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HomeMy Public PortalAbout19710324CCMeeting53 • Savannah Beach, Georgia March 24, 1971 The regular meeting of City Council was called to order at 3:00 P.M. today with Mayor Michael J. Counihan presiding. The following Councilmen were present: Jack Daniels, Edward Jung, Robert Cary, Edward Towns, James Stettler and George Schwarz. City Attorney, Bart Shea, was also present at the meeting. Visitors and petitioners at the meeting were Mr. John Tatum, attorney, Mr. and Mrs. Lippert, new residents of the City, Mr. Clarence Guyer, and the following members of the Savannah Beach Jaycee Club: Michael Bart, Arnold Seyden, Bucky Chafin, Vic Gusky, Bobbie Harper, FrankKania and Charlie Davis. Mr. & Mrs. Lippert stated that they were merely visitors at the Meeting to observe the proceedings. Mr. Michael Bart acted as spokesman for the group of Jaycees in attendance. He stated that his group were in attendance at the meeting to request the Mayor and City Council for several things, as follows: 1. That the name of the approximately nine acres of land in Ft. Screven, currently known as Henry Sims Morgan Park be changed to Jaycee Park because, with the cooperation of the City and various other groups, the Jaycees had been instrumental in getting the land filled from a low land area into a recreation area. Mr. Bart stated that he would, therefore, like to request the town to change'the name of this park to Jaycee Park. 2. The Jaycees would like to ask Council to designate this park technically as a recreation area for 25 years; the purpose for this request being to obtain matching Federal Funds through the State Planning Commission. He stated that this is matched on a 50 -50 basis and includes monies, materials and time already spent on the park. 3. That the town council appoint, as a governing body, three members of their choosing to be matched with three members of the Savannah Beach Jaycees to govern the administration of the Park. Mr. Bart explained that the idea of this was to stop conflict of interest in scheduling and maintaining the park and that it was just a matter of control over the park and not the actual ownership of the park. He stated further that this would eliminate a lot of conflicts in the future. 54 4. That since it was the intention of the Savannah Beach Jaycees to better the community, they did not mean any of these requests to be considered as any type of pressure. He also stated that the Jaycees did not want any of these requests- to be considered as politically motivated and that their only interest was the same as City Council - the betterment of Savannah Beach. Mayor Counihan reminded Mr. Bart that the name 6f the Park was George C. Marshall Memorial Park, which was changed by a previous administration of City Council. Mr. Bart stated that they would like a Resolution to change the name again. Mr. Arnie Seyden, Chairman of the Jaycee Park Committee, stated that he would like to request the town to cut the grass every two weeks. He also said that if the town needed any help with this, the Jaycees would be glad to help. Mr. John Tatum, attorney, appeared before Council represent- ing Mr. Richard Grosse, whom he stated was now the owner of a tract of land known as Lots 1 through 7, Block 33, Ft. Screven Ward. Mr. Tatum said he had appeared before the Mayor and Council once before and requested them to act upon a proposal by Mr. Grosse to have Council quit claim to the owners of these lots a pottion of a road known as Beachwood Drive. He stated that this road was originally laid out by Meddin Enterprises who developed and subdivided the land in Ft. Screven Ward. He stated further, that the road, as originally laid out, goes through a concrete battery which is a part of the Fort and, Therefore, the road could never have been built. He said that Dr. Griley's home built on top of the battery was in the road. Mr. Tatum stated further that he was asking Council to take this action in accordance with its authority under the Charter of the City of Savannah Beach to convey or sell roads or rights -of -way and its rights in roads which have not been used as roads in the past three years. He then stated that Beachwood Drive had never been used as a road. Mr. Tatum said that he was not asking the City to warrant title to this land but that a quit claim deed would be sufficient for his client's purposes. Mayor Counihan stated that Council would consult with the City Attorney and They would be advised of its decision. Mr. Tatum Was excused. Councilman Daniels read a .letter from Mr. Matthew Doyle stating his regrets at being unable to accept his appointment to the Savannah Beach Planning Commission. Mr. Daniels stated that the filling of this vacancy on the Commission would be discussed later in the meeting. Councilman Schwarz announced that he had received an unsigned communication which he would like to read. The Mayor said he did not feel that we should consider any unsigned communication. He then ruled the reading of this letter out of order. 1 1 1 The Minutes of the Meeting of February 17, 1971 were approved as written. The bills for the various departments were approved. Councilman Cary reiterated the absolute necessity for the enactment of a new Sewer Ordinance and an amendment to our present Water Ordinance which were unanimously passed on first reading at a special meeting of City Council on March 10, 1971. He then requested a second reading of the proposed amendment to the present Water Ordinance. Following the reading of the amendment to the Water Ordinance, Councilman Cary moved the adoption of this Ordinance, as amended. The motion was seconded by Councilman Jung and unanimously passed. O R D I N A N C E Councilman Cary then requested a second reading on the proposed new Sewer Ordinance. Following the reading of the Ordinance, Councilman Cary moved its adoption, as amended. The motion was seconded by Councilman Jung and unanimously