The following districts of the City of Tybee Island are hereby created:

(A)

R-1 single-family residential;

(B)

R-010-B single-family residential;

(C)

R-2 one and two-family residential;

(D)

R-T residential tourism;

(E)

C-1 beach business;

(F)

C-2 highway business;

(G)

NM neighborhood marina;

(H)

TBR transitional business-residential;

(I)

PC parks-conservation;

(J)

EC environmental-conservation;

(K)

PUD planned unit development;

(L)

MD maritime district;

(M)

Reserved;

(N)

Reserved;

(O)

South End business overlay district;

(P)

North End parks and public overlay district;

(Q)

North End cultural overlay district;

(R)

Neighborhood grocery store district.

(Ord. No. 2000-13, 2-11-2000; Ord. No. 2000-13, amended 5-24-2000; Ord. of 6-26-2008(1); Ord. No. 29-2008, § I, 1-8-2009, § I; Ord. No. 15-2009, 10-22-2009)

The location of boundaries and zoning districts shall be shown on a map entitled "Tybee Island Zoning Map" dated April 22, 1999, as amended and readopted on December 10, 1999, and as amended and readopted on March 27, 2014, and said map may be amended subsequent to the adoption thereof; and said map is made part of this Land Development Code and a second original of such map shall be attached to the minutes of the meetings for the first and second readings of this Land Development Code and said map is hereby incorporated herein to the same extent as if the information set forth on said map was fully described and stated herein. Amendments to the zoning map shall be reflected on the "Tybee Island Zoning Map of the City of Tybee Island" when they become effective and said map shall be on file in the office of the clerk of council of the city. This section repeals the prior zoning map and substitutes the map dated March 27, 2014, in its stead.

Tybee Island Zoning Map block

The city zoning map was adopted following public hearings the 27th day of March, 2014. This map incorporates the map originally adopted April 22, 1999, and readopted on December 10, 1999, as amended.

(Ord. No. 1999-07, 4-22-1999; Ord. No. 1999-, amended 12-17-1999; Ord. No. 1999-07, amended 5-24-1999; Ord. No. 19-2014, § 1, 3-27-2014)

Unless otherwise shown on the zoning map, the boundary lines of districts are:

(A)

Rear lot lines;

(B)

The centerline of streets, alleys or extended from such points where specific linear distances are denoted on the "official zoning map;"

(C)

Railroad right-of-way lines;

(D)

Shore line of creeks, rivers, and ocean; or,

(E)

The corporate limit line as it exists at the time of the enactment of the ordinance from which this section is derived.

Questions regarding the exact location of district boundary lines shall be determined by the mayor and council in accordance with the provisions of this Land Development Code.

In most instances, zoning district lines on the zoning map are drawn to follow streets, land lot lines, property lines, and other natural divisions. In the event a zone line should divide a lot or parcel of land, the entire lot or parcel shall be considered to be that of the least intense land use classification.

(A)

R-1 residence district. This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also, to provide for quiet, livable, low-density single-family neighborhoods including compatible and supporting low impact educational, religious, and public institutions, as well as limited provisions for bed and breakfast operations. The character of development in these areas is oriented for permanent residents. This district shall remain single-family residential with some light family oriented service uses. Commercial and industrial uses are incompatible with this district.

(1)

Uses permitted by right. In a R-1 residence district, land may be used and buildings or structures may be erected or used for the following purposes:

a.

Single-family dwellings;

b.

Nonhabitable accessory buildings;

c.

Public utility structures;

d.

Home business offices; and,

e.

Public community buildings, libraries, recreation centers and museums.

(2)

Uses permitted after special review. In an R-1 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting:

a.

Bed and breakfast, residential;

b.

Reserved;

c.

Primary and secondary schools;

d.

Nursing homes and ancillary activities;

e.

Public parks and neighborhood playgrounds;

f.

Churches, including Sunday schools or educational buildings;

g.

Schools of general education, including kindergarten and day nurseries;

h.

Guest cottages; and,

i.

Home occupations.

(B)

R-1-B residence district. In an R-1-B residence district, land may be used and buildings or structures may be erected or used for the purposes stated above in the R-010 residence district regulations; the only distinguishing factor being one of density. [See section 3-090(1), "schedule of residential district dimensional requirements."] The purpose of R-010-B districts is to provide a transition from R-010 to higher density development. This is intended to ensure adequate infrastructure capacity and mitigate adverse impacts associated with more intensive land uses.

(C)

R-2 one- and two-family residential district. The purpose of this district is to provide for affordable development of single-family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and livable. This district includes a mixture of one- and two-family homes with compatible educational, religious, and public institutions as well as limited home occupations.

(1)

Uses permitted by right. In an R-2 residence district, land may be used and buildings or structures may be erected, altered, or used for the following purposes:

a.

Uses permitted in R-1 residence district; and

b.

Two-family dwellings, (see also subdivision regulations).

(2)

Uses permitted after special review. In an R-2 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting.

a.

Uses permitted after special review in R-1 residence district.

(D)

R-T residential tourist district. The purpose of this district is to provide for areas where tourists and residents are mixed. Development in this district is primarily residential; however, limited accommodations are made for the housing of the tourist population visiting overnight, weekends, weeks, or extended periods.

(1)

Uses permitted by right. In an R-T residential tourist district, land may be used and buildings or structures may be erected, altered or used for the following purposes:

a.

Uses permitted by right in R-2 residence district only.

(2)

Uses permitted after special review. In an R-T residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting.

a.

Apartment houses and condominiums exceeding two units.

b.

Bed and breakfast inns, exceeding five units per lot subject to an approved site development plan as required in Article 5.

c.

Theater facilities or houses that are historical in nature, when the review process includes standards and/or restrictions as to hours of operation, and requirements with respect to lighting, signage, and buffering so as not to unreasonably interfere with the residential uses of abutting properties. A parking plan shall also accompany any such application. Any permitted use must adhere to the approved standards, restrictions and parking plans and any other conditions imposed by the mayor and council.

Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code.

(E)

C-1 beach business district. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of the city's residents and visitors. The focus of the C-1 beach business land use district is to provide for commercial and residential land uses that support and complement recreational use of the beach and general tourism of the island. The land uses permitted in this district provide for a substantial amount of the island's employment base. The amount of C-1 acreage is directly proportional to the city's economic activity. These land uses are designed to harness economic activity of the daytime visitor as well as residents and overnight visitors.

Multi-family uses are not permissible in the following areas included within the C-1 beach business district:

(i) On the lots abutting Butler Avenue on the east and west sides thereof, from 14th Street, commencing at its southernmost intersection with Butler Avenue, to Izlar Avenue at its southernmost intersection with Butler Avenue;

(ii) On lots abutting Tybrisa Street on the north and south sides from Butler Avenue to Strand Street; and

(iii) On lots on Strand Street abutting that street on the western boundary thereof from 14th Street beginning at its northernmost intersecting point with Strand Street to 17th Street at its northernmost intersecting point with Strand Street. Notwithstanding the foregoing, multi-family residential uses shall be permissible on floors above the first or ground floor of business establishments located in such areas.

