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HomeMy Public PortalAbout180_Doc_Doc3-020MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tern Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes Agenda Item Requests must be submitted to the Clerk of Council by 10:00am the Friday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 03/24/2011 Item: First Reading — Section 3 -020, Continuance of Nonconforming Uses /Structures Explanation: Budget Line Item Number (if applicable): N/A Paper Work: X Attached* Already Distributed To Be Landed Out at Council Meeting (by Requester) Audio /Video Presentation" Thirteen copies for packets must be provided with request. Audio /video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessv information ns not provided. Submitted by: Dianne Otto Phone / Email: ext. 136 / dotto&cityoftybee.org Comments: Date given to Clerk of Council: 03/16/2011 P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328 -2749 (866) 786 -4573 — FAX (866) 786 -5737 www.cityoftybee.org Updated: 1/05/2010 See. 3-020. Continuance of nonconforming uses/structures. A. Any structure or use existing at the time of the enactment of the ordinance, March 24, 1971, 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 and all work meets all applicable building, state, and federal, regulations including those set forth by FEMA. 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. Z. Any residentially used 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. C. A nonconforming commercially used structure in a residential zone may not be extended or expanded physically and the nonconforming use may not be expanded or increased. No variance may be granted to the terms of this subsection.