It shall be unlawful for any person to commence excavation for, or construction of any building or structure, or moving of any existing building or structure without first obtaining a permit from the designated city official. No permit shall be issued for the construction or alteration of any building or structure until proper approval has been granted and fees have been submitted in accordance with the provisions of this article.

(Ord. No. 07-2013, 1-10-2013)

The following is a list of permits needed for construction of a building or structure or the movement of a building or structure that may be needed for any type of land development in the city.

(A)

Building permit. All building permits seeking to expand the exterior of any existing structure or seeking to construct any new structure must be accompanied by a valid survey depicting, among other things, the present location of all property lines and structures then on the property.

(B)

Relocation permit. A relocation permit is required any time a manufactured home, trailer, out building, house or structure is moved from any location to any lot or parcel within the city limits. Buildings used for the purpose of storage only with no need for electricity or plumbing are exempt from this requirement. Electrical, mechanical and plumbing permits are included within this permit.

(C)

Sign permit. Prior to the erection of a sign for either on-premises or off-premises advertising, the zoning administrator must first issue a permit in accordance with the sign regulations set forth in article 6. Permits are required for both temporary signs as well as permanent signs.

(D)

Demolition permit. Prior to destruction of a building, structure, or sign, a demolition permit is needed. Such permit may be attained from the city code enforcement department.

(E)

Electrical permit. An electrical permit is needed before installing any electrical wiring or fixtures. This permit is not needed if a relocation permit or building permit has already been issued on the structure.

(F)

Plumbing permit. A plumbing permit is needed whenever a plumber installs a new plumbing system in an existing structure. This permit is not needed if a relocation permit or building permit has already been issued on the structure.

(G)

Mechanical permit. A mechanical permit is needed before a licensed installer may install any mechanical device such as a heating and/or cooling system for air or water. This permit is not needed if a relocation permit or building permit has already been issued on the structure.

(H)

Land clearing, disturbance or excavation permit. Regardless of the use of the land, a permit is required prior to the clearing of trees, topsoil, or water on any parcel of land in the city. A drainage plan with supporting calculations is required prior to the issuance of any permit for all new construction. The plan and calculations shall be prepared by a professional engineer licensed by the state to provide such services. Furthermore, there shall be no excavation or addition of soil, trees, or water until all proper permits are obtained. This permit is not needed if a relocation permit or building permit has already been issued on the structure.

(I)

Tree removal. A tree removal permit is required if a person intends to remove either a significant tree or any number of trees that will result in a tree density of less than required. This permit is required regardless of any other permits obtained.

(J)

Reserved.

(K)

Prohibit placing materials in the marshlands. Notwithstanding any other provision of any ordinance or regulation to the contrary, no permit for building, land clearing, land filling or for the addition of materials to any area of "marsh," "marshlands," "coastal marshlands," "vegetated marshlands," or isolated freshwater wetlands as such terms are now or hereafter defined by the Coastal Marshlands Protection Act of 1970 (O.C.G.A. § 12-5-280 et seq.) or to any area of isolated freshwater wetlands shall be issued in the absence of a variance granted by the mayor and council subject to the strict application hereof pursuant to section 5-090. In addition to those provisions of article V, chapter 22 of the City Code which may be applicable, it shall be unlawful for any person or entity to place in marsh, marshland, or coastal marshlands as so defined any material whatsoever, in the absence of a permit issued pursuant to a variance properly granted.

(L)

Construction of docks, walkways, etc.; liability insurance. This subsection is intended to supplement and expressly not repeal existing provisions of Tybee's Code of Ordinances relating to permits required for construction, relating to building permits, regarding wetlands protection, regarding beach dune or vegetation disturbance.

All those individuals engaged in the construction or repairs of docks, walkways, marinas or marine facilities, or any other structure on or over coastal marshlands as defined in O.C.G.A. § 12-5-282(3) shall, prior to the commencement of any such construction, preparation or work provide to the City of Tybee Island evidence of liability insurance and/or bonds and/or letters of credit specifically covering environmental and other damages. Such applicant shall also provide for coverage and/or bonds and/or letters of credit in the nature of a performance bond requiring the completion of the work if it is not performed in accordance with the anticipated completion schedule filed with the city and shall further include the cost of removal of any equipment, debris or materials of any nature not removed by the dockbuilder. When a bond or letter of credit is used for the purposes described herein such bond or letter of credit shall be issued to the benefit of either the City of Tybee Island or the owner of the property depending upon the circumstances and the building official of the city shall be authorized to determine to whom the bond or letter of credit should be payable.

The amount of insurance, bond, or letter of credit shall be based on the nature, scope and cost of the anticipated work and shall take into consideration the potential consequences of spills, removal of equipment, debris or materials and other risk and shall be in such amount as is set by the building official of the city or his designee.

Including but not limited to fuel spills, fires, submersions of equipment and building supplies, etc., all dockbuilders shall be required to report any accidents, casualties or events which occur in connection with activities provided for in this subsection and which are likely to cause damage or which may cause damage to property, persons, the environment or coastal marshlands and in no event shall the responsible party wait more than two hours after the occurrence of such event, casualty or occurrence.

Any violation of this subsection shall subject the offender to punishment under section 5-160.

(Ord. No. 2001-13, 7-12-2001; Ord. No. 2001-02, 1-11-2001; Ord. No. 2005-02, amended 4-11-2005; Ord. No. 2005-07, amended 3-3-2005; Ord. No. 2005-03, amended 3-3-2005; Ord. No. 2005-02, amended 2-4-2005; Ord. No. 2004-16, amended 1-12-2005; Ord. No. 2004-16, amended 1-12-2005; Ord. No. 2004-16, amended 1-12-2005; Ord. No. 2001-13, amended 12-12-2001; Ord. No. 2001-02 Shore Protection, amended 4-19-2001; Ord. No. 1999-16, amended 6-4-1999; Ord. of 3-23-2006; Ord. of 1-11-2007(2); Ord. of 10-9-2008(3))

The following are permits or actions that may be required depending on the construction and particular land use district for which it will take place.

(A)

Special review permits. There are specific land uses permitted in certain zoning districts only after a review by the planning commission, a public hearing has been held by the mayor and council, and the mayor and council has determined that the use is appropriate based on certain criteria. These uses are listed throughout article 4 and the criteria listed in section 5-070. See section 5-040(A) and (B), and section 5-070.

(B)

Site plan approval. All land development activities other than residential one and two-family structures, regardless of the zoning district, must present a site plan of such development to the planning commission for review, and to the mayor and council for approval prior to the issuance of any land development permits. In the C-1 zoning district, all land-disturbing activities require site plan approval. See section 5-040(A) and (C), and section 5-080.

(C)

Zoning variance. Where strict enforcement of this Land Development Code may present an unnecessary hardship upon a lot or parcel of land, the owner may apply for a zoning variance. Such action requires a public hearing by the planning commission and approval by the mayor and council at a scheduled meeting. See section 5-040(A) and (D), and section 5-090.

(D)

Amendment to the zoning map. An amendment to the zoning map is considered to be an amendment to this Land Development Code. Such action requires a hearing by the planning commission and approval by the mayor and council at a scheduled public hearing. See section 5-040(A) and (E), and section 5-110.

(E)

Amendment to the text of this Land Development Code. An amendment to the text of this Land Development Code follows the same process as an amendment to the zoning map. However, a text amendment requires different materials to be included with the application. See section 5-040(A) and (E), and section 5-110.

