HomeMy Public PortalAbout28-2010 Sec 3-190 10 20 10 ordinance form
ORDINANCE NO. 28-2010
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
PERTAINING TO SEC. 3-190
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 ordinances under it police, zoning, and home rule powers, and
WHEREAS, the City of Tybee Island so as to amend in particular Section 3-190 pertaining to swimming pool requirements and placement, and
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Section 3-190 of the Land Development Code of the City of Tybee shall be amended so as to hereafter
provide as follows:
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, nor be located
within five (5) feet of any marsh buffers as delineated by the Georgia Department of Natural Resources.
(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.
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 __________________, 2010.
ADOPTED THIS DAY OF , 2010.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
EMH/TYBEE/ORDINANCES/2010/28-2010 Sec 3-190 10.20.10