(1)

Uses permitted by right after site plan approval. In a C-1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, the planning commission has reviewed the site plan and made comments, and the mayor and council has granted site plan approval at a scheduled meeting.

a.

Apartments, condominiums, townhouses, guest cottages, hotels, motels, time shares, tourist homes, bed and breakfast inns; plus single-family, two-family, three-family, and four-family dwellings;

b.

Apothecary shops;

c.

Gift shops;

d.

Barbershops, beauty shops;

e.

Finance, investment and insurance offices;

f.

Florist shops;

g.

Restaurants, concession stands;

h.

Commercial amusements, including amusement parks and other commercial games and sports;

i.

Retail stores; and

j.

Public structures.

(2)

Uses permitted after special review and site plan approval. In a C-1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval.

a.

Lounges and package shops, for the retail sale of malt and alcoholic beverages.

b.

Dwellings or structures rented for special events. For all uses in a dwelling or structure to be rented for special events as defined herein, special approval and review shall include consideration of all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to limitations to be placed thereon; and approval by the planning and zoning department; the methods of lighting signage and buffering as necessary to provide reasonable protection to nearby property owners.

Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per 15 square feet of usable exterior space.

As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities, parties, receptions, weddings, ceremonies and similar activities or occasions conducted on the property.

A "parking plan" as used herein may include off-site parking arranged by the applicant or owner subject to the approval of the planning and zoning department; parking must accommodate one place per four persons as determined by occupancy as specified herein.

Any permitted use must adhere to the approved standards, restrictions, plans and conditions imposed by the mayor and council and/or the planning and zoning department.

(3)

Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in C-1 beach business district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this Code.

Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code.

(F)

C-2 highway business district. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of the city's residents and visitors. The focus of the C-2 highway business land use district is to provide for commercial land uses that support and complement the motorized consumer. C-2 districts are intended for location along arterial streets where the negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized.

(1)

Uses permitted by right after site plan approval. In a C-2 business district, land may be used and buildings or structures may be erected, altered or used only for the following purposes once the required site plan has been reviewed by the planning commission and approved by the mayor and council:

a.

Service stations;

b.

Restaurants, including drive-in restaurants;

c.

Gift shops (goods sold within an enclosed building);

d.

Motels;

e.

Grocery stores;

f.

Tourist homes and bed and breakfast inns;

g.

Parks, playgrounds and recreation facilities under the supervision of the city;

h.

Professional and business offices;

i.

Retail stores;

j.

Marinas; and

k.

Seafood warehouses, retail and wholesale sales.

(2)

Uses permitted after special review and site plan approval. In a C-2 highway business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval.

a.

Lounges and package shops for the retail sale of malt and alcoholic beverages.

b.

Dwellings or structures rented for special events. For all uses in a dwelling or structure to be rented for special events as defined herein, special approval and review shall include consideration of all relevant factors including but not limited to the availability of parking or an appropriate parking plan, the hours of operation and any limitations to be placed thereon, the capacity of the dwelling or structure in terms of occupancy, compliance with applicable noise limitations with the express authority of the mayor and council to impose stricter requirements than would otherwise be permissible for the impacted zoning districts; the use of live entertainment or amplified sound equipment subject to limitations to be placed thereon; and approval by the planning and zoning; the methods of lighting signage and buffering as necessary to provide reasonable protection to nearby property owners.

Each such authorized structure shall be subject to an established occupancy as determined by the fire marshal and events that are likely to result in an occupancy greater than that permitted shall require an additional application to the city with adequate information for staff to assess the additional impact from the anticipated occupancy including all of the factors listed herein and to permit staff to grant a permit for such event with additional conditions. For events that contemplate the use of premises outdoors, the occupancy shall be based upon a calculation of one person per 15 square feet of usable exterior space.

As used herein the term "dwellings or structures rented for special events" means a facility used or available for hire for festivities, parties, receptions, weddings, ceremonies and similar activities or occasions conducted on the property.

A "parking plan" as used herein may include off-site parking arranged by the applicant or owner subject to the approval of the planning and zoning department. Parking must accommodate one place per four persons as determined by occupancy as specified herein.

Any permitted use must adhere to the approved standards, restrictions, plans and conditions imposed by the mayor and council and/or the planning and zoning department.

c.

Miniature golf courses.

d.

Uses as of right:

1.

Residential uses permissible in the R-2 district including those permissible as of right and after special review. The uses permissible in R-2 after special review shall also require special review to be permissible in the C-2 zone.

2.

Following required site plan approval for commercial development residential uses above commercial shall be allowed by right if onsite parking is available.

(3)

Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in C-2 highway business district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this Code.

Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code.

(G)

N-M neighborhood marina district. The purpose of this district is to reserve those waterfront areas which have value for commercial land uses involving pleasure and commercial watercraft. The N-M district is intended to be used for neighborhood marina facilities with a modest scale of operation. These facilities shall be developed to be compatible with any adjacent residential properties and shall not be detrimental to persons or property on or off the site.

(1)

General requirements. A site plan shall be submitted to the planning commission for review and to the mayor and council for approval that meets the requirements of Article 5 and contains the following information:

a.

A document indicating the general operating hours of all activities to be included in the marina and what safeguards are to be used to insure that the marina's activities will not become or represent a nuisance or hazard to the surrounding property owners or tenants thereof. Examples of additional subjects to be covered shall include, but not necessarily be limited to, probable flooding, erosion, fire, explosion and subsidence of the proposed buildings and structures.

(2)

Design standards. The development plan shall comply with the following standards:

a.

Access shall be located, designed and improved for safety, convenience, efficient circulation, on the property and minimum interference with normal traffic flow on adjoining streets. Driveways and curb cuts intersecting with public rights-of-way shall be marked and shall not exceed a maximum width of 30 feet. Curbs, blockades, bumper blocks or other devices shall be used to control and channel traffic, to separate pedestrian ways from vehicular ways, and to prevent entry to and from adjoining streets except via a designated driveway.

b.

Yards shall be provided as required for the adjoining districts and shall be landscaped and improved in a manner appropriate to the residential character of the adjacent district; provided, however, that a street front and residential side setback be a minimum of five feet when a six-foot minimum height solid faced and continuous fence, or other structure with no openings shall be erected and maintained. Any hedge and other screening structures shall screen the adjoining property from the activities of the marina.

c.

The structure(s) housing the activities of the marina shall not occupy more than 40 percent of the total lot area.

d.

Only one principal use sign shall be visible from the adjacent public street. That sign shall not exceed a maximum size of 32 square feet in area nor eight feet in any outer dimension. Any sign if illuminated shall be externally lit, nonflashing and containing no neon illumination. The maximum height of the sign shall not exceed 15 feet above the average ground elevation of the base of the sign or from the structure foundation to which it is attached. No sign shall be located closer than five feet to the property line or street right-of-way.

e.