(F)

Subdivision of land. Whenever a lot, parcel, or tract of land is divided into two or more parts, the owner must submit a preliminary subdivision plat to the zoning administrator. The preliminary plat shall be reviewed at a hearing held by the planning commission. The preliminary plat will be reviewed at a scheduled meeting of the mayor and council. Once the preliminary plat is approved by mayor and council, required infrastructure improvements may be permitted on the property. After the required infrastructure improvements are completed and inspected by the building inspector, a final plat may be submitted to the zoning administrator. The final plat shall be reviewed at a hearing held by the planning commission. The final plat will then be reviewed following a scheduled meeting of the mayor and council. Once the final plat is approved by the mayor and council, all parcels created by the subdivision may be recorded in the office of the Superior Court of Chatham County and subsequently become real estate. See section 5-040(A) and (G), and sections 5-130, 5-140 and 5-150.

(G)

Sign permit approval. All signs erected, and signs which are altered or repaired at a cost of 50 percent of the replacement value unless specifically exempted by this Land Development Code, must be permitted by the city. All signs not specifically exempted from the permit and/or licensing requirement of this Land Development Code shall be permitted by the city. An application for a permit shall be submitted to the zoning administrator and accompanied by plans and specifications of the sign in all its structural parts, and by accurate information designating the exact location of the proposed sign for review by the planning commission and approval by the mayor and council. The zoning administrator shall collect a standard fee for each permit and/or license at the time the permit or license is issued. See section 5-120, and article 6.

(H)

Use of recreational vehicles on private property for residential purposes. This is a temporary permit issued by the zoning administrator during normal hours of operation at the city hall. See general provisions section 3-110(C) for restrictions.

(I)

Permits required in conjunction with permits in this Land Development Code. The following are permits required by other government entities that may be applicable to a development project in Tybee Island:

(1)

Land-disturbing permit. Under the Georgia Soil Erosion and Sedimentation Act (O.C.G.A. § 12-7-7), any major subdivision of land over 1 1/10 of an acre for single-family development and any construction within 200 feet of state waters requires a land-disturbing permit from the department of natural resources, environmental protection division (EPD).

(2)

Dune crossover. The state department of natural resources (DNR) maintains dune delineation lines and suspected wetland areas. In these places DNR provides revocable permits for private docks and dune crossovers.

(3)

Dock permits and construction in wetlands. In conjunction with Georgia DNR, the United States Army Corps of Engineers maintains the authority to delineate the location of wetlands and is responsible for permitting any land-disturbing activity in them under section 404 of the federal Clean Water Act.

(4)

Individual well and sewer systems. If a lot or parcel is not served by city water and sewer utilities a permit is required from the Chatham County Board of Health. There are only a few areas on the island not served by both.

(5)

Entrances on state and federal highways (curb cuts). If the development of a lot, tract, or parcel requires an entrance onto a state or federal highway, a permit is required by the state department of transportation.

(6)

Shallow wells for irrigation only. If a property owner decides to use a shallow well for the irrigation of his or her landscape, a well drilling permit must be obtained from the city code enforcement department and the pump installation and design must meet the plumbing codes set forth in article 9 of this Land Development Code.

(Ord. No. 1999-14, amended 6-4-1999)

Fees for each individual permit or zoning action are subject to change by the mayor and council. Please see the schedule of fees adopted by mayor and council which are displayed in city hall.

(Adopted Schedule as of 7-12-2001; Ord. No. 2001-14, 7-12-2001; Ord. No. 2001-14, amended 12-12-2001; Ord. No. 09A-2013, 2-14-2013)

(A)

Minimum requirements for all applications. All applications for zoning actions shall be dated upon submission and require the following minimum information:

(1)

Name, address and signature of applicant. If the applicant is appointing an agent as the point of contact for the project, that agent must be designated on the application.

(2)

Brief description of the land development activity and use of the land thereafter to take place on the subject property.

(3)

Address and location of the subject property for which such land development activity shall take place.

(4)

Name and address of owner of the subject property. Note: applicant must either have proof of ownership of the property or a signed affidavit from the owner granting the applicant permission to conduct such land development activity.

(5)

Current zoning and use of the property or properties.

(6)

Name and address of all adjacent property holders.

(7)

Name and address of known participating contractors (building and construction, surveyor, architect, engineer, installer, developer, etc.).

(8)

The application type, date of application, and action taken on all prior applications filed for the reclassification of the whole or part of the land proposed to be reclassified.

(9)

If within two years immediately preceding the filing of the applicant's application for a zoning action, the applicant has made campaign contributions aggregating to more than $250.00 to the mayor or any member of council or any member of the planning commission, it shall be the duty of the to disclose the following in the application:

a.

The name of the local government official to whom the campaign contribution or gift was made;

b.

The dollar amount of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the zoning action and the date of each contribution; and

c.

An enumeration and description of each gift having a value of $250.00 or more made by the applicant to the local government official during the two years immediately preceding the filing of the application for the zoning action;

d.

In the event that no such gift or contribution was made, the application shall affirmatively so state.

(B)

Additional application requirements for special review. In compliance with section 5-090, all applications for uses permitted in a zoning district for special review must also include the following minimum information:

(1)

A more detailed description of the activities, number of units, and hours of operation of the proposed special use;

(2)

A site plan [see Subsection (C) of this Section], with architectural renderings. Building plans may be required at the discretion of city staff, the planning commission, or the mayor and council;

(3)

A proposed starting date of land disturbance or construction, and a tentative date of completion for all improvements, and use opening or date of first occupancy; and,

(4)

A list of activities undertaken by the developer and subsequent occupant to mitigate all adverse impacts upon the surrounding properties before, during, and after the completion of development activities.

(C)

Additional application requirements for all site plan requirements and approval. The designated city official, with input from other departments or consultants, may waive or delay the required submission of some of the requirements for site plans as situations and the project warrant. Unless waived by the designated city official, the site development plan shall include, but not be limited to the following:

(1)

A valid survey of the property, signed and sealed by a State of Georgia certified land surveyor, depicting the location, size and other pertinent data of all land uses on the site including types, location and height of buildings, parking, open areas, landscaping, and all existing trees;

(2)

Dimension setback lines from property lines and street right-of-way lines;

(3)

Adjacent thoroughfares and all curb cuts within 500 feet, including:

a.

Proposed new cut(s) onto public rights-of-way with turning radii, and width;

b.

Dimensions of all rights-of-way; and

c.

If a corner property, compliance with section 3-050, obstruction to visions at street intersections, shall be illustrated;

(4)

Drainage plan to conform with all ordinances, standards, specifications and policies adopted by the city;

(5)

Location of all utilities, and water/sewer plans and design considerations;

(6)

Tabulated data including at least:

a.

Gross density of dwelling units;

b.

Parking ratio per dwelling unit, and compliance with section 3-080, off-street parking requirements;

c.

Percent and amount of land coverage by use;

d.

Percent and amount of floor area by use and by type;

e.

Flood zone(s) and minimum finished floor elevations;

(7)

Topographical map showing existing and proposed 1-foot contours and natural features;

(8)

Soil erosion and sediment control plan required for all projects whether a Land Disturbing Activity Permit is required or not;

(9)

Tree removal plan, tree protection plan, and tree establishment plan;

(10)

City staff or the planning commission or the mayor and council may require elevations or other engineering or architectural drawings covering the proposed development;

(11)

The city's engineering consultant or his designee will review a site plan prior to the mayor and council acting upon a zoning decision;

(12)

The extent and nature of any variances or zoning amendments necessary to the proposed project.