carried. O R D I N A N C E Councilman Cary stated that a letter had been drafted to be sent out to all water consumers. He said this letter would explain the new rates and charges to them and would go out about April 1st. The Mayor requested the Clerk to read a rough draft of the letter. After the reading of the letter, Council- man Schwarz moved that it be accepted and sent out. This motion was seconded and unanimously carried. A motion was made by Councilman Jung that, due to the fact that we no longer have a personal property tax, that we give the decals, one per family, to owners of improved property at the time their real estate property tax is paid. The motion was seconded and unanimously carried. O R D I N A N C E As information, Councilman Jung announced that this year all holders of business licenses would be sent their statements on April 1st and unless their licenses were paid by May 1st, they would not be allowed to open after that date. 55 6 ti v A letter of resignation from Officer Shealy of the Police Department was read by Commissioner Daniels. He stated that Officer Shealy was accepting a position with the Chatham County Police Department, effective April 1st. Also, he recommended that this vacancy in our Department not be filled at this time. This was received as information. Councilman Daniels moved that Dr. Charles M. Peterson be appointed for a one -year term to fill the vacancy on the Planning Commission. The motion was seconded and unanimoufly passed. Police Commissioner Daniels stated that the Police Department was experiencing much difficulty with transients and hitch - hikers. He then moved that the City Attorney be instructed to draw up an Ordinance prohibiting hitch - hiking within the city limits of Savannah Beach. The motion was seconded and unanimously carried. Councilman Schwarz stated that several people had called him with reference to parking meters. He said that the person involved was a very good friend of his but, nevertheless, in one location we skip a whole block with the meters and are being criticized about it. Several other Councilmen also stated that they had received calls about the absence of meters at this location. Mayor Counihan explained that the meters were not placed at this particular location originally mainly on account of the Post Office and the Bus Station. After a lengthy discussion, the Mayor appointed a committee consisting of Councilmen Schwarz, Towns and Stettler, with Councilman Schwarz as chairman, and instructed them to make an investigation of the matter` and report their recommendations back to Council. Attorney Shea announced that a compromise had been reached in the zoning controversy between City Council and the group of property ,owners headed by Mr. B. H. Levy and that Mr. Levy's group had agreed -to withdraw their injunction. Attorney Shea stated that the only additional language, other than what was originally in the Ordinance, was the change in the designation of the classification from R -C to R -T (Residential- Tourist) and a modification in the wording concerning motels. It was also agreed that if a hearing was to be held on a change in the zoning ordinance, that a posting of such notice be made on the property in addition to the regular legal notice in the news- papers. He also stated that the PAD (Planned Apartment District) had been changed to PUD (Planned Unit District) since a unit could be anything so long as it is submitted to the Planning Commission for their approval. Councilman Cary moved that the zoning ordinance and map, as amemded, be approved,on second reading. The motion was seconded by Councilman Daniels and unanimoufly carried. 1 1 1 1 O R D I N A N C E Mayor Counihan announced that he would be in Washington for about ten days and though his business would be completed on or about April 20th, he could stay over several more days at no expense to the town to see various Senators and Congressman Hagin with reference. to the Erosion Project if the regular meeting of Council scheduled for April 21st could be postponed to April 28th. A motion was made by Councilman Cary to postpone the regular, April Meeting of Councilto April 28th. It was seconded and unanimously carried. The Agenda Meeting was set for April 14th. Mayor Counihan made a report on the efforts being made to dispose of the building owned by the City and formerly occupied by Gentle Haven as a home for severely retarded children. By a motion, unanimously approved, the Clerk was given authority to negotiate with the State Board of Corrections for the sale of this property. In regard to the sale of Alley No. 1, Mayor Counihan requested that the Clerk be given authority to negotiate this sale in order to expedite the matter and eliminate red tape. Councilman Daniels moved the the City Clerk and the Finance Committee be give authority to dispose of Alley No. 1 at the most equitable price for the town. The motion was seconded and unanimously carried. Mayor Counihan announced to Council that Mr. Bill Ottinger, head of the Community Development program of the C &S Bank, had conferred with us at our request relative to, getting Savannah Beach participation in their program which is to provide playground equipment to approximately twenty playgrounds in Chatham County. The Mayor stated that both park areas were shown to Mr. Ottinger and we were assured by him that Savannah Beach would receive some of this equipment by June l §t. Mayor Counihan announced that an invitation had again been extended to the Armed Forces Disciplinary Control Board to hold their quarterly meeting here at the beach, This meeting is scheduled for May 20th. And, also, the wives of the officers have been invited to this meeting and Mayor Counihan stated he would like to have all of the Councilmen and their wives present at the meeting which will be held at 10:00 O'Clock, A. M. at the Dragon Palace - May 20th. Mayor Counihan read a letter from District Attorney, Andrew J. Ryan, Jr., with