Plans for extensions and/or business expansion will be accompanied by a detailed proposal and submitted to the governing body for approval prior to implementation.

f.

All structures built within this district shall comply with the same height requirements specified in section 3-090 for R-020.

(3)

Uses permitted by right after site plan approval. In an N-M neighborhood marina district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, the planning commission has reviewed the site plan and made comments, and the mayor and council has granted site plan approval at a scheduled meeting.

a.

Boat launching facilities;

b.

Bait shops; and

c.

Retail sale of boating provisions.

(4)

Uses permitted after special review and site plan approval. In an N-M neighborhood marina district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval.

a.

Lounges and package shops, for the retail sale of malt and alcoholic beverages;

b.

Restaurants;

c.

Watercraft and equipment rental;

d.

Watercraft sales and dry dock storage;

e.

Wholesale and retail seafood sales; and

f.

Machine repair shops.

(5)

Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in N-M neighborhood marina district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code.

Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this Land Development Code.

(H)

Reserved.

(I)

PC public parks-conservation district. The purpose of this zoning district is to create an area or areas to be conserved for public use, to preserve areas established by tradition and custom for public use, and to prevent development of these areas for other than approved public and/or municipal use. Permitted uses include parks-public, playgrounds; ball fields and/or sports arenas, picnic facilities, public schools, public libraries, public parking and municipal buildings/structures, other public uses as approved by the governing body of the city.

Notwithstanding the above-described permitted uses within public parks, special review (section 5-070) and site plan approval (section 5-080) requirements shall be applicable to any proceedings (to include motions of council or petitions by the public) to alter the uses currently in existence within the area of Memorial Park that is generally depicted on the diagram attached hereto, so that public hearings in connection with any alteration of structures or the installation or addition of new structures or facilities or uses is required before any construction, building activities or preparation therefore may occur or any new uses permitted.

(J)

EC environmental-conservation district. The purpose of this district is to protect the ecologically sensitive areas of the city and to limit the active development to those uses which are compatible with natural limits of the land. No building permit can be issued for either a use permitted by right or a use permitted after special approval until the proper state and federal permits have been acquired by the applicant.

(1)

Uses permitted by right. In an EC environmental-conservation district, land may be used and structures may be erected or used for the following purposes:

a.

Growing of gardens; and

b.

Piers, docks, and wharfs.

(K)

PUD planned unit development district The existing planned unit development districts, at the time of the adoption of the ordinance from which this section is derived, shall remain. No further planned unit development district shall be created. The existing planned unit development districts are Northshore Subdivision, Seaside Colony, Oceanside Dunes, Oceanview Townhomes, and Gulick Row.

(L)

Maritime district. The purpose of this district shall be to protect the character of the commercial development along Lazaretto Creek within the city limits. In the maritime district, land may be used and buildings or structures may be erected or used for the following purposes.

(1)

Uses permitted after site plan approval. In a maritime district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the designated city official, the planning commission has reviewed the site plan and made comments, and the mayor and council has granted site plan approval at a scheduled meeting.

a.

Boat launching facilities;

b.

Bait shops; and

c.

Retail sale of boating provisions;

d.

Aquaculture projects;

e.

Assembly hall, club, or lodge;

f.

Boat building and repair facilities;

g.

Commercial charter or sightseeing watercraft facilities;

h.

Commercial fishing and crabbing;

i.

Government buildings;

j.

Marina;

k.

Recreational activities carried on wholly within a building including theaters, dance halls, and activities of a similar nature;

l.

Reserved.

m.

Private or community dock;

n.

Public utility structures;

o.

Wholesale/retail seafood/sales/warehouses;

p.

Restaurant — (no alcohol) — limited to sit down facility with no drive through;

q.

Restaurant, sit down facility which serves alcoholic beverages (must have council approval for liquor, beer, wine, and Sunday sales) and no drive through;

r.

Watercraft rentals.

(2)

Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in the maritime district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code.

Existing structures. Site plan approval is not required for interior changes to existing structures. Site plan approval is required for exterior changes to existing structures.

(M)

Reserved.

(N)

Reserved.

(O)

South End business overlay district.

(1)

Purpose. The purpose of this district is to promote the welfare and vitality of the city's original main commercial and resort area and preserve its historic character and identity for future generations.

(2)

Uses. All commercial and multi-family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of this Code, specifically including section 3-090 regardless of the use of the property. Mixed uses of the property are permissible. Site plan approval and special review is required for new construction and redevelopment of existing sites. New construction when a project includes the redevelopment of a parcel, a development agreement with the owner/developer and the city specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required.

(3)

Signs. Signage within the district shall be as specified herein to the extent of any inconsistency with the sign ordinance. Permissible signage shall include sandwich boards not to exceed three feet by five feet, which may be displayed during business hours on sidewalks immediately adjacent to the business advertised on the sandwich board. No advertising benches shall be permissible in the district. The existing advertising benches located in the Fourteenth Street parking lot may remain until such time the city provides public benches.

a.

Within the district, café style seating on sidewalks may be permissible provided that sidewalks in the area involved, must be at least ten feet in width.

b.

Notwithstanding any other provision of this Code, no outdoor selling of merchandise on public or private sidewalks is permissible in the district except as may be allowed in connection with authorized special events.

(4)

Demolition and relocation of historic buildings. The following standards apply to all historic buildings within the overlay district that are 50 years of age or older and identified as listed, eligible, or may be eligible for listing in the National Register of Historic Places within the 2016 City of Tybee Island Historic Resources Survey, Phase 1. The Historic Preservation Commission shall review permit applications for demolition and relocation and provide recommendations to the zoning administrator.

a.

Demolition. Demolition of historic buildings undermines the character of Tybee Island and shall only be permitted if the demolition is required to alleviate a threat to public health or public safety as determined by the zoning administrator based on supporting documentation from a licensed structural engineer licensed in the State of Georgia.

b.

Relocation. Relocation of historic buildings can impact the character of Tybee Island and should only be considered as a last resort in order to preserve the building. It shall only be permitted if all of the following conditions are met:

1.

The current location and surrounding context no longer contribute to the overall character of the property (i.e. residential property now surrounded by new construction and commercial development).

2.

The character of the property onto which the building will be relocated and its surrounding context are compatible with the historic building (i.e. relocating a residential building within a residential area).

3.

The relocation is as close to the original site as possible (i.e. the relocation of a building to a new location on the same parcel or an adjacent parcel).

(5)

Appeals. Any applicant for a permit shall have the right to appeal to the planning commission and mayor and council should the zoning administrator refuse to approve the issuance of a permit in accordance with section 9-030.

(6)

Definitions. In addition to existing definitions in section 2-010, the following terms apply to this overlay district:

Compatibility. The positive relationship of existing buildings, relocated buildings, and/or designs for new construction to their environs.

Demolition. The act of either demolishing or removing 50 percent or more of the exterior walls of a building; or any primary exterior wall facing a public street or beach; or 50 percent or more of the roof area.