(D)

Additional application requirements for a zoning variance. Applications for a zoning variance shall be submitted to the designated city official. All applications for a zoning variance must also include the following minimum information:

(1)

Site plan and/or architectural renderings of the proposed development depicting the location of lot restrictions.

(2)

Narrative describing the hardship and the reason for the variance request.

(3)

A survey of the property signed and sealed by a State of Georgia certified land surveyor. No application for the same type of zoning variance request, which has been previously denied, shall be accepted by the designated city official until the expiration of at least six months immediately following the defeat by the mayor and council of such variance request.

(E)

Additional application requirements for a Land Development Code or zoning map amendment. Applications for amendment of these regulations may be in the form of proposals to amend the text of these regulations or proposals to amend the zoning map. Applications for amendment shall be submitted to the designated city official. No application for a zoning change requesting the same zoning district classification and affecting the same parcel of property or part thereof shall be accepted by the designated city official until the expiration of at least six months immediately following the defeat of the rezoning request by the mayor and council. However if the request is for a different land use classification than the previous request, an application will be accepted. All applications for a Land Development Code or zoning map amendments must also include the following minimum information:

(1)

Text amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

(2)

Map amendment. An application for a map amendment shall include the following information:

a.

A map or plat of the land in question prepared, signed and sealed by a State of Georgia certified land surveyor, and a description by metes and bounds, bearings, and distances of the land, or if the boundaries conform to the lot boundaries within a subdivision for which a plat is recorded in the land records of Chatham County then the lot, block, and subdivision designations with appropriate plat reference; and

b.

The area of the land proposed to be reclassified stated in square feet if less than one acre, and in acres if greater than one acre.

(F)

Additional application requirements for sign permit approval. All applications for sign permit approval must also include the following minimum information:

(1)

Site plan showing the position of the sign in relation to nearby buildings or structures. Plan shall be to scale;

(2)

Specifications setting forth the character of the sign in all its structural parts;

(3)

Electrical permit if required;

(4)

Wind pressure capacity (lbs./sq. ft. horizontal loads) if applicable.

(5)

Sketch of sign showing sign dimensions.

(G)

Additional application requirements for land subdivision approval. Subdivision plan approval is a three-step process. The first step, a conceptual plan, is optional. The next two steps, preliminary and final plan approval, are required before any lot, parcel, or tract of land can be divided into two or more pieces of property and recorded in the Chatham County Clerk of Courts office. If the subdivision of land fits the definition of a minor subdivision, the preliminary and final platting information and procedure process may be combined. The information needed for each step of the land subdivision process is as follows:

(1)

Conceptual plan. Prior to the filing of an application for approval of a preliminary plan, a conceptual plan may be submitted to the planning commission for review and recommendation. When submitted, this conceptual plan shall show in simple sketch form the proposed layout of streets, roads, and other features in relation to existing conditions. The conceptual plan shall include the following information:

a.

The boundary lines of the property being subdivided;

b.

Watercourses and marshes found on the tract of land to be subdivided and the limits of habitable area;

c.

The location, name, and right-of-way width of any existing streets on the land to be subdivided, or on land adjacent to the tract of land being subdivided.

(2)

Preliminary plan. Before work shall begin to open a subdivision, thirteen prints of a preliminary plan, showing the proposed design of the subdivision, shall first be submitted to the planning commission for review and recommendation. Until the preliminary plan of a proposed subdivision has been reviewed by the planning commission, and approved by the mayor and council, a developer shall not grade, scrape, or otherwise open or extend a street in the proposed subdivision, nor shall he stake out or lay out lots in such subdivision, nor shall he in any manner cause construction to actually begin on a subdivision. The plan shall be drawn at a scale of not less than 100 feet to the inch. The preliminary plan shall be signed and sealed by a State of Georgia certified land surveyor and shall contain the following information:

a.

Existing features. All of the following existing features shall be noted on the preliminary plan:

1.

The bearings and distances of the boundary lines of the property to be subdivided;

2.

The location of any streams, natural drainageways, and other waterways which exist on the property;

3.

The distance and direction to public water lines and sanitary sewer lines;

4.

The name, location, and right-of-way width of existing streets either on the property or on the land adjoining the property;

5.

Existing contours of the property in solid lines and at one-foot intervals and based on 1988 North American Vertical Datum (NAVD);

6.

The name of subdivision or property owners adjoining the property;

7.

The line delineating the jurisdiction of the Department of Natural Resources (JD line) that is not more than one year old, if applicable;

8.

The line delineating the landward toe of the landward-most dune as certified by the Georgia Department of Natural Resources Coastal Resource Protection Division that is no more than one year old, if applicable;

9.

The line delineating a 10-foot setback distance from the landward toe of the landward-most dune that is no more than one year old, if applicable;

10.

All flood zones as shown on the most recently adopted Flood Insurance Rate Map (FIRM), if applicable;

11.

The location of public or private rights-of-way or easements, and of parks or other public spaces either on the property or adjoining the property; and,

12.

The location of all trees as defined in Article 2 of this Land Development Code.

b.

Proposed design features. All proposed improvements or alterations to the property features shall be noted on the preliminary plan:

1.

The location, purpose, and width of any proposed easements.

2.

Lot lines and lot line dimensions; proposed lot numbers.

3.

The location and specifications for proposed streets and lanes, including right-of-way lines, proposed finished grades, proposed parking areas and type of surfacing, profiles and typical cross- sections of streets, and such other information as shall be required to show compliance with the design specifications established by this Land Development Code for streets.

4.

Proposed street names.

5.

Proposed final contours in dashed lines at one-foot intervals and based on 1988 North American Vertical Datum (NAVD);

6.

Proposed building lines.

7.

Proposed crosswalks.

8.

The location of proposed monuments.

9.

The expected limits of the 100-year floodplain where appropriate.

c.

Other information. In addition to the existing and proposed features listed above, the following information is also required with the preliminary plan:

1.

Name of proposed subdivision, scale of the plan, north arrow, date, size of the tract being subdivided, key map showing location of the proposed subdivision in the city.

2.

A statement from the subdivider shall be placed on the preliminary plan which shall describe the method by which storm sewers, sanitary sewers, and water facilities will be provided. If septic tanks or individual waste disposal systems are to be used in a subdivision, then percolation tests shall be made in accordance with Chatham County Health Department requirements and the results of such tests, together with a contour map showing the site of each test hole, shall accompany the preliminary plan.

3.

Grading and drainage plans shall be submitted with each subdivision application. If the required drainage plans reveal that a request for subdivision approval would overload the capacity of the channel downstream or increase flood stages upstream, the subdivision approval permit shall be denied, unless equivalent flow and storage capacity is replaced and maintained by the owner within the floodplain affected.

4.

When the preliminary plan includes only a part of the tract on which the subdivider has an interest, the developer shall submit a tentative street plan for all of said tract.

5.

All exhibits accompanying the preliminary plan shall be prepared by a State of Georgia registered civil engineer and shall contain the seal of such engineer along with a statement that the plan meets the provisions and standards of Flood Damage Prevention, Article 8, for the city.

d.

Deadline for preliminary plan submission. The preliminary plan shall be filed with the planning commission in accordance with the procedures set by the planning commission. The mayor and council will not act upon a preliminary plan until it has met the approval of the city's consulting engineer or his designee.

