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.