Historic building. A building that is worthy of preservation by reason of value to Tybee Island, Chatham County, State of Georgia, region, or nation, for one of the following reasons:

a.

It is an example of a building representation of its era;

b.

It is one of the few remaining examples of past architectural style, or building type;

c.

It is associated with an event or persons of historic or cultural significance to Tybee Island, Chatham County, State of Georgia, region, or nation; or

d.

It contributes to the cultural or historical development and heritage of Tybee Island, Chatham County, State of Georgia, region, or nation.

Policies and procedures applicable in this district are on file in the offices of the planning and economic development director and are incorporated herein.

(P)

North end parks and public overlay district.

(1)

Purpose. The purpose of the north end parks and public overlay is to promote the development of properties in a manner that integrates public uses, open space, municipal uses, and recreational uses compatibly into a residential area. The north end parks and public overlay will provide for a livable environment for residents and visitors alike.

(2)

Applicability. The north end parks and public overlay may only be implemented within specific geographic areas as defined in exhibit A (water/sewer plant, DPW, campground, TIPD). The north end parks and public overlay shall be restricted to the redevelopment and enhancement of uses existing at the time of adoption of this subsection and to the development of uses to enhance or further support existing uses. Such uses include but are not limited to expansion of the water and sewer plant, expansion of the department of public works, expansion and/or enhancement of the River's End Campground, expansion and/or enhancement of the city's police department, the dedication of areas for parks, recreational facilities, or open space. Regulations applicable in the R-1 Zone shall not apply in the overlay district.

(3)

Permitted uses. The following uses, though not exclusive, are specifically permitted within the north end parks and public overlay:

a.

Municipal and public safety uses including but not limited to the city water and sewer department, the city department of public works, the city police department;

b.

Public campgrounds;

c.

Parks and open space to include passive and active parks;

d.

Picnic grounds, barbecue pits and similar cooking facilities;

e.

Shelters, observation decks, platforms, pavilions, storage sheds; patios, and restroom facilities;

f.

Pedestrian walkways, sidewalks, and bicycle trails; and

g.

Jogging trails, tennis courts, swimming pools and bicycling paths.

(4)

Prohibited uses. The following uses, though not exclusive, are specifically prohibited within the north end parks and public overlay:

a.

Any activity involving operating, riding, or the use of the following:

1.

Survival games;

2.

Any activity involving the use of firearms, including hunting, skeet shooting and target practice;

3.

Crossbow or archery;

4.

Private dumping of trash, waste or other materials of any kind; and

5.

Fireworks.

(5)

Site plan review. Any expansion of existing uses requires site plan review by the planning commission and approval by the mayor and council.

Any new use that is expressly permitted by this subsection requires site plan review by the planning commission and approval by the mayor and council.

All submittals for site plan review must comply with section 5-040 of this Land Development Code.

(Q)

North end cultural overlay district.

(1)

Purpose. The purpose of the north beach overlay is to promote the development of properties in a manner that promotes arts, cultural, heritage, and educational opportunities in conjunction with recreational and light commercial uses while protecting surrounding residential uses from adverse impact. The north beach overlay will provide for a livable environment for residents and visitors alike.

(2)

Applicability. The north beach overlay may only be implemented within specific geographic areas as defined in exhibit A [attached to the ordinance adopted January 8, 2009, codified in this subsection].

Existing conditions of zoning which apply to north beach overlay properties shall be repealed upon official designation of the north beach overlay.

(3)

Permitted uses. The following uses, though not exclusive, are specifically permitted within the north beach overlay:

a.

Municipal and public safety uses;

b.

Cultural, educational and historical facilities, including re-enactment activities;

c.

Parks and open space to include passive and active parks;

d.

Picnic grounds, barbecue pits and similar cooking facilities;

e.

Shelters, observation decks, platforms, pavilions, storage sheds; patios, and restroom facilities;

f.

Pedestrian walkways, sidewalks, and bicycle trails;

g.

Jogging trails, tennis courts, swimming pools and bicycling paths; and

h.

Publicly owned facilities operated under lease or agreement with the city for commercial or fraternal purposes.

(4)

Prohibited uses. The following uses, though not exclusive, are specifically prohibited within the north beach overlay:

Any activity involving operating, riding, or the use of the following:

a.

Golf courses, except for miniature golf courses.

b.

Survival games.

c.

Any activity involving the use of crossbows, archery, firearms, including hunting, skeet-shooting and target practice.

d.

Dumping of trash, waste or other materials of any kind.

e.

Fireworks.

(5)

Site plan review. Any expansion of existing uses requires site plan review by the planning commission and approval by the mayor and council.

Any new use that is expressly permitted by this article requires site plan review by the planning commission and approval by the mayor and council.

All submittals for site plan review must comply with section 5-040 of this Land Development Code.

(R)

Neighborhood grocery store district.

(1)

Purpose. The purpose of the neighborhood grocery store district is to preserve what was previously an existing non-conforming use and to protect adjoining and nearby properties from intrusion of commercial property and to further preserve the residential character of the area while meeting the needs of the community for a grocery store. The neighborhood grocery store district will provide a means of improving the existing parcels within the district without negatively affecting the aesthetic character of the area. The neighborhood grocery store district is to provide a livable environment for residents and visitors while preserving a grocery store operation and to provide for the operation to adequate parking and improved traffic flow into and out of the grocery store area.

(2)

Applicability. The neighborhood grocery store district shall encompass those properties currently described as Property Identification Numbers 4-0006-19005 and 4-0006-19013, also known as Lots 21A, 21B, 22A and 22B, Ward 3, Tybee Island, Georgia, and Property Identification Numbers 4-0006-19-14 and 4-0006-19015, also known as Lots 20-A and 20-B, Ward 3, Tybee Island, Georgia.

(3)

Permitted uses/setbacks.

a.

The following uses are the exclusive permitted uses within the neighborhood grocery store district and are subject to site plan review:

1.

A grocery store with associated parking as required. A grocery store is herein defined as a store where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores. The grocery store is not allowed to have facilities for providing gasoline to motor vehicles or other service, mechanical or garage type activities for motor vehicles.

2.

Single-family residences.

3.

Multi-family residential above grocery associated warehouse of no more than two unites.

4.

Non-habitable accessory buildings, public utility structures; home business offices and, following special review: bed and breakfast residential, guest cottages, home occupations, and two family dwellings.

b.

Setbacks in this district for new structures shall be as provided in the R2 district under section 3-090.

c.

This district shall have the same lot size and height restrictions applicable in the R2 district under section 3-090 for new construction or new structures.

(4)

Parking. Off-street parking for a grocery store operation shall require one parking spaces per every 370 feet of gross grocery store floor area under roof on a square foot basis regardless of the use of such area so as to include offices, stock rooms, freezers, etc. Parking for all permitted uses other than a grocery store shall be as required in section 3-080.

(5)

Buffer. A buffer of not less than three feet, including arboreal features and suitable fencing, shall be provided where the grocery store and parking is adjacent to the right-of-way of Lovell Avenue and neighboring residential property.

