HomeMy Public PortalAbout175_Article 3 General Provisions Marked with PC Comments inserted sections removed 2-17-11 CITY 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 Buildings Structures to be moved.
3-140 Unsafe Buildings 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, patios, and carports 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, 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. (Sec. 3-020, sentence that begins “Any nonconforming structure…” I think
we should add something like “…unless the damage exceeds 50% of the replacement cost. If the damage is greater than 50% of the replacement cost, then the structure must be brought into
full conformance” to the end of this statement. The 50% rule is used elsewhere in this article. It seems reasonable to me that it should apply under these circumstances too instead
of perpetuating nonconforming uses forever. Our goal should be to bring everything into conformance over the very long haul.)
Any residentially used nonconforming structure may be demolished and rebuild 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). (Same section, last paragraph/sentence. I can see two reasons for demolition: (1) as a result of damage
and (2) voluntary demo to replace a small structure with a nicer, larger one. I believe if the demo is voluntary, then the new structure should be made to conform. See #1above for
my thoughts on demo related to damage.)
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.
(Ord. Correction to dates, amended 4-14-2005; Ord. No. 2005-04, amended 4-14-2005)
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 or within
400 feet of the 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. (page 6, Section 3-080, paragraph (B) (5)
regarding private docks: Should we add a requirement that there will be no parking in the marsh or in the buffer between the road or street and the marsh.)
(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. Two driveway openings on a corner lot shall be located on the same side of the lot The total of the widths
at the property line of two driveway openings shall not be greater than 25 feet.
(3) Two driveway openings shall not be closer than 50 feet from each other on the same lot.
(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. (Sec. 3-080(C)(3), at the end of the paragraph I think we need to make some sort of qualifier for higher speed areas such as “…unless the property is located on a street with
posted speed limit of 30 mph or more.”)
(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, including, but not limited to gravel, crushed coral, oyster shells, pervious
concrete, and the like 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 principle 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: one parking space for each room to be rented
(a) One parking space for each guest unit without a kitchen facility.
(b) Two parking spaces for each guest unit with a kitchen facility. (Sec 3-080(D)(4) – It doesn’t seem to me that relating parking space requirements to kitchen facilities is the correct
criterion. I recommend the relation be between number of sleeping accommodations and parking requirements. If your argument against this is people will sleep all over the place including
the floor, then add an additional criterion that supplements beds with floor area, like “one parking space for each sleeping accommodation + one additional parking space per 60 square
feet of carpeted floor area not occupied by sleeping accommodations.”)
(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) Handicapped parking shall be available and accessible.
(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
13 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
M-D
4,500
Not permitted
6,750
Not Permitted
Not Permitted
20
10
10
35
C-MD
-
-
8,000
Buildable to
80% of the property
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
In the event of detached duplexes, the minimum lot size shall be 9,000 square feet and there shall be separation of open space of 20 feet between the closest points of the combined dwelling
units. Further, all other setback requirements apply.
(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 Yard
(feet)
Rear Yard
(feet)
Side Yard
(feet)
Structure
Heights
C-1(A)***
0
None required except 25 15 feet if bordering residential use.
None required except 25 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 principle building 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 manmade and shall
be required. 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.
Buildings 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: (Sec. 3-090(C), recommend adding a para (3) that states something like “The portion of the structure above 35’ must not create a visual block to neighboring
structures. If it proves to be a visual block after completion, it will have to be removed.”)
(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. (page 11, Section 3-100 first
paragraph: Should we add a requirement for Special Review as defined in Section 5-070 before any permit to “damage, destroy, remove or alter in any way” the beach, dunes or vegetation
thereon is granted?)
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. (page 11, Section 3-100 second paragraph: Should we define this 10 foot
setback as a “no build” zone, from which there will be no permits or variances granted.)
(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: (Sec. 3-110, should manufactured homes be allowed only in certain areas?
Do we need a special zoning classification for them? Many citizens often think they are not of the same quality as site built homes, detract from the aesthetics of a residential area,
and devalue their property.)
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 principle 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 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. 3-150. 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. (Sec. 3-150(A), I recommend we define “open areas.”
I also recommend we disallow the parking of either unoccupied house trailers or converted buses; otherwise people could park a 23 foot house trailer in an open lot in perpetuity as
long as they had the owner’s permission. I don’t believe we want that.)
(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. (Sec. 3-150(B), I recommend we limit the size of construction equipment storage trailers and insist they be promptly removed upon completion
of construction.)
(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 district use abuts directly upon a residentially zoned district 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.
(D) Where there is not adequate space to provide such a tree lined buffer a ten foot wide arboreal greenbelt shall be provided with a well maintained ornamental masonry wall or privacy
fence no less than six feet in height above grade set back ten feet from the property line.
(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.
Findings and purpose: the preservation of greenspace is important to the health and welfare of the city’s citizens and aids in the reduction of drainage problems associated with development;
and the preservation of greenspace and permeable surfaces will preserve aesthetic features of the landscape and provide for the free flow of air, light, etc. Therefore, in the interest
of the public health, safety and welfare, the mayor and council find that the imposition of a permeable surface requirement into the setback spaces of lots is appropriate.
In all zoning districts, 65 percent of the designated setback area of a lot shall remain consist of permanent permeable surface to permit the absorption of water and shall not be paved,
built upon, or covered in such a way as to interfere with the permeability of the surface in a vegetative state. (page 15, Section 3-165, Greenspace Is it the intent is to require 65%
of the actual designated setback area to be left in its natural vegetative state, or an area of the lot equivalent to 65% of the designated setback area? Is the language clear?)
(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 principle structure;
(3) Utilizes not more than 25 percent of the total floor area of the principle structure;
(4) Produces no alteration or change in the character or exterior or change in the principle 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 principle structure.
(4) The office must be located in the principle 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)
(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 [and] shall be provided 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. Also as required by article V, chapter 58 of the City Code, eEating 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.
(Sec. 3-230(D)(1), recommend we delete the words “Wherever possible” at the beginning of the sentence.)
(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. (page 19, Section 3-240What is the definition of “wetland protection district,” and where do we find that definition. (Section 5-10 (K)?, Article 15?)
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)