HomeMy Public PortalAbout01112016-PC PACKET.pdf
To: Mayor, City Council and members of the Planning Commission
Like most Tybee residents and property owners, I have followed the developments regarding
the implementation of a short term rental ordinance. We seem to be at a point where some
think we don’t need one and othersthink the draft we now have has been watered down too
much.
We have heard that “we don’t need another ordinance, and that we have ordinances in place
that address most of the things in the draft”.
When I was on the Planning Commission, I had begun (on my own) to review our ordinances to
see what we actually have on the books that would apply to short term rentals, as well as to all
property owners. If in fact we already have sufficient rules to govern all properties, including
rentals, we may not need to add more.We may need to better publicize, educate and enforce
those we have.
Looking at previous drafts and the two current drafts, I tried to identify the primary areas that
have been addressed. These are:
1.Application and permit
2.Garbage collection
3.Need for 24-7 availability
4.Limits of occupancy
5.Parking
6.Need to obey ordinances
7.Need for an agreement with renters
8.How to deal with violations
Using these as starting points, I reviewed our current ordinances to see if the exercise has
merit. This may have been done already, but I am not aware that it has. You will see that what I
am proposing is that rather than voting an ordinance up or down at this time, we take a little
more time, with representatives from both sides of the issue, and look at our current Codes. I
had begun this exercise, and this represents how far I took it. The following represents what I
found we already have (and my review is by no means complete).
1. Application and permit
We have our business license ordinance, which doesn't seem to exempt short term rentals
Article II Business Licenses
Sec. 34-28. - Definitions.
Business means any business, trade, occupation, profession, avocation or calling of any kind for gain or profit,
directly or indirectly; provided that this shall not include any business, trade, profession and the like licensed by
the state unless city licensing is allowed by state law, nor shall it include any business operating solely under a
franchise granted by the city.
Sec. 34-29. - License required.
Every business in this city or doing business or engaged in business within the city is required to have a business
license from the city for the privilege of engaging in a business, profession or occupation within the corporate
limits, unless city licensing is prohibited under state law or the activity is exempted by this Code.
Sec. 34-30. - Separate businesses.
Where a person conducts a business at more than one store, location or place, each store, location or place shall
be considered a separate business under the terms of this article and a separate license shall be required. Should
more than one business on which a business tax is levied by this Code conducted in or in conjunction with one
place or kind of business, each business shall be separately licensed under this article.
Sec. 34-36. - Exceptions to business licenses and tax.
Nothing herein contained shall be interpreted to require any person to obtain a business license and pay an
occupation tax when all the following conditions are met:
(1) The business transactions are the result of casual or isolated activities, defined as being without regularity,
unusual, occurring at irregular intervals, occasional, being detached or set apart, or uncombined; more specifically
being defined as business activities which occur two or fewer times in any one month, and also do not exceed 12
times in any one year; however, making products, services or properties available by advertising or the posting of
signs or otherwise on a regular basis, whether or not such products, services or properties are purchased, rented,
or obtained, shall not be considered casual or isolated activity;
(2) The business transactions involve only personal assets being either sold or rented; and
(3) The business transactions are not the principal occupation of the individual.
2. Garbage Collection
Our current ordinance spells out what both renters and homeowners need to do with their
trash:
Sec. 22-192. - Storage practices.
(c) Storage of refuse.
(1) Each householder, commercial establishment or person having refuse shall provide himself with approved
refuse containers.
(2) It shall be unlawful to place refuse in any street, alley or any other public place, or upon private property,
whether owned or not, unless that refuse is placed in an approved container, as provided in this division.
(3) It shall be unlawful to place refuse in any stream or body of water, or in any place inconsistent with the
provisions of this article.
(4) Solid waste or recycling carts shall not be placed in the city right-of-way before 12:00 p.m. the day before the
scheduled pickup day and shall be removed from the city right-of-way no later than 12:00 p.m. the day after the
scheduled pickup day. Each resident, property owner, agent, manager and/or occupant of a property is responsible
for compliance with this provision. The penalty for a violation of this subsection shall be $50.00 per citation.
3. Need for 24-7 availability
This needs some more research. There seems to be agreement that a registry of some kind
would be a good thing and that neighbors should be able to report when there is an emergency
or disturbance. It has been suggested that having a sign in front of each rental property giving
the contact information. While this would work for most single units or duplexes, it would not
be practical for large complexes, like Brass Rail where there are many units, owners and contact
persons. I suggest we create a database which lists every short term rental property on the
island, and that it include the property address, owner name, rental agent’s name if any,
number of occupants allowed, number of cars allowed and a 24-7 contact number to report any
disturbance or emergency with the property. This way, a single sign would serve a large number
of units. We could also list the police dispatch number for those who do not have internet
availability and provide a link to an on-line brochure that gives an overview of the ordinances
we are all subject to when on the island. (This brochure would also be available through
property managers to give to their guests.)