(6)

Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in the neighborhood grocery store district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this Code.

(7)

Notwithstanding anything to the contrary, the following conditions shall be applicable to the parcel described as Parcel Identification Number 4-0006-20-009:

a.

Parking of vehicles. The only motor vehicles that may be parked on this property are those which are either owned or leased by the owner of the adjacent grocery store, the store employees, located on the lot on the east side of Lovell Avenue adjacent to the subject lot and residents of the building on this identified parcel.

b.

Temporary storage containers used to store products which are sold in the grocery store located on the lot on the east side of Lovell Avenue adjacent to the subject lot are allowed.

The temporary storage containers must be capable of being removed immediately upon notice provided by the appropriate authorities. Provided, however, that if a permanent structure is built on this log, pursuant to R(3)(a)(3), the parking of temporary storage containers shall be impermissible.

c.

A warehouse to be used solely by the grocery store located across Lovell on Butler Avenue and any allowable residential uses above is permissible.

d.

Notwithstanding the lot size restrictions applicable to this district, the minimum lot area a two family shall be at least 4,680 square feet.

e.

Any two family residential units constructed on the parcel shall not be used as short term rentals and, therefore, no rentals for occupancy of such a unit may be for a period of less than 30 days.

(Ord. No. 2001-24, 11-8-2001; Ord. No. 2003-22, 10-9-2003; Ord. No. 1999-10, 4-22-1999; Ord. No. 1995-17, 12-7-1995; Ord. No. 2004-7, amended 1-31-2005; Ord. No. 2004-07, amended 4-8-2004; Ord. No. 2004-02, amended 2-26-2004; Ord. No. 2003-22 Business Districts, amended 12-2-2003; Ord. No. 2001-24, amended 12-12-2001; Manual, amended 11-10-1999; Ord. No. 1999-10, amended 5-24-1999; Ord. of 2-27-2007; Ord. of 4-26-2007(2); Ord. of 6-26-2008(2); Ord. of 6-26-2008(3); Ord. of 10-23-2008(2); Ord. No. 29-2008, § I, 1-8-2009; Ord. of 5-14-2009; Ord. No. 15-2009, 10-22-2009; Ord. No. 08-2010, 5-27-2010; Ord. No. 37-2011, 8-25-2011; Ord. No. 22-2012, 7-12-2012; Ord. No. 23-2012, 7-12-2012; Ord. No. 08-2013, 1-10-2013; Ord. No. 26-2013-A, § 1, 8-22-2013; Ord. No. 35-2013-A, § 1, 12-12-2013; Ord. No. 50-A-2014, § 1, 8-28-2014; Ord. No. 56-2014, § 1, 10-9-2014; Ord. No. 03-2015, § 1, 1-15-2015; Ord. No. 2016-01, 2-11-2016; Ord. No. 30-2016, §§ 1—3, 11-10-2016; Ord. No. 1-2019, 1-10-2019; Ord. No. 2020-01, § 1, 1-9-2020)

Editor's note— See § 4-051 for provisions related to short-term rentals generally. See § 4-052 for provisions specifically related to short-term rentals in the R-1, R-1-B, and R-2 residential zoning districts.

(Ord. No. 2023-01, § 1, 1-12-2023)

Editor's note— Ord. No. 2023-01, § 1, adopted Jan. 12, 2023, created a new § 4-051 in appendix A and redesignated ch. 34, art. VIII, §§ 34-260—34-266, as §§ 4-051.1—4-051.7. Additionally, provisions added by Ord. No. 2022-10, ch. 34, §§ 34-260—34-268, 34-270, and 34-271, were redesignated as appendix A, §§ 4-051.8—4-051.12. The historical notations of said sections have been preserved for reference purposes.

(A)

The purpose of this article is to establish regulations for the use of residential dwelling units as short-term rentals and to ensure the collection and payment of hotel/motel fees and occupation tax certificate fees.

(B)

"Short-term rental" means an accommodation for guests where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time less than 30 consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing types. This is also identified as "STR." This shall exclude bed and breakfast accommodations as they are currently defined by the City of Tybee's land development code. However, bed and breakfast establishments are required to have occupational tax certificates, and to pay taxes and fees as required by law or ordinance.

(C)

An owner shall be required to designate an agent for any short-term rental unit, whose responsibility it will be to comply with the requirements of this section on behalf of the owner. The owner may be the agent.

(D)

"Short-term rental agent" is a local contact person designated by the owner who shall be available at all times to respond to complaints regarding the condition, operation, or conduct of occupants of the STR. Such person is customarily present at a location within the city for purposes of transacting business, and is responsible for taking remedial action to resolve issues within one hour.

(E)

The owner or agent shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the residential dwellings unit as a short-term rental unit.

(Ord. No. 2016-07B, 5-26-2016; Ord. No. 2021-01, 1-28-2021; Ord. No. 2022-10, § 34-260, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023)

Note— See editor's note at § 4-051.

(A)

Within 90 days of the effective date of the ordinance from which this article is derived, no person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as a short-term rental, as defined in section 4-051.1, without the owner or rental agent first obtaining an occupation tax certificate and identifying the location of each STR with the city.

(B)

The city must be notified in writing within seven days when there is a change in property ownership, management, agent or emergency contact. Failure to do so will void any permitted use as a STR.

(C)

The application shall be furnished on a form specified by the city manager, accompanied by a non-refundable occupational tax and regulatory fee. Such application should include:

(1)

The complete street address and property identification number (PIN) of the STR;

(2)

Ownership, including the name, address, e-mail and telephone number of each person or entity with an ownership interest in the property;

(3)

The number of bedrooms, the maximum occupancy and the number and location of off-street parking spaces on the premises and any off-premises parking applicable;

Occupancy of any short-term rental property or unit shall be established in connection with the application for every short-term rental permit with the occupancy for overnight usage limited to two adults per bedroom plus two additional adults for the dwelling identified as existing on the property. Any person over the age of 15 years old will be considered an adult for purposes of this section. Occupancies beyond the established limits in the permit shall be a violation of this section;

(4)

The name, address and telephone number of a short-term rental agent or local emergency contact if applicable; and

(5)

Any other information that this chapter requires the owner to provide to the city, such as zoning designation, as part of the identification for a short-term rental. The city manager or his or her designee shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this chapter.

(6)

The emergency contact number required.

(7)

The property shall be covered by a homeowner's or other structural coverage as well as liability coverage and the insurance declaration shall list the unit as the rental property. The applicant shall acknowledge as part of the application the insurance requirement and agrees that within 30 days of receipt of a STR to supply to the city a copy of a conforming insurance declaration.

(D)

The certification form pursuant to this section shall be processed and added to a database to be kept by staff or the manager's designee listing STR unit information and any citations that occur. The city shall notify the owner and agent of any instances that result in a citation for a code violation or other legal infraction.

(E)

Owner or rental agent for a short-term rental shall submit, on an annual basis, an occupational tax certificate to the City of Tybee Island.