(Ord. No. 1999-25, 8-12-1999; Ord. No. 2002-22, 10-10-2002; Ord. No. 2002-22 Application for Permits, amended 2-5-2003; Ord. No. 1999-25, amended 8-12-1999; Ord. No. 1999-15, amended 6-4-1999; Ord. No. 39-2011, 10-13-2011)

Recombination of lots in their entirety may be approved by staff so long as there is no creation of a nonconforming lot or structure.

(Ord. No. 40-2011, 10-13-2011)

After a completed application has been filed, the next step in the approval process for a zoning action or subdivision of land required by this Land Development Code is to set a date for a public hearing on the matter and render proper notice to the public. Proper public hearing notice procedures are as follows:

(A)

Legal notice. Notice of public hearings before the planning commission and the mayor and council as required by this section shall be published within a newspaper of general circulation within the city in which are carried the legal advertisements of the city and shall state the time, place and purpose of the hearing and shall also include the location of property that is the subject of the zoning action, the present zoning district of said property, and the proposed zoning district or proposed zoning action of said property. Such notice for the official public hearing before the mayor and council shall be published at least 15 days; but, not more than 45 days prior to the date of the hearing.

(B)

Signs posted. Where a zoning action of property is initiated, a designated official of the city shall post a sign at least 15 days prior to the mayor and council public hearing, in a conspicuous place on the property for which an application for a proposed zoning action has been submitted. The sign or signs will contain information as to the current zoning district, the proposed zoning district or zoning action, and the date, time and location of the public hearings before the planning commission and the mayor and council.

(C)

Notification to nearby property owners or occupants. At least 15 days, but not more than 45 days, before the scheduled public hearing, the zoning administrator shall notify all neighboring property owners or occupants within a 200-foot radius of the location of the property for which the relief is requested on applications for rezoning, variance, special review and/or site plan approval. Notice, in addition to the date, time and place of the public hearing, shall include the location of the property and the relief sought. Failure of the zoning administrator to send out notices, or the failure of the property owners or occupants to receive notification shall not affect the validity of any determination of an application, as this procedure exists as a supplement to the legally required notification procedures.

(D)

[Additional public hearings.] In instances where O.C.G.A. § 36-66-4(h)(1) would require that there be additional public hearings because of efforts to change land zoned for single- or two-family dwellings (R-1, R-1-B, R-2 and R-T) to zoning for multi-family dwellings (C-1 or R-T after special review), the procedures required by O.C.G.A. § 36-66-4(h)(1) apply.

(Ord. No. 2023-05, § 1, 4-27-2023; Ord. No. 2023-06, § I, 4-27-2023)

Whenever a zoning action or subdivision procedure takes place, a hearing must be held before the public. Unless otherwise required by law, only one official public hearing is required for text amendments, rezonings, special uses, and concurrent variances, or any combination thereof. In Tybee Island there are two public hearings held for each zoning action or subdivision procedure, one before the planning commission and the other before the mayor and council. The public hearing before the mayor and council is by record the official public hearing. The purpose of each public hearing is to discuss information pertinent to the particular action or procedure. During the hearing the following rules and actions shall be followed:

(A)

General rules of conduct. Whenever a public hearing is required by this Land Development Code or by state law prior to consideration of a zoning action, such public hearing, whether conducted by the mayor and council or the planning commission, shall be conducted in accordance with the following procedures:

(1)

The public hearing shall be called to order by the presiding officer.

(2)

The presiding officer shall explain the procedures to be followed in the conduct of the public hearing.

(3)

If the subject of the hearing is initiated by an applicant other than the mayor and council, the petitioner requesting such zoning decision, or the applicant's agent, shall be recognized first and shall be permitted to present and explain the request for the zoning decision. Thereafter, all individuals who so desire shall be permitted to speak regarding the zoning decision.

(4)

If the request is initiated by the mayor and council, all members of the council shall be allowed to speak as they are recognized by the mayor or presiding officer. Thereafter, all individuals who so desire shall be permitted to speak regarding the zoning decision.

(5)

When any person wishes to speak at a public hearing, he shall raise his hand and, after being recognized by the presiding officer, shall stand and give his name, address, and make any comment appropriate to the proposed zoning decision. If within two years immediately preceding the filing of the applicant's application for a zoning action, the speaker has made campaign contributions aggregating to more than $250.00 to any member of the mayor and council or any member of the city planning commission, it shall be the duty of the speaker to disclose the following information five days prior to the official public hearing:

a.

The name of the local government official to whom the campaign contribution or gift was made;

b.

The dollar amount of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for zoning action and the date of each contribution;

c.

An enumeration and description of each gift having a value of $250.00 or more made by the applicant to the local government official during the two years immediately preceding the filing of the application for the zoning action;

d.

In the event that no such gift or contribution was made, the application shall affirmatively so state.

Campaign disclosure forms are available at the Tybee City Hall during normal hours of operation. Also, campaign disclosure forms shall be made available to the public at the planning commission public hearing for use at the official public hearing before the mayor and council.

(6)

The applicant shall have an opportunity, after all comments in opposition have been made, to make summary remarks concerning the proposed zoning decision.

(7)

Thereafter, the presiding officer shall announce that the public hearing for the requested zoning decision is closed, and the mayor and council or the planning commission, as the case may be, shall immediately and openly discuss the proposed zoning decision and vote on action which they are authorized to take.

The above rules of conduct for public hearing shall be the policies and procedures of the city governing the calling and conduct of hearings under the Land Development Code. Copies of these rules of conduct and policies and procedures shall be available for distribution to the general public. In any action on a zoning decision and for each zoning decision there shall be a minimum of ten-minutes time at the hearing for presentation of data, evidence and opinion by proponents of the zoning decision and an equal amount of time for presentation by opponents.

(B)

Actions specific to the planning commission during a public hearing. In all zoning actions in the city the planning commission is a recommending body and all final decisions must be made by the mayor and council. However, the planning commission has an important role in the public hearing process. This role is as follows:

(1)

All proposed zoning actions shall be reviewed by the planning commission in a public hearing in accordance with the procedures set forth in subsection (A) of this section;

(2)

The planning commission shall review and consider a recommendation to the mayor and council with respect to the application for a zoning action. The planning commission may decide to make no recommendation or it may make any of the following recommendations with respect to an application for a zoning action; approval, denial, deferral, withdrawal without prejudice, reduction of the land area for which the application is made, change of the zoning district requested, or imposition of zoning conditions; and,

(3)

The planning commission shall submit its recommendation on a zoning action application to the mayor and council prior to the scheduled public hearing in which the mayor and council will consider the application for a zoning decision. If the planning commission fails to submit a recommendation prior to the public hearing, the planning commission's recommendation shall be deemed one of approval.

(C)

Actions specific to the mayor and council during a public hearing.

(1)

Before taking action on a proposed amendment and after receipt of the planning commission recommendations and reports thereon, the mayor and council shall hold a public hearing on the proposed amendment at their next scheduled meeting.

(2)

So that the purpose of this Land Development Code will be served and so that health, public safety and general welfare will be secured, the mayor and council may in its legislative discretion:

a.

Approve or deny the proposed zoning action as submitted;

b.

Reduce the land area for which the application is made;

c.

Change the zoning district to one other than that requested; or,

d.

Add or delete zoning conditions as the mayor and council deems appropriate.

