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HomeMy Public PortalAbout43-2014 ORDINANCE NO. 43-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 3-100,BEACH, DUNE, OR VEGETATION DISTURBANCE/CROSSOVER MAINTENANCE AND CONSTRUCTION, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code dealing with parking decals so as to place limitations thereon, and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 3-100, Beach, dune, or vegetation disturbance/crossover maintenance and construction, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section3-100 and that the Code shall be amended as hereinafter provided. SECTION 1 Section 3-100 is hereby amended and it shall hereafter read as follows: Sec. 3-100. Beach, dune, or vegetation disturbance/ crossover maintenance and construction. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. There shall be a ten-foot setback measured from the landward toe of the landward- most dune as delineated by the state department of natural resources. SECTION 2 The sections,paragraphs, sentences,clauses and phrases of this ordinance are severable and,if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction,such illegality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THISO DAY OF ,OW-144...L, 2014. YOR ATTEST: M-- RK OF COUNCIL FIRST READING: I 1+ SECOND READING: P7f ENACTED: Se 3-100 beach dune vege disturbance 07.22.14 2