(F)

All information supplied by the applicant to the city or the manager's designee shall be subject to verification as hereinafter provided.

(Ord. No. 2016-07B, 5-26-2016; Ord. No. 09-2019, § 1, 5-9-2019; Ord. No. 2021-01, 1-28-2021; Ord. No. 2021-29, § I, 11-10-2021; Ord. No. 2022-10, § 34-261, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023)

Note— See editor's note at § 4-051.

(A)

The short-term rental application shall be accompanied by an initial regulatory fee and be subject to an annual fee every January 1 thereafter, as established by the mayor and city council.

An application, initial or renewal, is valid when completed and filed along with payment of the application regulatory fee set forth below. The fee shall be due January 1 of each year for short-term rental purposes and, if not paid within 90 days thereof, shall be subject to the delinquency and penalty provisions of section 58-163, as applicable, to occupation tax/business license provisions as well as the revocation of any right to use the unit for short-term rental purposes until payment of the penalties and fee. In addition to the regulatory fee license as specified herein, the applicant shall also pay the required occupation tax each year.

(B)

Each property or unit shall be issued a unique property identification number, which is not the same as the "PIN" assigned by the county for a parcel of land.

(C)

Failure to apply and/or identify as prescribed by this law will result in a fine of $500.00 for each month that the unit continues to operate without compliance.

(D)

The annual identification of a unit and the regulatory fee are not transferrable.

(E)

In the event a property owner changes the management company it uses, the unit is to be re-identified by notice to the city.

(F)

Each applicant will pay a regulatory fee that is determined based upon the occupancy of the property to which the short-term rental application applies. Every applicant will pay a $200.00 base fee. In addition to the base fee, each applicant will be responsible for an additional occupancy fee based upon the rental unit's occupancy. As part of the application, the applicant shall disclose the total occupancy for the rental unit. A fee will be charged for each person under the tiers below:

Total occupancy of one to five persons—$10.00 per person.

Total occupancy of six to ten persons—$15.00 per person.

Total occupancy often or more persons—$20.00 per person.

(Ord. No. 16-2017-B, § 1, 12-19-2017; Ord. No. 09-2019, § 2, 5-9-2019; Ord. No. 2019-15, § 1, 11-11-2019; Ord. No. 2021-01, 1-28-2021; Ord. No. 23-2021, § I, 9-9-2021; Ord. No. 07-2022, § I, 6-23-2022; Ord. No. 2022-10, § 34-262, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023)

Note— See editor's note at § 4-051.

The city shall make available on its website a list of STR good neighbor policies which STR agents must share with their clients, owners, and guests.

(Ord. No. 2016-07B, 5-26-2016; Ord. No. 2021-01, 1-28-2021; Ord. No. 2022-10, § 34-263, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023)

Note— See editor's note at § 4-051.

All one- and two-family STR units shall post a sign that shall be visible and legible from the address side of the street listing emergency contact name and phone number. The emergency contact name and number shall be the STR agent as required by subsection 4-051.1(D) unless otherwise specified and approved by the city staff and any rental agency involved. Such sign shall not be less than 18 inches by 24 inches and shall not exceed 24 inches by 24 inches. The purpose of the required sign is to enable officers and third parties to identify appropriate contacts for issues with the property and/or the occupants and, therefore the sign shall be located in such a location that it faces the street which is listed as the real property address or otherwise located at such location as approved by staff consistent with that purpose. The view of the sign shall not be obstructed by fencing, cars, vegetation, etc.

Multi-family units shall post a sign which shall be visible and legible from a publicly accessible area outside the unit listing the required emergency contact name and phone number. Signs for multi-family units shall be eight and one-half inches by 11 inches. All such signs shall be located no further than four feet from the outer most edge of the front entry door or otherwise located at such location as approved by city staff consistent with that purpose. Multi-family units may have one additional sign on the exterior of the property which complies with the standards of the one- and two-family STR unit for the purposes of advertising, branding and way finding.

To the extent that the requirements herein are inconsistent with the sign ordinance the provisions hereof shall control in the case of short-term rental properties and shall supersede any inconsistent provisions of homeowner association agreements or policies or condominium association agreements or policies pertaining to signage.

(Ord. No. 2016-07B, 5-26-2016; Ord. No. 16-2017-B, § 1, 12-19-2017; Ord. No. 2019-15, § 1, 11-11-2019; Ord. No. 2020-02, § 1, 2-27-2020; Ord. No. 2021-01, 1-28-2021; Ord. No. 2022-10, § 34-264, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023)

Note— See editor's note at § 4-051.

Each short-term rental property or unit is to have a unique location identification number, as referenced in subsection 4-051.3(B). Any advertising, promotion or notice of availability of a property or unit for a short-term rental occupancy shall include the location identification number or numbers for every available property or unit which is the subject matter of the advertisement, promotion or notice. The phrase "advertisement, promotion or notice" as used herein shall include, but not be limited to, brochures, marketing material and any online, digital, social media or published promotion of any such property or unit. The failure to include such number as required herein shall be a violation hereof and punishable as otherwise provided in this Code.

(Ord. No. 2019-15, § 1, 11-11-2019; Ord. No. 2021-01, 1-28-2021; Ord. No. 2022-10, § 34-265, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023)

Note— See editor's note at § 4-051.

It shall be the responsibility of the owner or agent to pay all required taxes required by chapter 58, article IV, room excise tax.

(Ord. No. 2016-07B, 5-26-2016; Ord. No. 2021-01, 1-28-2021; Ord. No. 2022-10, § 34-266, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023)

Note— See editor's note at § 4-051.

For a property location that has been continuously in individual or joint ownership by natural person(s) for a period of at least five years and which has been homesteaded for purposes of any of the city ordinances (Tybee Code section 58-30 and/or 58-33), such owner, may elect, upon proper application and permitting, to operate as a STR and to include the property as an authorized STR for a period of up to three years. Further, an estate of a deceased owner who qualified as stated above regarding ownership and homestead may have a one-time opportunity within one year of the death of the decedent to make the election provided for herein to secure a STR permit for a period of three years.

(Ord. No. 2022-10, § 34-267, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023)

Note— See editor's note at § 4-051.

(A)

In the event taxes, license fees, fines or other assessments relating to the operation or ownership of a STR property remain unpaid or if there is evidence of improper advertising of the STR property or improper conduct at the STR property violating any of the below city ordinances or rules, notice of these deficiencies will be sent to the STR owner or the owner's designated agent. Ordinances which will result in a notice to the owner or the owner's agent are: failure to comply with marketing restrictions as provided in subsection (B) hereof. Following notice to the owner or owner's designated agent of the deficiency and a failure to address such deficiency within 30 days of receipt of the notice of deficiency, following notice and an opportunity to be heard there may be a determination of abandonment of the permit for a STR use and such permit may terminate and not be renewed.

(B)

Any marketing or advertisement relating to the use of a short-term rental location which markets occupancy beyond or in excess of the occupancy contained in the application for the short-term rental permit, tax certificate or license, as required, shall be a violation of this section. This violation may result in the permit being revoked, suspended or addressed as found appropriate by the city official and/or the mayor and council.