(3)

An action to defer a decision on the proposed amendment shall include a specific meeting date to which the proposed amendment is deferred. The mayor and council may also approve a withdrawal of an application, and if so stipulated by the mayor and council in its decision to approve withdrawal, the 12-month limitation on re-filing of the application for the same property shall not apply.

(D)

Public hearings records standards. The city clerk or an agent of the city clerk shall mechanically record the proceedings of all zoning public hearings. If requested by any party, verbatim transcripts of the public hearing can be prepared, but only if requested and purchased in advance by the requesting party, who must arrange at his expense for a certified court reporter to record and transcribe the hearing and furnish the original of the transcript to the mayor and council for its records. The record of the public hearing and all evidence (e.g., maps, drawings, traffic studies, etc.) submitted at the public hearing shall be noted as such and shall become a permanent part of the particular zoning action's file.

(E)

[Appeals.] In the event that an applicant is dissatisfied with a zoning decision of the mayor and council, the applicant may, within 30 days of the written decision, challenge the decision of the mayor and council as required by O.C.G.A. § 36-66-5.1. Pursuant to O.C.G.A. § 36-66-5.1(c), where an applicant challenges a decision, the mayor shall serve as the designated elected official with the power to approve or issue any form or certificate necessary to perfect the applicant's petition and who shall accept service of such petition on behalf of the mayor and council during normal business hours, at the offices of the local government.

(Ord. No. 1999-06, 4-22-1999; Ord. No. 2002-16, 7-11-2002; Eliminated subsection "E"; Ord. No. 2002-16, amended 1-9-2003; Ord. No. 2000-14, amended 6-28-2000; Ord. No. 1999-06, amended 5-24-1999; Ord. No. 2023-07, § I, 4-27-2023; Ord. No. 2023-08, § I, 4-27-2023)

Land uses listed in Article 4 of this Land Development Code that are permitted after special review must follow an administrative procedure prior to the issuance of any land development permit.

(A)

Review criteria. The planning commission shall hear and make recommendation upon such uses in a district that are permitted after special review. The application to establish such use shall be approved by the mayor and council on a finding that:

(1)

The proposed use will not be contrary to the purpose of this Land Development Code;

(2)

The proposed use will not be contrary to the findings and recommendations of the master plan;

(3)

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood or adversely affect the health and safety of residents and workers;

(4)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement associated with the use, noise or fumes generated by or as a result of the use, or type of physical activity associated with the land use;

(5)

The proposed use will not be affected adversely by the existing uses of adjacent properties;

(6)

The proposed use will be placed on a lot which is of sufficient size to satisfy the space requirements of said use;

(7)

The parking and all development standards set forth for each particular use for which a permit may be granted will be met.

(B)

Additional mitigation requirements. The planning commission may suggest and the mayor and council may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.):

(1)

As may be necessary to protect the health and safety of workers and residents in the community; and

(2)

To protect the value and use of property in the general neighborhood.

(C)

Adherence to requirements. Provided that wherever the mayor and council shall find in the case of any permit granted pursuant to the provisions of these regulations, noncompliance of any term, condition, or restrictions upon which such permit was granted, the mayor and council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

(D)

Permit longevity. If a building permit or other preparations or conditions are required prior to implementing special review approval granted by the mayor and council such permitting or other preparations or conditions must occur within 12 months from the date of special review approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by planning commission and mayor and council. In the event of a hardship or other extenuating circumstance the permit holder may apply to the designated city official for a one-time extension of permit approval. Permit extensions may not be approved in extenuating circumstances for a period of no more than 180 days. Should the permit not be exercised in the extension period it will expire.

(Ord. No. 05-2013, 1-10-2013)

The site plan approval process is intended to provide the general public, planning commission, and mayor and council with information pertinent to how a new development will affect the surrounding area and the city as a whole and to ensure compliance with all applicable regulations and considerations as hereinafter stated. Where a variance, special review, or any other land development activity is involved in connection with a site plan, the standards applicable to the variance, special review, and/or land development activity applied for shall apply.

(A)

Process. Upon submittal of the site plan, the designated city official will review the site plan for noticeable discrepancies and determine if there is a need to apply for other zoning actions. The site plan is then forwarded to the city's consulting engineer. Once the engineer has submitted comments to the designated city official, a public hearing before the planning commission shall be scheduled. The public hearing shall be held regardless of whether the site plan meets the requirements of this Land Development Code. Until the applicant addresses all of the engineer's comments and the site plan is satisfactory, the mayor and council will not consider the plan.

In addition to all other requirements, any applicant for a site plan must identify all prior site plan applications made by the applicant, any affiliates/relatives, corporate or business entities in which the applicant has had an interest for the property which is the subject matter of the current application.

The applicant must identify any parking meters proposed to be eliminated from city rights-of-way by the proposed site plan implementation.

The applicant must demonstrate compliance with all other applicable ordinances including but not limited to stormwater, flood damage prevention, and buffering.

In considering a site plan, the mayor and council may consider whether the proposed development will be unreasonably detrimental to adjacent or nearby uses and whether the proposed development will adversely impact existing conditions in the overall neighborhood, including but not limited to:

(1)

The impact or lack thereof on available resources and utilities.

(2)

Whether the proposed development is of a scale and mass so as to be compatible with the character of the neighborhood.

(3)

Whether the proposed development is consistent with the character area under the master plan.

(4)

Density considerations for the neighborhood including demands on infrastructure, traffic, and other relevant factors.

In considering a site plan, the mayor and council may approve or deny the application as submitted, or add or delete conditions appropriate to protecting the interest of the applicant as well as those of nearby properties. Buffering requirements beyond those expressly identified may also be imposed. If conditions are added or deleted the applicant must subsequently submit a revised plan of the proposed development to the designated city official and all such conditions that had been added or deleted must be accepted by the city's consulting engineer.

If all of the foregoing requirements have been satisfied and further if the mayor and council find that the benefits of and need for the proposed use and project are greater than any possible depreciating effects and damages to the neighboring properties, the application may be granted.

(B)

Other zoning actions. Because special review, variances and map amendments require site plans, site plan review may be the first step in the permitting process, however, the site plan should identify any other zoning actions necessary in order for the intended development to be constructed so that a public hearing can be held on all such zoning actions simultaneously with the public hearing on the site plan. Site plan approval should encompass approval of all other zoning actions necessary to accomplish the development, however, if the intended development is to be altered from an approved site plan, additional public hearing and review is necessary if an additional special review, variance or map amendment is necessitated by the proposed alteration.

(C)

Site plan longevity. After a site plan has been approved by the mayor and council it shall be valid for a period of 18 months from the date of approval. If a building permit has not been obtained and work has not begun, the site plan approval shall be void and a new application must be submitted for site plan approval.

(Ord. No. 1999-26, 8-12-1999; Ord. No. 2002-15, 7-11-2002; Ord. No. 2002-15, amended 1-9-2003; Ord. No. 1999-26, amended 8-12-1999; Ord. No. 1999-19, amended 6-15-1999; Ord. No. No. 2005-14, § 1, 5-26-2005; Ord. No. 2005-14, § 1, 5-26-2005; Ord. No. 01-2015, § 1, 1-15-2015)

(A)

Standards. After an application has been submitted to the designated city official, reviewed by the planning commission, and a public hearing has been held by the mayor and council, the mayor and council may grant a variance from the strict application of the provisions in this Land Development Code only if a physical circumstance, condition, or consideration exists as described in subsection (1).