which he .enclosed a sample ordinance concerning possession of devices or apparatus for the unauthor- ized use of drugs. In this letter, Mr. Ryan requested that 57 58 City Council adopt such an Ordinance in order to assist the Drug Squad in controlling the drug situation. The Mayor was informed by Police Commissioner Daniels that we have already adopted a similar ordinance.. Mayor Counihan informed Council that we would use the Savannah, Georgia Electrical Ordinance for our local regulations in order to make the contractor conform withe proper instal- lation of electrical work on the island. He stated that it was being re- written at the present time with the necessary changes, after which it would be presented to Council for adoption. The question of Mr. Grosse's petition presented to Council by Mr. Tatum, his attorney, requesting that a portion of Beachwood Drive be quit - claimed by the City to Mr. Grosse, was again brought up for further discussion. Attorney Shea requested that he be allowed to ge together with Mr. Tatum because, as he stated, the City does not have the authority to give away any property. Mayor Counihan pointed out that it had already been decided previously in the meeting to refer this matter to the City Attorney for his study and recommendations. There being no further business, the meeting was adjourned to the next regular or special called meeting. CLERK OF COUNCIL /14 MAYOR , 1 , 1, 34 ;z1 76 bfr 876 v1,3 14 1) ) !8ft Is•, 3 8'6. 4-0 +3 9-A/Liz_ 76)ttre.i.t..14_0-," CoLt AL.e.e. 7 - / ,g 0,1 a_cce,_"_, C7, etL /407, 40-e/dSeit-e,: - - C4 L 11 I fie-t-7 /7 /7g id Get4a1 itied-37 WeJ 61,4. 4--,07:Lst 48 -66 -07 60_0_14 1 au-pidt.s.‘ Ij 74-1Z) J2J o-v ejo OLQ r. Cf4t.- 71-71-- 4 1 6g 1741 1108 69, '7 . ► 2.3 ►4 Libt4,r, tt-oZ,J 11--x. W si 4,Ayet-e-e-Celeit, 61/4 CO ccn.:.-cm...4) . 4W-i+ • 4L /i 1 _1� G . °L 3 " 31/ zy )1,Lor - CL ems, -t (4)4E-0-e. e. 1 1 1 ORDINANCE AN ORDINANCE TO AMEND CHAPTER 20, ARTICLE II, WATER OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, SO AS TO DELETE ANY CLASSIFICATION AND DESIGNATION BETWEEN COMMERCIAL USERS AND RESIDENTIAL USERS; ESTABLISH NEW TAPPING CONNECTION FEES, SERVICE RATES SCHEDULE, NEW WATER RATES, NEW BILLING PROCEDURES, CUT OFF AND CUT -IN FEES; PROVIDE PROCEDURE FOR COLLECTION OF DELINQUENT ACCOUNTS; TO ESTABLISH THAT SUCH CHARGES SHALL BE A LIEN AGAINST THE PROPERTY; TO PROVIDE PENALTIES; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL ALL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in council duly assembled, and it is hereby ordained by the authority thereof as follows: Sec. I. By striking Article II, Sections 20 -11 through 20 -30 in their entirety and inserting in lieu thereof a complete new Article II, Sections 20 -11 et seq. as follows: Sec. 20 -11. Water committee jurisdiction. The appropriate "water committee" having the jurisdiction and responsibility pertaining to providing water service to consumers within the city, shall be delegated the authority and shall be empowered to adopt rules and regulations governing the following areas: the furnishing of water to consumers, the installation and cost of water meters, classification of consumers and classification of dwellings, the amount and number of gallons to be supplied, the rates, charges and reading of meters and water furnished and supplied, the method of billing, notice and payment of same, and other applicable and related matters pertaining to furnishing of water and providing for such service. However, any such rules and regulations so adopted should first be approved by the governing body prior to being put into effect. Sec. 20 -12. Water department superintendent -- Office created; election; compensation as fixed. The office of the superintendent of the water department is created. Said officer shall be elected by the governing body at the first meeting after each succeeding general election of city officers. The superintendent of the water department shall receive such salary as may be fixed by the governing body in the same manner and for the same period of time as are the salaries of other elected officers so fixed. Sec. 20 -13. Same -- Duties. The superintendent of the water department shall have the following duties: (1) Make water connections upon permits issued by the manager of the water department. (2) See-that daily inspections of pumping units are made. (3) Keep all equipment in order. (4) Make necessary changes in the system. (5) Read water meters and give figures to the manager. (6) Cut off or turn on water on various properties upon notice from manager of the water department. (7) Report to the appropriate committee any violations of this article and other water department regulations. (8) Report to the water department any major repairs needed. (9) Keep record of total gallonage pumped daily. (10)- Itemize amount of material used on any water connection. (11) Carry out any other functions delegated to the office of superintendent of the water department as the appropriate committee or the governing body may direct. Sec. 20 -14. Water service application; form; information; fee payment. Applications for water shall be made to the water department on the printed form provided by said department. Applicant must state specifically for what purposes the water is to be used and before water service is rendered the full amount of any required deposit, the extension of water lines and the tapping fee, as per application and agreement, must be paid. Sec. 20 -15. Service pipe, stop cock and tap specifications. Service pipes from mains for private dwelling houses shall-be three - fourths (3/4) inch with one -half (1/2) inch branches; all pipes shall be galvanized; no stop cock or tap larger than three - fourths (3/4) of an inch will be allowed to be used except on express permission from the superintendent of the water department. Sec. 20 -16. Cost of laying service pipes borne by applicant. The cost of laying water pipes from the mains to the property line will be borne by the applicant, as herein provided. Sec. 20 -17. Shutoff for violation of regulations. The city reserves the right to shut off the water at any time the rules and regulations are violated. Sec. 20 -18. Responsibility for compliance with regulations. Owners of real estate and the premises thereof are responsible that the water service furnished to them or to said property is used according to the rules and regulations; and are responsible for any tenant and other person occupying or using said property. 