(C)

The refusal to participate in or cooperate with a verification process as provided hereafter shall be a violation of this section and any intentional misstatements or inaccuracies contained in the application including the insurance obligation shall be a violation of this section subject to penalties as provided above.

(Ord. No. 2022-10, § 34-268, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023)

Note— See editor's note at § 4-051.

The verification program will be conducted under a policy to be established by the mayor and council and shall specifically cover all ordinance compliance requirements and obligations of the applicant, including, but not limited to, insurance requirements, zoning designation, parking site plan and occupancy.

(Ord. No. 2022-10, § 34-270, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023)

Note— See editor's note at § 4-051.

(A)

As to properties in the residential districts only, upon the "transfer" defined below, of an "STR property" defined below, whether or not disclosed pursuant to subsection (C)(1) below, the "STR permit," defined below, for that STR property shall terminate and be of no further force or effect and such terminated STR permit shall not be assigned, transferred or renewed, and no permit shall be issued in its place; and no application to secure or renew a STR permit for such location shall be submitted or accepted by the city. This section shall have application to STR properties or STR permits in the residential districts (R-1, R-1-B and R-2).

(B)

[Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section:]

"Short-term rental" means an accommodation for guests where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time less than 30 consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing types. This is also identified as "STR." This shall exclude bed and breakfast accommodations as they are currently defined by the City of Tybee Island Development Code. However, bed and breakfast establishments are required to have occupational tax certificates, and to pay taxes and fees as required by law or ordinance.

"STR permit" means a permit or right to conduct short-term rental in the residential districts granted or renewed pursuant to sections 4-051.2, 4-051.3 or 4-051.11.

"STR property" means each residence, structure or building in the residential districts for which a current "STR permit" has been issued, granted or renewed.

"Transfer" means a conveyance of all, any portion of or any interest in the title to an "STR property" or the conveyance of any proprietary or beneficial interest in any trust or artificial entity (i.e., LLC, partnership, corporation) which owns or holds record title to a STR property; provided, however that, in the event a STR property is owned in whole or part in cotenancy or by an artificial entity which has more than one cotenant, beneficiary, member, partner or shareholder (collectively referred to herein as "interest holder"), then a conveyance of an interest in that owner to another then existing interest holder of that owner (so that the number of interest holders in that owner is reduced) shall not be considered a transfer.

(C)

(1)

The form of the application for the renewal of a STR permit (the "application") shall require disclosure of the full name or names of the current (as of the filing of the application) owner or owners of the subject STR property and, if any of the owners is an artificial entity, shall require the names of all its current members, partners, shareholders or beneficiaries, as the case may be. Further, the form of the application to be filed in 2025 shall require disclosure of each transfer of the subject property which occurred after the "effective date" of the ordinance from which this section is derived; and after 2025, the application shall require disclosure of each transfer which occurred in the immediately preceding calendar year.

(2)

In conducting any audit under the verification program and policy referred to in section 4-051.10 or any other investigation of compliance by one or more STR properties, such audit or investigation by the city shall, if appropriate, include research of the Chatham County, Georgia real property and ad valorem tax records, filings and applications by the owner of the subject STR property and any relevant information in Zillow or other publicly accessible or available private sources.

(3)

Upon becoming aware of the occurrence of a possible transfer, whether because of a disclosure in an application pursuant to subsection (C)(1) above or because of an audit or investigation referred to in subsection (C)(2) above or for any other reason, the city shall notify the owner of the STR property involved of the transfer and the resulting termination of that STR property's STR permit. Such notice shall be mailed by regular and certified return receipt mail to the address of the owner or the owner's manager supplied in that STR property's most recent application. The owner shall have 20 days from the date such notice was mailed to refute the occurrence of a transfer and to contest the termination of the STR permit by a written notice to the city manager. A hearing will be held before the city manager or the manager's designee within seven business days unless otherwise agreed upon in writing to a future specific date no more than 30 days thereafter. Following the hearing, the manager or the manager's designee will make a written determination within three business days. The provisions hereof relating to hearings may become subject to future code amendments providing for code enforcement hearings applicable to zoning and other codes.

(Ord. No. 2022-10, § 34-271, 10-13-2022; Ord. No. 2023-01, § 1, 1-12-2023; Ord. No. 08-2024, §§ 1—3, 6-13-2024)

Note— See editor's note at § 4-051. Additionally, while transfers of STRs were previously permitted, Ord. No. 08-2024, prohibits permits following any transfer and states in § 5 that "All ordinances and parts of ordinances in conflict herewith are expressly repealed."

If any section, clause, sentence or phrase of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this section. It is hereby declared as the intent of the City of Tybee Island mayor and council that this section would have been adopted had such invalid or unconstitutional portion not been included herein.

(Ord. No. 2023-01, § 1, 1-12-2023)

(A)

Purpose and intent. The purpose of this subsection is to clarify the definitions and uses for zone R-1, R-1-B, and R-2 residential zoning districts. Except as set forth herein, no residence, structure or building within zones R-1, R-1-B, and R-2 shall be operated as a short-term rental or leased or rented or held available for rental for less than 30 days. Existing and ongoing properly permitted short-term rentals which have been operated within the city in zones R-1, R-1-B, or R-2 prior to the effective date hereof [April 27, 2023] shall not be a use as of right, but rather, such use will be a nonconforming use hereafter, except for owner occupied locations as authorized below or in other sections of this Code (see section 4-051, short-term rentals).

(B)

Definitions. The following words and phrases, as used in this subsection, shall have the following meanings:

Authorized agent means the owner's agent or the owner's designee who is normally available and authorized to respond to any issues arising from a short-term rental unit within two hours and who is authorized to receive written notice on behalf of the owner.

Cap means the maximum number of properties that may be licensed for short-term rental use in a given zoning district which may be later defined or established with a restricted zoning designation. The cap may be calculated as a percentage of the total number of developed dwelling units and developable lots within a zoning district or, alternately, as a flat number, not a percentage. Once a zoning district has met its cap, a waiting list or other means of determining eligibility for a permit may be established for properties which seek to obtain a short-term vacation rental permit.

Nonconforming use means the use of any land, building, or structure which does not conform with currently applicable use regulations, but which complied with use regulations in effect at the time the use was established.

Short-term rental (STR) property means an accommodation for guests where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time less than 30 consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing types. This is also identified as "STR." This shall exclude bed and breakfast accommodations as they are currently defined by the City of Tybee [Island]'s Land Development Code. However, bed and breakfast establishments are required to have occupational tax certificates, and to pay taxes and fees as required by law or ordinance.

Sublet rentals is a property which is leased from its owner on a long-term basis (30 days or longer) but then made available by the lessee for short-term rental or occupancy to a different party and shall be considered a short-term rental and both lessor and lessee are subject to ordinances regulating short-term rentals.