(1)

There are unique physical circumstances or conditions or considerations beyond that of surrounding properties, including a substandard lot of record that existed prior to March 24, 1971 (see section 3-040); irregularity; narrowness; or shallowness of the lot shape; or exceptional topographical or other physical circumstances, conditions, or considerations related to the environment, or to safety, or to historical significance, that is peculiar to the particular property; and;

(2)

Because of such physical circumstances or conditions or considerations, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property.

(3)

A nonconforming use or structure does not constitute a unique physical circumstance, condition, or consideration.

(B)

Height. No part of any structure shall project beyond 35-feet above the average adjacent grade of a property except:

(1)

See section 2-010, terms and definitions; height of building.

(2)

The following items that were existing on the date of the adoption of this section; flag poles, television aerials, water towers and tanks, steeples and bell towers, broadcasting and relay towers, transmission line towers, and electric substation structures.

(C)

Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period of 12 months from date of approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by the mayor and council.

(D)

Reviewing variance applications. The designated city official, planning commission, and governing body, shall consider the factors stated herein in reviewing variance applications in taking action on a particular variance. In exercising the powers to grant variances, the mayor and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of these regulations.

(E)

Application approval. Notwithstanding any other provisions of this Code of Ordinances, the designated city official may approve applications for variances without the need of public hearings and without the need of review by the planning commission or the mayor and council as follows:

(1)

When either of the following circumstances exists:

a.

The proposed improvement or alteration will not result in an expansion of the existing footprint of the existing structure; or

b.

No additional encroachment into any setback shall be created by the proposed improvement, construction or addition.

(2)

When each of the following circumstances also exists:

a.

No encroachment or construction of habitable space or other prohibited improvements will exist below one foot above the base flood elevation; and

b.

The requested improvements or construction will not violate existing zoning provisions.

This subsection shall have specific application to existing nonconforming structures as referred to in section 3-020.

(F)

Compliance with ordinances. Notwithstanding any other provision of this Code of Ordinances, no application for a variance may be accepted nor may any variance be granted with respect to any property that is then not in compliance with the requirements of ordinances for the condition on which the variance is sought, unless the applicant files with the application a detailed written explanation of how, when, and by whom the need for a variance was created. In such a case, the planning commission shall make a recommendation to the mayor and council as to whether the variance should be approved or rejected or modified and the mayor and council, following a public hearing, may approve, reject or modify the variance request. In the event property is constructed in violation of the ordinances, the violation status remains until such time as the condition is rectified and placed in conformity with the ordinances. Violations of the ordinances may be subject to the enforcement provisions of this Code and all penalties permissible by law. A variance that is granted under this section does not excuse prior violations including those that have resulted or may result in enforcement action by the city.

(Ord. No. 1999-27, 8-12-1999; Ord. No. 2002-08, 5-9-2002; Ord. No. 2002-08 Variances, amended 8-29-2002; Ord. of 8-11-2005; Ord. No. 14-2010, 8-26-2010; Ord. No. 57-A-2014, § 1, 12-11-2014; Ord. No. 2019-10, § 1, 4-25-2019)

The standards for variances from flood damage prevention ordinances are set out in article 8 of the Land Development Code and those provisions are hereby incorporated herein.

(Ord. of 10-9-2008(4), § I)

In order to promote the public health, safety, and general welfare of the city against the unrestricted use of property, the following standards and any other factors relevant to balancing the above stated public interest will be considered, when deemed appropriate, by the mayor and council in making any zoning decision:

(A)

The existing land use pattern;

(B)

The possible creation of an isolated district unrelated to adjacent and nearby districts;

(C)

The existing population density pattern and the possible increase or overtaxing of the load on public facilities;

(D)

Whether changed or changing conditions make the passage of the proposed amendment reasonable;

(E)

Whether the proposed change will adversely influence existing conditions in the neighborhood or the city at large;

(F)

Potential impact on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity;

(G)

The reasonableness of the costs required of the public in providing, improving, increasing or maintaining public utilities, schools, streets and public safety necessities when considering the proposed changes;

(H)

Whether the proposed change will be detrimental to the value or improvement or development of adjacent or nearby property in accordance with existing requirements;

(I)

Whether the proposed change is out of scale with the needs of the neighborhood or entire city;

(J)

Whether the proposed change will constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the general public; and,

(K)

The extent to which the zoning decision is consistent with the current city master plan or other local planning efforts, if any, of the city.

In conjunction with the approval of a rezoning of property in accordance with this article, the city council may impose conditions to rezoning approval which shall have the full force and effect of law. A condition to rezoning approval may be imposed regardless of whether it is agreed to by the applicant or property owner. Use or development of the rezoned property shall not be permitted unless the conditions are fully complied with. A property owner may request an amendment to any condition imposed by the city council by application to the city and compliance with the procedures for rezoning of property.

(Ord. of 9-28-2006)

It is the responsibility of the building inspector to determine whether the information provided by the applicant meets the requirements of the sign regulations in article 6. Once a determination is made the building inspector may grant sign approval. Sign permit approval does not constitute approval of any other zoning action or permit.

It shall be the duty of the planning commission to inspect preliminary plans and to recommend approval or disapproval of such plans. It shall be the duty of the planning commission to inspect final plats and the information submitted with such final plats, and to recommend approval of such final plats when the requirements of this article have been met and to recommend disapproval of such final plats when the requirements of this article have not been met. When the planning commission acts on a plat, it shall forward it to the mayor and council with its recommendations.

(A)

Action on preliminary plan. If the planning commission finds that the proposed design of the subdivision shown on the preliminary plan complies with the design requirements of these regulations, it shall recommend approval of such preliminary plan to the mayor and council. If the planning commission finds that the proposed design of the subdivision shown on the preliminary plan does not comply with the design requirements of these regulations, then the planning commission shall either recommend disapproval of such plan or shall recommend approval of such plan on the condition that specified violations are corrected prior to the submittal of the final plat. When the mayor and council disapprove of a preliminary plan, it shall give the developer the reasons for such disapproval in writing. Except where an extension of time is authorized by the applicant, the planning commission shall have up to 30 days from the date of the submission of a preliminary plan to act on such plan. Unless the planning commission makes a recommendation for approval or disapproval on an application within the 30-day period, it shall be deemed that a recommendation of approval has been issued by the planning commission. The mayor and council, following review by the planning commission, shall hold a public hearing in accordance with the procedures applicable thereto. Following the public hearing, the mayor and council may approve, disapprove or require modifications to the subdivision plat.

(B)

When preliminary plan approved, work may proceed. When a developer receives approval of the preliminary plan showing the design of his proposed subdivision, he may proceed with the construction of the subdivision, such construction shall conform with the design submitted to and approved by the mayor and council.

(C)

Time limit on preliminary approval. The mayor and council's approval of a preliminary plan shall be valid for one year. If work has not started on a subdivision which has been granted preliminary plan approval on or before the end of this one-year period, then the plan of such subdivision shall be resubmitted for preliminary approval; provided, however, that this time may be extended unless changes have occurred in this article, or in the character of the property surrounding the property of the proposed subdivision which make it necessary to revise the design of the proposed subdivision as determined by the mayor and council.