4. Limits of occupancy
I think that what goes on inside a home is generally more important than how many people are
inside, within reason. However, if we do adopt a database, each property manager/owner can
determine the maximum occupancy allowed and this number will be published in the database.
We will probably have more complaints about noise and nuisance than about how many people
are in the house. The owner, manager or Homeowner’s Association would be responsible for
the number of occupants and vehicles allowed. If there are problems, the city could impose
limits or in extreme cases, revoke the business license for that unit, as provided in the business
license ordinance.
We have current ordinances for noise and nuisance:
Sec. 22-112. - Noise disturbance prohibited.
(a) Prohibited. No person shall make, continue, or cause to be made or continued, except as permitted, any
noise disturbance, or any noise in excess of the limits for such noise established in this section.
(b) Maximum permissible sound levels. With the exception of sound levels elsewhere specifically authorized
by this article, table 1 sets forth the maximum permissible sound levels allowed at or within the real property
boundary of a receiving land use. Any activity or use that produces a sound in excess of such noise levels for a
receiving land use shall be deemed a noise disturbance and is in violation of this article.
(c) Measurement of sound. The measurement of sound or noise shall be made with a sound level meter
meeting the standards prescribed by the American National Standards Institute or its successor body. The
instrument shall be maintained in calibration and good working order. Octave band corrections may be employed
in meeting the response specification. A calibration check shall be made of the system at the time of any noise
measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise
source. The microphone used during measurement shall be positioned so as not to create any unnatural
enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when
required. Traffic, other transportation noise sources and other background noises shall not be considered in taking
measurements except where such background noise interferes with the primary noise being measured. It is the
intention that this sound to be measured is what is being created by the sound complained of excluding intruding
noises from isolated identifiable sources, but including ambient sound level. The measure of all sound levels shall
be made as close to the property line of the receiving land use as is practical.
TABLE 1
Sound Levels by Receiving Land Use table
Zoning Category of Time(3) Use(1) Sound Level Limit, dBA(4)
Receiving Land
Residential(2)At all times 60
Commercial At all times 75
Noise Sensitive Area At all times 55
(1) As set forth in the Land Development Code.
(2) Any zoning district containing the letter "R."
(3) Unless otherwise stated in this article.
(4) For any source of sound which emits a pure tone, the maximum sound level limits set shall be reduced by five
dBA.
(d) Equipment use restrictions. Regardless of decibel levels, the following equipment may not be operated
between the hours of 8:00 p.m. and 7:00 a.m.: Monday—Friday and on Saturday and Sunday 8:00 p.m. to 10:00
a.m.:
(1) Electrical power tools.
(2) Motor powered, muffler equipped lawn, garden, and tree trimming equipment except residential lawn
mowers.
(3) Construction equipment, which includes landscaper's lawn mowers and other landscaping motorized
equipment.
Our ordinance governing control of nuisances addresses a wealth of offences – see especially numbers 6 and 12:
Sec. 22-29. - Nuisances declared.
The following conditions may be declared to be nuisances:
(1)Stagnant water on premises;
(2)Any dead or decaying matter, weeds, vegetation or any fruit, vegetable, animal or rodent, upon premises
which is odorous or capable of causing disease or annoyance to the inhabitants of the city;
(3)The generation of smoke or fumes in sufficient amounts to cause odor or annoyance to the inhabitants of the
city;
(4)The pollution of public water or the injection of matter into the sewerage system which would be damaging
thereto;
(5)Maintaining a dangerous or diseased animal or fowl;
(6)Obstruction of a public street, highway or sidewalk without a permit;
(7)Loud or unusual noises which are detrimental or annoying to the public, including without limitation, unusual
or loud disturbances in or around churches or multiple-family complexes such as loud music and other activities in
swimming pool and clubhouse areas;
(8)All walls, trees and buildings that may endanger persons or property;
(9)Any business or building where illegal activities are habitually and commonly conducted in such a manner as to
reasonably suggest that the owner or operator of the business or building was aware of the illegal activities and
failed to reasonably attempt to prevent such activities;
(10)Refrigerators, stoves and other household appliances placed outside of structures controlled by the owner or
tenant thereof;
(11)Any trees, shrubbery or other plants or parts thereof, which obstruct clear, safe vision on roadways and
intersections of the city;
(12)Any sounds, including music, emanating from businesses through open doors or windows, when such
businesses are required to be operated inside buildings; and
(13)Any other condition constituting a nuisance under state law
Sec. 22-30. - Complaint of nuisance; hearing.
Any official or inhabitant of the city may direct a complaint of nuisance to the city marshal-health officer, who shall
investigate and give notice to the violator to abate the nuisance within five calendar days, if a notice is so provided.