(C)

Notice of and abandonment of nonconforming use. If a property holding a short-term rental permit in zoning districts R-1, R-1-B, or R-2 fails to conduct short-term rentals (rentals of less than 30 days each), at least 60 days of rental at full market value within the preceding 12-month period, it shall be presumed that such short-term rental use has been abandoned and therefore such use shall be unauthorized. It is the owner or rental operator's burden to establish the rentals. The existence of rentals shall be proven by the applicable tax returns filed by the owner for that location. In the event tax returns or other verifiable tax documentation are not available due to the rental occurring, or allegedly occurring, through a marketplace innkeeper or an online booking service (such as Airbnb or similar providers), the owner may establish rentals through other documentation including rental records to the city's satisfaction. No new permit or renewal of a permit shall be granted if an owner or rental operator fails to make this showing of rentals. Any new owner seeking a permit is responsible to demonstrate the prior property owner's rental history.

Any previously operated short-term rental within the R-1, R-1-B, or R-2 zoning districts which is determined abandoned will no longer be allowed to operate as a short-term rental.

Any property holding a STR permit is exempt from the above requirement to establish the short-term rental history for any period where the property is subject to a written lease for a long-term rental. "Long-term rental" as used herein means a bona fide written lease agreement for a period of 30 days or more.

Further, and notwithstanding the provisions above, property owners, managers or agents thereof may petition the mayor and council for relief from the 60-day requirement by demonstrating that due to damage to the property from fire, hurricane or other storm, and/or due to the unexpected spread of disease, such as the recent pandemic, the property was not available or appropriate for rent or there was no ability to rent during a period making compliance unachievable as a practical matter, relief may be granted if the mayor and council determines that the circumstances shown to exist were of such an extent, duration and/or nature that rentals would be substantially impaired for a period of time not less than 45 days.

In addition to the circumstances identified in the above paragraph, a property owner or representative of a property owner may apply for an exception to the 60-day rental requirement when circumstances exist which are peculiar to the particular property and which involve circumstances that the owner or representative contend(s) to be justification for allowing relief or an exemption to the 60-day requirement. The owner or representative must petition for relief with identifying circumstances contended by the owner or representative believed to justify an exception to the requirement. Such circumstances must relate to the property and involve conditions that, although are not identified in the calamities described above, would create an undue hardship or other exceptional circumstances that would warrant relief. The circumstances must be such as to significantly impact the availability or marketability of the property in question and must be directly related to the property itself, as opposed to any unique circumstances of the owner or representative of the owner.

Applications for relief from the requirements of this subsection shall be made by petition on such forms as the city may designate and will identify the calamity or circumstances the owner or representative contend support entitlement to an exemption to the time rental requirements under this subsection. The matter will be reviewed by the planning commission and a public hearing will be held by the mayor and council pursuant to applications and ordinary procedures for a variance such as those provided in section 5-090. The mayor and council will determine, following a public hearing, whether the calamity or circumstances justify the exemption or relief and such conditions or terms as would be applicable to the relief.

(D)

Allowances. In locations other than properties zoned R-1, R-1-B or R-2, notwithstanding any other provisions in this Code, a short-term rental use is allowable in any zoning districts as long as the short-term rental location and the owners, agents or representatives for such location are in full compliance with all provisions of the city's then current short-term rental ordinance currently codified at [Section] 4-051.1 et seq. including, but not limited to, all requirements regarding the payment of taxes, compliance with the good neighbor policy, enforcement of the occupancy limits, compliance with noise and other regulations and such property has avoided citations for violating the disorderly house ordinance.

Any structure on a property that contains multiple STR units must have a permit for each separate unit. In zones R-1, R-1-B, and R-2, if a property identified by a single parcel identification number per official tax records, has more than one structure on it that contains a STR unit, only one structure is eligible to apply for a permit.

(E)

Caps in certain zoning districts. For purposes of this section, a restricted zoning designation category or cap shall be any zoning district in which an ordinance exists limiting the number of authorized short-term rental units in that particular district. In the event a cap on short-term rental units exists for a certain zoning district and a permitted unit in that district is thereafter disqualified for a rental permit, that unit's permit shall be void. No new location or unit will be issued a short-term rental permit to operate as a STR in any restricted zoning designation district which has already issued permits equaling the cap. Exceptions to this prohibition of issuing new permits over any cap may be allowed as set forth by ordinance. The city may establish a waiting list or other means of determining eligibility for a permit for locations in a restricted zoning designation district as necessary.

(F)

New permits prohibited. No new permits are allowable in the R-1, R-1-B, and R-2 zones except as otherwise provided.

(G)

Certain building permit holders' ability to obtain STR permit.

(1)

As of the time the moratorium resolution addressing short-term rentals was adopted on August 26, 2021, any person holding a valid building permit for construction or renovation of a property in [a] R-1, R-1-B, or R-2 district intended to be used as a STR may apply for a STR permit. Such applicant must establish eligibility for a STR permit under all applicable codes and regulations and must submit their application for a STR permit within six months of the issuance of the certificate of occupancy or other official notification that the construction and/or renovations have been completed and passed all applicable required inspections, or within six months of the adoption of this subsection. In order to be considered for a permit, the applicant must show:

a.

The building permit was in place prior to August 26, 2021;

b.

The construction and/or renovation was such that no certificate of occupancy for the location could be secured and no certificate of occupancy in fact was possible due to the renovations; and

c.

The applicant demonstrates by a preponderance of the evidence that the intention was to use the property for a STR by way of records or documents including contracts with agents or market place innkeepers for anticipated rentals intended upon completion of the repairs or construction, or any other evidence the applicant contends supports the intention to establish a STR at the location.

(2)

In regard to applicants claiming "extensive renovations," extensive renovations shall mean improvements that cost in excess of 50 percent of the pre-renovation of the value of the structure (residence) to which the application applies. Therefore, extensive renovations shall mean the same as a "substantial improvement" under the flood damage prevention ordinance (article 8) to the extent that such definition would be consistent with the purpose hereof. That is, in order for a renovation to allow an application for a short-term rental permit, the renovation permit must have been issued prior to the August 26, 2021 moratorium and shall have included, or ultimately included, repairs, reconstruction, alteration or improvements to a structure taking place during a one-year period in which the cumulative cost equals or exceeds 50 percent of the market value of the structure before the start of the construction of the improvement. The market value of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement.

(3)

City staff will investigate any such application to determine the existence and nature of the building permit as compliance with the above requirements and report to the mayor and council thereon. The mayor and council shall make all determinations hereunder.

(H)

[Repealer.] All ordinances and parts of ordinances in conflict herewith are expressly repealed.

(Ord. No. 2022-04, §§ 1—7, 10-10-2022; Ord. No. 2022-11, §§ 1—7, 10-10-2022; Ord. No. 2023-11, §§ 1, 2, 4—7, 4-27-2023; Ord. No. 2023-12, § 1, 4-27-2023; Ord. No. 2023-15A, § Ord. No. 2023-18, § 1, 6-22-2023)