1 1 1 Sec. 20 -19. Connection to Water System Required All owners of real property or water consumers within —the city shall connect or cause to be connected all plumbing and water fixtures on the real estate owned by them, or on the premises occupied or using water, with the city water system. Sec. 20 -20. Tapping fees, meters. Water tapping fee for a water consumer will be based on the size of meter requested, the fee shall cover the cost of meter, labor and materials, not exceeding fifty (50) feet of pipe, all of which shall be subject to the rules and regulations of the water department. In the event that more than fifty (50) feet of pipe is necessary, an additional fee at the rate per foot of pipe as prescribed by the gov- erning body shall apply. Said tapping fee is payable in advance. Out- side city water tapping fees shall be 1.5 times the inside city fee. 3/4" & 5/8" 1" 1 1/2" 2" Above 2" will be cost plus 25%. Sec. 20 -21. Meters. Inside City 175.00 260.00 430.00 600.00 Outside City 262.50 390.00 645.00 900.00 (a) Meters shall be installed as close to the property line of the customer as possible. All connections shall be made by city employees from the water department. Only those persons where meters have been installed will be furnished water from the city water system. (b) The duly authorized agent of the city shall have at all times free access to the premises for the purpose of reading the meter or removing the same for the purpose of testing its accuracy. (c) Each meter shall become a permanent fixture upon the property or premises where installed and may be transferred upon the transfer of ownership of the property or premises to provide for continued water service to said property. (d) The size of the water meter shall be in accordance with the rules and regulations of the water department of the city. Should the property owner disagree with the ruling of the water department, the decision of the governing body shall be final. (e) Water laterals to be maintained by the owner. The owner of the property serviced by city water service shall be responsible for maintaining the water pipes between the plumbing fixtures on the property to the property line or the water meter, keeping them in good operating condition and free from all internal obstructions. Sec. 20 -21. Meters (continued) (f) Owners of property containing two (2) or more family units in one dwelling which receive water through one system of pipes shall be required to separate and change said water system and install a water meter for each such dwelling place. (g) Duplexes, multiple family dwellings and houses divided into several apartments to be occupied by separate families, shall be so equipped that each family unit can be supplied with a separate meter. The rate for each meter shall be based on the Service Rate Schedule; provided, however, that in the case of existing buildings, one meter of the proper size may be installed for the whole building. The rates for that meter shall be based on the Service Rate Schedule. Sec. 20 -22. Service rates schedule. (a) In that the city incurs constant costs throughout the year in maintaining a water system that assures the availability of water to the consumer throughout the year regardless of whether the consumer actually uses such water and water service, a water readiness to service charge shall be placed on each water account, regardless of the fact that such place being served is occupied or unoccupied. Such readiness to serve charge shall be based on the size of the water meter, and such charge from 0 to 5,000 gallons for both inside the city and outside the city use shall be as shown on the following schedule: Meter size Inside City Gallons allowed Outside City 5/8" or 3/4" 4.00 0 - 5,000 6.00 1" 6.00 0 - 5,000 9.00 1 1/2" 8.00 0 - 5,000 12.00 2" 15.00 0 - 5,000 22.50 3" 25.00 0 - 5,000 37.50 4" 50.00 0 - 5,000 75.00 6" 100.00 0 - 5,000 150.00 (b) Readiness to serve charge for water for both inside city and outside city consumers for over the above 5,000 gallons shall be based on the following rate schedule: Inside City Outside City 5001 - - 50,000 gallons .50 per 1000 .75 50,001 - 150,000 gallons .40 per 1000 .60 Over 150,000 gallons .30 per 1000 .45 1 1 1 1 1 Sec. 20 -22. Service rates schedule (continued) Outside city rates are one and one- half(1 1/2) times the inside city rates. (c) All water billing after the first five thousand (5,000) gallons per month shall be computed on the basis of progression of five hundred (500) gallons by using the scheduled cost for a volume equal to the next highest multiple of one thousand (1000) gallons after the actual amount used. Thus, five thousand five hundred and one gallons (5,501) gallons shall be billed as six thousand gallons (6000). (d) In no instance where one property owner has more than one meter shall the two meters be added to obtain a lower billing. Except for incorrect billing due to a faulty water meter, no adjustments or deviations shall be made from billing for the amount of water delivered from the city water system. Should the meter on any premises become defective so that the amount consumed for any one month cannot be ascertained, the owner of the premises shall pay for that month an amount equal to the average water usage for two months in the same time period of the preceding year. (e) After the tapping fee has been paid with the city and the service has been