plat
to the effect that all drainage requirements must be met prior to the issuance of a building permit on any lot in the subdivision and that there will be compliance the flood damage prevention
regulations in Article 8 except to the extent the requirements of that article may be inconsistent with this section. (Ord. No. 2003-21, 10-9-2003; Ord. No. 2004-17, 8--2004; Ord. No.
2004-17, 8--2004; Ord. No. 2004-17, amended 1-12-2005; Ord. No. 2003-21 Minor Subdivision, amended 12-15-2003)
Sec. 5-150. Standards for subdivision proposals. (A) All subdivision proposals shall be consistent with the need to minimize flood damage. (B) All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (C) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards. (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development.