(D)

Final plat. Before a plat of a subdivision is recorded with the clerk of the Superior Court of Chatham County and the lots thereon offered for sale, an original and four prints of a final plat showing the final design of the subdivision shall be submitted to the planning commission for review. Until a final plat of a subdivision has been submitted to and reviewed by the planning commission and approved and signed by the zoning administrator, mayor, and clerk of the city, the clerk of the Superior Court of Chatham County shall not record the plat of such subdivision, nor shall the owner or agent of such subdivision be authorized to transfer or sell any of the land within such subdivision by reference to a plat. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the planning commission. The original copy of the final plat shall be drawn on 18" x 24" sheets of Mylar reproducible material at a scale of not less than 200 feet to the inch. Where necessary, the final plat may be several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall contain the following information:

(1)

Primary control points to which all dimensions, angles, bearings, and similar data on the plat shall be referred.

(2)

Tract boundary lines; right-of-way lines of streets; easements and other rights-of-way; property lines of all lots; and in all such cases with surveyed dimension, bearings or deflection angles, radii, arcs, and central angles of all curves shown.

(3)

Name and right-of-way width of each street or other right-of-way.

(4)

Location, dimensions, and purpose of any easement.

(5)

Number to identify each lot or site.

(6)

Purpose for which sites, other than residential lots, are dedicated or reserved.

(7)

Minimum building setback line on all lots and other sites.

(8)

Location and identification of monuments.

(9)

Names of record owners of adjoining unplatted land.

(10)

Reference to recorded subdivision plats of adjoining platted land by record name.

(11)

Certificate that all survey work was performed by a registered civil engineer or registered surveyor.

(12)

Statement by owner, on the plat, dedicating streets, rights-of-way, easements, and any sites for public use. This statement shall be signed by the owner, or his attorney as agent, and shall read as follows:

All streets, rights-of-way, easements, and any sites for public use as noted on this plat are hereby dedicated for the use intended.

_________________

(owner or attorney as agent)

Such dedications must be formally and specifically accepted by the mayor and council of the city before such dedications shall be binding on the city.

(13)

Title, scale, north arrow, and date.

(14)

Key map showing the location of the subdivision in the city.

(15)

All plats shall show the expected limits of the 100-year flood where appropriate.

(16)

Any further requirements as specified by O.C.G.A. § 15-6-67.

[(E)

Reserved.]

(F)

Certificate from county health department. If lots are to be served by neither public sewers nor public water, nor both then the final plat shall be accompanied by a certificate from the county health department certifying health department approval of the water supply system and/or waste disposal system to be used and health department approval of lot sizes and lot widths established in such subdivision.

(G)

Certificate from engineer. At the time the final plat is submitted, it shall be accompanied by a certificate from the developer's engineer certifying that the subdivider has complied with either of the following conditions:

(1)

All improvements have been installed in accord with the requirements of this article and the flood damage prevention provisions for the city (article 8 of this Land Development Code) and in accord with the design approved by the mayor and council on the preliminary plan; and

(2)

A bond, escrow account or certified check has been posted, which is available to the city, and in sufficient amount to assure the completion of all required improvements, as well as to assure the maintenance thereof for a period of not more than 12 months after completion. The mayor and council may reduce the bond or escrow account 50 percent at the end of six months. At the end of the second six months, the developer shall request an inspection, and if no faults or failures have developed, the mayor and council shall release the bond or escrow. Such bond or escrow shall remain in force until released by the mayor and council after due inspection of said improvements and shall not automatically expire at the end of 12 months.

(H)

Filing the final plat. The final plat shall be filed with the planning commission not less than 20 days prior to a regular meeting of the planning commission.

(I)

Action on final plat. If the planning commission finds that all the requirements of this section have been met, it shall recommend approval of the final plat and submit such plat to the mayor and council. If the planning commission finds that all the requirements of this section have not been met, and after deficiencies have been discussed and reviewed with the sponsor, and the sponsor given a period of time which shall not exceed 90 days to take corrective action, then the planning commission shall recommend disapproval of the final plat to the mayor and council and shall set forth its reasons for such recommendations in writing. Except where an extension of time is authorized [stipulated] by the applicant for final plat review, the planning commission shall have 30 days from the date of the submission of a final plat to submit its recommendations on such plat to the mayor and council. Unless such action is taken within such 30-day period, then such plat shall be deemed to have received a recommendation for approval from the planning commission, and the mayor and council may take final action on such plat without waiting further for the recommendations of the planning commission.

(1)

When the final plat has been approved, the city shall present the final plat to the clerk of the Superior Court of Chatham County to be recorded. The zoning administrator shall provide the subdivider with the subdivision map book number and page number in which the subdivision has been recorded by the clerk of the superior court. The cost of such recording shall be paid by the subdivider and shall be deposited with the city clerk prior to such recording.

(2)

After the final plat of the subdivision has been recorded, then all lots shown on such subdivision may be made available for sale and such subdivision shall be entitled to all privileges and services available to other subdivisions within the city.

(J)

Revisions to recorded plat. If during the development process revisions must be made to either the preliminary or final plat as approved by the health department, engineer, planning commission or mayor and council, the following shall apply:

(1)

Major revisions. The subdivider shall file with the planning commission copies of the proposed revision to a recorded plat together with all supporting information as required by these regulations. Proposed revisions to a recorded plat which alter or change in any way the street and/or utility layout of said plat shall be submitted as a preliminary plan in accordance with subsection (A) of this section.

(2)

Minor revisions. Proposed revisions to a recorded plat which do not alter or change in any way the street and/or utility layout of said plat shall be submitted as follows: the subdivider shall file with the planning commission four copies of the original plat with all minor revisions shown in red. The plats shall be accompanied by a statement signed by all affected property owners acknowledging their awareness of and approval of the revisions. Proposed revisions shall be reviewed by the planning commission. Upon a finding that the revisions comply with all applicable regulations, the revised plats shall be submitted to the mayor and council for approval. One copy of the approved plat shall be recorded and one copy shall be attached to the originally recorded plat as part of the public record.

(Ord. No. 1999-28, 8-12-1999)

Minor subdivisions may be submitted as final plats, and shall comply with the requirements of these regulations, including minimum finished floor elevation requirements, with the following exceptions:

(A)

Setback and dead-end street regulations established in article 10 will not apply unless the streets' original development and the lots' original establishment was governed by this Land Development Code. Setback shall not be less than the average setback existing in the blocks on each end of the affected city block, in the street affected.

(B)

Topographic information shall be required. (Ord. No. 2003-21, 10-9-2003)

(C)

Only one benchmark shall be required. An existing accessible benchmark within 200 feet of petitioner's property, if shown on the plat, shall satisfy this requirement.

(D)

A drainage plan with supporting calculations is required. The plan and calculations shall be prepared by a professional engineer licensed by the state to provide such services.

(E)

Provided that where a series of minor subdivisions are developed or proposed immediately adjacent to one another, the planning commission or mayor and council may require the developer to comply with the procedures for major subdivisions.

(F)

Residential lots having peculiar shape or topography may be approved utilizing private driveway access easements, provided the purpose and intent of these regulations are met. Such easements shall have a minimum width of 20 feet. The following notation shall be placed on the subdivision plat: "The private driveway access easement is hereby dedicated perpetually for use by the owners and residents of all lots within this subdivision and will not be maintained by the city." This provision will only be applicable to minor subdivisions.

(G)

In the event the applicant has no present plans to construct on the property, an appropriate statement shall appear upon the plat to the effect that all drainage requirements must be met prior to the issuance of a building permit on any lot in the subdivision and that there will be compliance with article V, chapter 22 of the City Code except to the extent the requirements of that article may be inconsistent with this section.