provided for less than fifteen (15) days at the date of the meter reading, no bill will be sent for that period until the next regular billing date. If the service has been provided in excess of fifteen (15) days at the date of meter reading, a full month's bill based upon the minimum bill or consumption, whichever is higher will be made. Sec. 20 -23. Surface wells -- Permit required. It shall be unlawful for any person within the corporate limits to dig or install a surface well; provided, however, it shall be within the discretion of the governing body upon petition to permit the digging, installation and use of a surface well in any case which presents, in its judgment by special facts and circumstances, a proper case for an exception to the prohibition manifested by this section. Sec. 20 -24. Same -- Purposes; restrictions. The use of shallow wells for watering of lawns, flowers and shrubbery, shall be allowed subject to the inspection and approval of the governing body pro?sided application is made to the water department and a permit has been granted prior to digging the well but such well shall in no case be connected into the city water system. Sec. 20 -25. Same -- Permit fee. The permit fee for sinking a well is five dollars ($5.00) for inspection to ascertain that well is not connected to the city water system. Sec. 20 -26. Delinquency; cut off and cut -in fees. (a) Bills for water service shall be rendered monthly, and shall be due and payable at the offices of the City Hall, City of Savannah Beach, Tybee Island, Georgia, when rendered. Such bills shall set forth thereon the separate charge for water service, the separate charge for sewer service, and total thereof. No payment shall be accepted for the water service unless the sewer charges are paid at the same time. There shall be no discount allowed for prompt payment. If any bill shall not be paid before the tenth (10th) day following the original date of billing, it shall be declared delinquent and the City Clerk or his designated assistant shall mail out to each customer, whose bill is delinquent, a notice of delinquency which notice shall be deemed to be a last and final notice. (b) If any bill for water service shall not be paid within twenty (20) days from the original date of billing, water service to the delin- quent customer shall be immediately shut off and discontinued. Such water service shall not be restored or turned on until the delinquent bill has been paid in full; together with a disconnection charge and a reconnection charge in the amount of five dollars ($5.00) each. (c) Upon discontinuance of service, the City shall cause to be placed on the water box of said consumer, seal, tag or notification. Said seal, tag or notification shall be removed upon full payment of bill. Any consumer whose seal, tag or notification has been unlawfully removed, or whose water supply has been illegally turned on, after same has been discontinued for nonpayment of service hereinabove provided, shall be subject to the penalties provided in Section 1 -8 of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia. Sec. 20 -27. Same -- Payment responsibility of lessor. Any person owning property either within or without the city which is supplied water by the city shall be personally and individually responsible for the costs and charges of such water so furnished, notwithstanding that such property may be leased by the person owning the property to a tenant. Sec. 20 -28. Lien against property. In final resort, the property owners shall be liable for all unpaid bills, charges and penalties due the City for water service and the amount of money involved shall be lien against the property. 1 Sec. 20 -29. Damaging, tampering with water fixtures, meter, etc. It shall be unlawful for any person to injure or knowingly to suffer to be injured, any meter, pipe or fittings connected with or belonging to the City water plant, or to tamper or meddle with any meter, or other device or any part of such plant in such manner as to cause loss ortto prevent any meter installed from registering the quantity which other- wise would pass through the same, or to alter the register, or break the seal of any such meter, or in any way to hinder or interfere with the proper action or correct registration of any such meter. The existence of any connection, meter alteration, or any device whatsoever, which affects the diversion of water, without the same being measured or registered by or on a meter installed for that person, by the city, shall be prima -facie evidence of intent to violate and of the violation of this section by the person using or receiving the direct benefits from the water passing through such connection, conductor, device or altered meter. Any person violating the provisions of this section shall be subject to the penalties provided in Section 1 -8 of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia. Sec. 20 -30. Shut off for repairs. The City shall have the right to shut off the water supply for the purpose of making such additions and repairs as may be desired or necessary to the water system, and the City shall not be liable to any customer for any damage resulting from such shutoff. Sec. 20 -31. Severance Clause. If any one or more of the sections, subsections, sentences, clauses, phrases or provisions of this ordinance should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever to be held invalid, then such sections, subsections, sentences, clauses, phrases or provisions shall be null and void and shall be deemed separate from the remaining sections, subsections, sentences, clauses, phrases or provisions and in no way affect the validity of all the other provisions of this ordinance. Sec. 20 -32. Effective date. This ordinance and all provisions thereunder shall become effective May 1, 1971, and shall be in full force and effect for the 1971 -72 fiscal year of the municipality and each succeeding fiscal year thereafter. Sec. 20 -33. Repealing clause. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. FIRST READING: SECOND READING: ADOPTED: EFFECTIVE DATE: March 10, 1971 March 24, 1971 March 24, 1971 May 1, 1971 J ORDINANCE AN ORDINANCE TO AMEND CHAPTER 20, ARTICLE III, SEWERS OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, SO AS TO DEFINE CERTAIN TERMS; TO FIX AND ESTABLISH SEWERAGE SERVICE CHARGES; FIX AND ESTABLISH CONNECTION CHARGES; PROVIDE FOR A MANDATORY CONNECTION FOR THE USE OF SUCH SANITARY SEWERAGE SYSTEM; PROVIDE FOR SEPTIC TANK CUSTOMERS WHEN SUCH SEWERAGE SERVICE IS AND IS NOT AVAILABLE; PROVIDE FOR A MANDATORY CUT OFF FOR NON- PAYMENT OF SUCH SERVICE; PROVIDE PENALTIES FOR THE VIOLATION OF SAID ORDINANCE; PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL ALL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in council duly assembled, and it is hereby ordained by the authority thereof as follows: Sec. I. By striking Article III, Sections 20-41 through 20 -44 in their entirety and inserting in lieu thereof a complete new Article III, Sections 20 -41 et seq. as follows: Sec. 20 -41. Findings (a) The City of Savannah Beach, Tybee Island, Georgia, was cited on February 2, 1965, for interstate pollution of the Savannah River and for discharging sewerage plant effluent without providing for adequate treatment and sewerage disposal facilities by the Federal Water Pollution Control Administration and the State Water Quality Control Board of the State of Georgia. (b) The existing sewerage treatment facilities do not meet the minimum requirements of the rules and regulations of the Georgia Water Quality Control Board. (c) It is necessary and essential to modify the present primary sewerage treatment plant to a secondary sewerage treatment plant at the earliest possible date. (d) The City of Savannah Beach has assured the Commissioner of the Federal Water Pollution Control Administration that adequate funds will be made available for the funding of its share of the cost of the project by revising and adjusting its water and sewerage rates and charges. 1 (e) It is necessary and vital to the health, safety and general welfare of the City of Savannah Beach and its inhabitants that a secondary sewerage treatment plant be built and adequately operated and maintained by said City. Sec. 20 -42. Definitions As used in this article, the following terms shall have the respective meanings ascribed to them: Connection, stubbing or tapping lines: A connection to the sanitary sewerage main in any street, avenue or alley to the individual property line. Fixtures: Bathtubs, sinks, basins, commodes, laundry tubs, showers or any other item having an outlet for water. Sec. 20 -43. Same -- Property line to main Every property owner within the corporate limits is required to pay the cost to tap, connect by pipe, or stub from the sanitary sewerage main to each individual property line. Sec. 20 -44. Connection to system required -- Fixtures All owners of real property within the city shall connect, or cause to be connected, all plumbing fixtures located on the real estate owned by them with the sanitary sewerage system of the municipality when such system lies within one hundred (100) feet of the property of the customer. Sec. 20 -45. Connection; regulations All sewer lines from the sanitary sewerage main shall be connected, stubbed or tapped by the public works department or by some person employed by the governing body; all connections to the sanitary sewerage shall be made in accordance with the plumbing code; no connection to the sanitary sewerage main shall be used unless first the plumbing in said building to be serviced by the said sanitary sewerage has been inspected by the plumbing inspector. Sec. 20 -46. Sanitary sewerage service charges - schedule of rates From and after the effective date of this ordinance there shall be established a sewer service charge for each connection to the Sanitary Sewerage System of the City of Savannah Beach, Tybee Island, Georgia, both inside and outside the City limits, and each sewer service customer shall pay the 1 1 1 1 appropriate sewerage service charges as established herein. The rates for all sewer service customers shall be based on a minimum charge according to the size of the meter or fifty (50 %) per cent of the billed monthly water charge, whichever is greater. This minimum charge shall be considered a set stand -by or readiness -to -serve charge and will be charged whether the customers premises are occupied or not. The stand -by minimum charges for the various sizes of meters, showing the charges for both inside the City limits and outside the City limits, shall be as follows: Meter Size 5/8" 1" 1 1/2" 2" 3" 4" 6" Minimum Minimum Inside City Limits Outside City Limits 3.00 4.00 5.00 7.50 12.50 25.00 50.00 4.50 6.00 7.50 11.25 18.75 37.50 75.00 Minimum rates shown above for Outside City Limits are one and one -half (1 1/2) times rates for Inside the City Limits. Sec. 20 -47. Sewerage Service Billing, Collection and Penalties Bills for the sewer service charge shall be rendered monthly and shall be listed as a separate item on the same bill with the water system charges. Such bills shall set forth thereon the separate charge for water service, the separate charge for sewer service, and the total thereof. No payment shall be accepted for the water service unless the sewer charges are paid at the same time. There shall be no discount allowed for prompt payment. If any bill shall not be paid before the tenth (10th) day following the original date of billing, it shall be declared delinquent and the City Clerk or his designated assistant shall mail out to each customer, whose bill is delinquent, a notice of delinquency which notice shall be deemed to be a last and final notice. If any bill for sewerage service shall not be paid within twenty (20) days from the original date of billing, water service to the delinquent customer shall be immediately shut off and discontinued. Such