If the person to whom said notice is provided wishes to appeal the notice of abatement, said person shall appeal to
the city manager within the five-calendar-day abatement period. The city manager shall conduct a hearing within
five calendar days of being so notified, and issue a final decision within five calendar days of the hearing. If
abatement is decided, such shall be accomplished within five calendar days of the city manager's decision.
Sec. 22-31. - Abatement by city.
(a)In any case where the owner, agent or tenant fails to abate the nuisance in the time specified, or where the
owner, agent or tenant cannot be served with notice, or where the nature of the nuisance is such, in the opinion of
the city manager, that it must be immediately abated, the city manager may issue an order to the chief of police
directing the nuisance to be abated. The chief of police, in such case, shall keep a record of the expenses and cost
of abating same, and the costs shall be billed against the owner, agent or tenant for collection as for city revenues.
(b)Other city departments shall assist the chief of police as is necessary in abating nuisances hereunder.
Sec. 22-32. - Offense; penalty.
It is declared to be an offense for any owner, agent or tenant to maintain or allow a nuisance to exist. Each day a
.
nuisance is continued shall constitute a separate offense, subject to the general penalty set forth in section 1-8
5. Parking
Our ordinances address parking from several different angles.
As shown above, our nuisance ordinance prohibits obstructing any street, highway or sidewalk:
(6)Obstruction of a public street, highway or sidewalk without a permit;
Sec. 66-71. - Vehicles.
The following vehicles shall be subject to the procedures specified in this division for immobilization, relocation,
removal and impoundment in accordance with the specified procedures for such action:
(a) of this division shall be subject to
(a) Any vehicle which satisfies the requirements of section 66-70
immobilization.
(b) A vehicle which has been immobilized one day shall be subject to removal and impoundment pursuant to this
division.
(c) Any vehicle owned by a responsible party who has satisfied the requirements set forth above in section 66-
70(b).
(d) A vehicle which an officer determines constitutes an immediate public health or safety obstacle.
Sec. 66-73. - Impounding vehicles illegally parked.
, or any other ordinance of the city, at a fire hydrant
In the event any vehicle is parked in violation of section 66-102
or in a prohibited area or in such a manner as to obstruct or impede or interfere with pedestrian or vehicular
traffic or to become a hazard, the police authorities, at their discretion, shall have the right, in addition to placing a
docket case against the defendant, to cause the vehicle to be removed and towed in a manner selected by the
police authorities and to remain there until the prescribed fine is paid to the City of Tybee Island.
A parking enforcement official or police officer may immediately have impounded any vehicle that the officer
deems to be an immediate public health or safety obstacle. The parking enforcement official or police officer
taking such action shall maintain a written record establishing the circumstances, necessity or danger which
requires such action and any inquiry he has made and effort he has undertaken to determine and notify the
responsible party for the vehicle which need only be reasonable in light of the circumstances and services available
to the officer at that time. If the parking enforcement official or police officer is able to make contact with the
responsible party, the written record shall specify the nature and substance of that contact and the efforts, if any,
of the responsible party to take possession of and remove the vehicle.
6. Need to obey our ordinances
Do we need an ordinance that says we need to obey our ordinances? By making sure those
ordinances are available to those who need them, we shouldn’t need to restate this.
7. Need for an agreement with renters
Property managers have their own agreements and would not rent a unit without the renter
agreeing. If our applicable ordinances are made available, the city will have sufficient authority
under existing ordinances to enforce and correct problems.
8. How to deal with violations
Many articles within our Code include their own violations and penalties section. Additionally,
there is a general article on this subject:
Sec. 1-8. - General penalty.
Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or
an offense, or whenever in this Code or any ordinance the doing of any act is required or the failure to do any act is
declared to be unlawful, where no specific penalty is provided therefor, such violation of any such provision of this
Code or any ordinance shall be punishable by a fine not exceeding $1,000.00, by sentence of imprisonment not
all
exceeding six months and to work on the streets or public works for a period not exceeding 60 days, any or
such penalties in the discretion of the judge.
Conclusion
I wanted to share these thoughts with the Planning Commission and Council to see if this path
is worth pursuing. To enact more ordinances could bea mistake, and we may be better served
by working to identify, publish and enforce those rules we already have.
I would be willing to work with a small team (I have specific recommendations, along with
George and members of the Planning Commission), to continue the review of our codes to
identify existing applicable ordinances, explore the possibilities of developinga summary
brochure for visitors and residents alike, and for developingthe database described above.
This group would report progress to Council and would be responsible for implementing the
resultant programs.
Part of the research would include reviewing the number and nature of ordinance violations
reported and citations issued.
Then, if, after a specified time, say one year, we still have problems, we can decide that we may
need another ordinance after all.
John Major