(H)

Time limit on minor subdivision plat approval. The mayor and council's approval of a minor subdivision plat shall be valid for 60 calendar days from the date of approval. If the plat has not been recorded with the county superior court on or before the end of the 60-calendar-day period, then the plat shall be resubmitted for reconsideration.

(Ord. No. 2003-21, 10-9-2003; Ord. No. 2004-17, 8- -2004; Ord. No. 2004-17, 8- -2004; Ord. No. 2004-17, amended 1-12-2005; Ord. No. 2003-21 Minor Subdivision, amended 12-15-2003; Ord. No. 37-A-2014, § 1, 8-14-2014; Ord. No. 03-2018, § 1, 4-26-2018)

(A)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(B)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(C)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(D)

Base flood elevation data shall be provided for subdivision proposals and other proposed development.

Notwithstanding any other provision of the Code of Ordinances, the building official of the city is authorized to approve minor subdivisions of duplexes which have been completed and which have passed the requisite fire inspections without the need for review by the planning commission or mayor and council and without the need for any public hearing.

(Ord. No. 2000-15, 4-13-2000; Ord. No. 2000-15, add 6-28-2000)

The development plan for the maritime district shall comply with the following standards:

(A)

Access shall be located, designed and improved for safety, convenience, efficient circulation on the property, and a minimum of interference with normal traffic flow.

(B)

Driveways and curb cuts intersecting with public rights-of-way shall be marked and shall not exceed a maximum width of 30 feet.

(C)

Pedestrian ways shall be separated from vehicular traffic ways.

(D)

A natural or manmade buffer shall be required where residential use abuts commercial use in this district, 25 feet will be required.

(Ord. No. 1995-17, 12-7-1995; Ord. 1995-17, add 11-10-1999)

(A)

Foundation survey. Any person erecting, moving, enlarging, or reconstructing any principal or any accessory structure by 250 square feet or greater, which, under this ordinance, requires a building permit shall upon completion of the construction of the footings, concrete slab, piers, or other foundations, submit to the community development department a letter from the architect or the owner's agent certifying that the required setbacks have been met along with a survey prepared by a Georgia registered land surveyor showing the locations, boundaries, dimensions, elevations, and sizes of the following: the boundaries of the lot, all existing structures including foundations and their relationship to the lot(s) lines. The designated city official shall compare the location of all new or extended footing, concrete slabs, piers, or other foundations with the location of all proposed construction activity reported on the building permit application. No further inspections such as electrical, plumbing, or HVAC may occur after the foundation inspection unless the designated city official shall find that the foundation location is consistent with the permit as issued. A determination that the foundation location is consistent with the building permit as issued shall not be construed as a warranty or guarantee that the as-built drawing will be approved [see Section 5-156(B)]. In all circumstances it is the responsibility of the owner, contractor or applicant to satisfy all setback requirements. A foundation survey is not required when an approved building plan shows all the setbacks to be double those required.

(B)

As-built drawing requirements. On a project which site plan approval, special review, engineering, a drainage plan, or plan review is required, the owner, contractor or applicant shall file an as-built plan certified by a State of Georgia certified engineer, surveyor or architect demonstrating compliance with the previously approved plans and identifying any deviations therefrom. If there are deviations identified, the engineer or architect must certify that the deviations will not materially adversely alter the stormwater controls or drainage characteristics of the original plan or that the deviations are within acceptable levels of tolerance recognized by the profession. Until such certified as-built plans are accepted by the city and approved, no certificates of occupancy may be issued.

(C)

Height certification. The city shall have the right to request that the contractor have a State of Georgia certified engineer or surveyor certify the height of any structure.

(Ord. No. 2000-23, 9-14-2000; Ord. No. 2000-23, add 10-4-2000; Ord. of 1-26-2006(3); Ord. No. 38-2011, 9-22-11)

(A)

Zoning enforcement officer. The mayor and council shall provide for the enforcement of this Land Development Code by appointing a zoning administrator, who shall, jointly with the city marshal and other inspections personnel, have the right to withhold building permits. The zoning administrator shall not have the authority to grant approval to any building permit that does not meet the requirements of this Land Development Code.

(B)

Violations. Any building or structure that is erected, altered, converted, or maintained in violation of this Land Development Code shall be subject to a minimum penalty of $500.00. Continuance of a violation shall be considered a separate and distinct offense for every day the violation is continued.

(C)

Enforcement of violations. When the zoning officer finds that any provision of this Land Development Code is being violated, the zoning officer or agent thereof shall execute the following procedures:

(1)

Thirty days prior to legal action by the city, send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional notices may be sent at the zoning officer's discretion.

(2)

Fifteen days prior to legal action by the city, send a final notice by certified mail stating the action the zoning officer intends to pursue if the violation is not corrected and shall advise that the zoning officer's decision may be appealed to the mayor and council at the next scheduled meeting.

(3)

The zoning officer shall request a summons, accusation, or complaint from the clerk of the municipal court of Tybee Island. "Complaint" shall mean summons, citation, accusation or statement of violation.

a.

Upon receipt of the complaint, the clerk of the municipal court shall cause the complaint and a hearing notice to be issued and served upon the owner of and any parties in interest in the property or sign which is involved in or is the subject of the complaint. Such hearing shall be held before the judge of the municipal court not less than ten days nor more than 30 days after service of the complaint, unless continued as provided by law.

b.

Complaints or orders issued by the municipal court pursuant to the provisions of this Land Development Code shall, in all cases, be served upon each person in possession of said property, each owner, and each party in interest; and the return of service signed by the public officer or his agent and the return of such public officer that such party or parties were served either personally or by leaving a copy of the complaint or order at the residence shall be conclusive as to such service, to the extent permitted by law.

c.

If any of the owners and parties in interest reside out of the city, service shall be perfected by causing a copy of such complaint or orders to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties and the return of services signed by the public officer or his agent other than the resident initiating the complaint; and the return of such public officer that such party or parties were served either personally or by leaving a copy of the complaint or order at the residence shall be conclusive as to such service, to the extent permitted by law.

d.

Nonresidents of this state shall be served by posting a copy of such complaint or orders in a conspicuous place on premises affected by the complaint or orders. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered or certified mail.

e.

In the event either the owner or any party in interest is a minor or an insane person or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or municipality or is a nonresident he shall be served as provided for in subsection (C)(3)d. of this section. If such guardian or personal representative or in the event such minor or insane person lives outside the city or is a nonresident, service by leaving a copy at the place of his residence which shall be sufficient evidence as to the service of such person or persons; in the case of other person who live outside of the city or are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such person.

f.

In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the zoning officer in the exercise of reasonable diligence the zoning officer shall make an affidavit to that effect, then the service of such complaint or order upon such persons shall be made in the same manner as provided in subsection (C)(3)d. of this section or service may be perfected upon any person, firm, or corporation holding itself out as an agent for the property involved.

(D)

Complaints regarding violations. Whenever the zoning enforcement officer receives a written, signed complaint alleging a violation of this Land Development Code, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.

(E)

Persons liable for violations. The owner, tenant, or occupant of any building or land or part thereof and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Land Development Code may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(A)

Alcohol beverage license. The mayor and council shall not approve an alcohol beverage license to any establishment that is not in compliance with this Land Development Code.

(B)

Occupational taxes. No business shall receive an occupational tax certificate unless such business is in compliance with this Land Development Code.

(C)

Chatham County tax assessment. Zoning actions conducted by the mayor and council may affect the tax-assessed value of a lot or parcel on Tybee Island. It is the responsibility of the landowner to notify the assessor of such changes.