water service shall not be restored or turned on until the delinquent bill has been paid in full; together with a disconnection charge and a reconnection charge in the amount of five ($5.00) dollars each. Sec. 20 -48. Sewer connection charge Before any person, firm or corporation shall be entitled to sanitary sewer service, they must file, in writing, an application with the City of Savannah Beach for such service, showing the legal description of the premises to be served, the character and extent of the services desired and such other information as may reasonably be required by the Sewerage Department to enable it to give the desired service; and shall pay the sum of three hundred ($300.00) dollars for each connection to be installed for each house or principal building with its adjacent accessories, to be served by the Sewerage System. This three hundred ($300.00) dollars stubbing fee shall include all costs for providing sewer service at the property line of the property to be served. Not more than one such house or principal building with its adjacent accessories located on the same premises shall be served from the same sewer service connection, excepting that this provision shall not apply to motels, hotels or group housing composed of two or more separate buildings under one ownership and deemed to be a single premises. An additional charge shall be paid to the City of Savannah Beach for all cost in excess of the above listed connection charge for providing sanitary sewerage service to property not presently adjacent to an existing city sewerage line, which charge shall be paid prior to any such connection being made, which additional charge will be considered individually on the basis of cost and maintenance to the City. Sec. 20 -49. Septic tank Where sanitary sewer service is not available to a water customer of the municipality and such water customer is presently being served by a septic tank, then no sewer charges shall be made. When a sanitary sewer system line is made available to such water customer, then such customer shall be required to stub into and connect with the sewer system of the municipality, and the municipality may make or cause to be made such connections thereto as may be required, and assess the cost thereof against the property of such customer served by said connections in accordance with the provisions of Sec. 66 (m) and (o) of the Charter of the City of Savannah Beach, Tybee Island, Georgia. 1 1 1 1 1 1 Sec. 20 -50. Sewer Laterals Sewer laterals shall be maintained by the customer. The customer being served by city sewerage service shall be responsible for maintaining the sewer lines between the plumbing fixtures on the customer property to the sewer clean - out at the property line, keeping them in good operating con- dition and free from all internal obstructions. Sec. 20 -51. Penalties Any failure or refusal by an owner or customer to connect to the city sewerage system upon notification so to do, or any failure or refusal to pay the charges or rates provided herein shall be considered as a violation. Any person violating any of the provisions of this article shall be subject to the penalties provided in Section 1 -8 of the Code of Ordinances. Sec. 20 -52. Effective date. This ordinance and all provisions thereunder shall become effective May 1, 1971, and shall be in full force and effect for the 1971 -72 fiscal year of the municipality and each succeeding fiscal year thereafter. Sec. 20 -53. Repealing clause That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. FIRST READING: SECOND READING: ADOPTED: EFFECTIVE DATE: March 10, 1971 March 24, 1971 March 24, 1971 May 1, 1971 1 1 AMENDMENT TO ORDINANCE 0 AN ORDINANCE TO BE ENTITLED AN ORDINANCE AMENDING CHAPTER 19, "TRAFFIC ", SEC. 19 -31 and SEC. 19 -33 OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA BE IT ORDAINED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in Council duly assembled, and it is hereby ordained SECTION 1. Chapter 19, Section 19 -31 is amended to read as follows: "Such decal shall be issued to any person or family, with the reservation of only one decal per person or per family, and shall be issued for a period of only one year beginning May first and effective through April thirtieth of the following year upon payment of the real property tax on improved property due by such person or family for the current fiscal year." SECTION 2. Chapter 19, Section 19 -33 is amended to read as follows: "In order to be eligible to receive such free parking decal, such person must present his or her self in person at City Hall at the time of, or after having made, payment of the real property tax due and said decal will be hand presented to such taxpayer." SECTION 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. ZONING ORDINANCE CONTENTS Page Article I Title 1 Article II Purpose 1 Article III Definitions 1 Article IV General Provisions 8 Section A Districts 8 Section B District Boundaries 9 Section C Interpretation of District Boundaries 9 Section D Zoning Affects Every Structure and Use 9 Section E Continuance of Non - Conforming Uses 9 Section F Reduction in Lot Area 10 Section G Obstruction to Vision at Street 10 Intersections Article V Zones 11 Section A Residential District 11 1. R -1 Residence District 11 2. R -2 Residence District 12 3. R -T Residential - Tourist District 12 4. P -U -D District 13 5. Location of Detached Accessory 16 Structures on Residential Lots 6. Location of Attached Accessory 17 Structures on Residential Lots 7. Principal Building on Lot 18 8. Off - Street Vehicle Parking 18 Requirements 1 Title Page 9. Control of Access 19 10. Signs 20 III 11. Schedule of Residential District 23 Dimensional Requirements Section B. Commercial District 24 1. C -1 Business District 24 2. C -2 Business District 24 3. Signs 27 4. Parking 30 5. ARTICLE VI Section A. 1. 2. 3. 4. 5. Schedule of Commercial Minimum Yard Requirements. Administration Board of Zoning Appeals Composition, Appointment, Terms and Compensation Meetings, Rules of Procedure, Keeping of Records 31 31 31 31 1 32 Procedure of Appeals 32 Powers of Board of Appeals 33 Appeals from Decision of Board of Zoning Appeals 35 Section B. Public Hearing 35 1. Notice of Hearing Shall Be Given 35 2. Erection of Sign 36 3. Adjournment of Hearing 36 4. Public Notice in Newspaper 37 II 1 1 Title Page 5. Rehearing 37 6. Time Limit on Board's Decision 37 7. Forms 37 8. Calendar of Appeals 37 Section C. Amendment 38 1. General Conditions 38 2. Applications for Amendment 38 Section D. Enforcement 43 1. Zoning Enforcement Officer 43 2. Remedies 43 3. Conflicts 44 4. Validity 44 5. Violations 44 6. Repeal 45 Appendix Zone Descriptions 1 ARTICLE I TITLE This ordinance shall be known as the "Zoning Ordinance of the City of Savannah Beach, Georgia." The map herein referred to which is identified by the title, "Zoning Map of the City of Savannah Beach, Georgia," dated March 24, 1971, and all explana- tory matter thereon are hereby adopted and made part of this ordinance. Any designation as to "Parcels" within District Boundaries and Zone Descriptions herein is in reference to "Property Maps of Chatham County, Georgia, 5th G. M. D., dated January, 1963, as prepared by E. T. Wilkins and Associates," and such matters therein applicable are hereby adopted and made a part of this ordinance. ARTICLE II PURPOSE The zoning regulations and districts as herein set forth have been made for the purpose of promoting the public health, safety, morals, general welfare, convenience and prosperity of the citizens of the City of Savannah Beach, Georgia. The regu- lations and arrangements of districts have been designed to lessen congestion in the streets, to secure safety from fire, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of water, sewer, schools, parks and other public requirements and to encourage the most appropriate use of land throughout the City. ARTICLE III DEFINITIONS Section A. Generally. Words used in the present tense include the future; the -1- singular number includes the plural, and the plural the sin- gular; the term "used" includes the words "arranged, designed or intended to be used "; the term "occupied" includes the words "arranged, designed or intended to be occupied "; the word "structure" includes the word "building." Section B. Specific Definitions . S•e 4M6dVOmmNri 1. Accessory Building. A building subordinate to the main building on the same lot and used for purposes customarily incidental to those of the main building. 2. Alley. Any public way accepted for public use and twenty (20) feet or less in width providing secondary access to abutting property. 3. Billboard. Any area or service on which lettering or pictorial matter is displayed for the purpose of directing attention to a business, commodity, service or entertainment conducted, sold or_offered elsewhere than upon the same lot. 4. Boarding House. A building, used for residential purposes and other than a hotel, where meals are furnished by prearrangement for compensation to three or more persons who are not related to each other by blood, marriage, or legal adoption. 5. Building. See "Structure ". 6. Certificate of Occupancy. A certificate issued by the Zoning Administrator stating that the occupancy and use of land, building or structure referred to therein complies with the provisions of this ordinance. II 1 1 -2- 1 7. Clinic. A building in which medical services for out- patients only are provided. 8. Developer. Any persons, firm, trust, partnership, association or corporation engaged in development or proposed development of land. 9. Dwelling. Any building or structure or part thereof primarily used and occupied for human habitation or intended to be so used. 10. Dwellings. a. One- Family Dwelling. A structure, designed for or occupied exclusively as a residence by one family. b. Two - Family Dwelling. A structure with or without party wall designed for or occupied exclusively as a residence by two families. 11. Family. A family consists of two or more persons living in the same household who are related to each other by blood, marriage, or adoption. 12. Garage, Public. A garage operated as a business devoted primarily to the repair, storage, maintenance, service or sales of motor vehicles, or any combination thereof. 13. Height of Building. The vertical distance measured from the average ground level of the building to the extreme high point of the building, exclusive of chimneys and similar fixtures. 14. Home Occupation. Any customary occupation or profession -3- that has traditionally been carried on by a resident member of a family within or as a part of a dwelling unit. 15. Hotel. A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accomodations are supplied for pay to transient or permanent guests or tenants. 16. Hospital. Any place or institution which maintains and operates facilities for the care, custody and /or treatment of two (2) or more non - related persons as patients suffering mental or physical ailments, and which shall be eligible for license as a hospital under State Department of Health regulations, but shall not be construed to include any dispensary or first -aid treatment facilities maintained by any commercial or industrial plant, educational institu- tion or convent, nor to include any nursing care home as herein defined. 17. Hospital or Clinic, Special. A hospital which treats communicable diseases, insane or feeble- minded patients, epileptic, drug addicts, or alcoholic patients. 18. Junkyard. A junkyard is an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other -4- 1 1 metals, paper, rags, rubber tires, and bottles. A junkyard includes an auto wrecking yard but does not include uses established entirely within enclosed buildings. 19. Loading Space. A space within the main building or on the same lot providing for the standing, loading or unloading of trucks, having a minimum dimension of twelve (12) feet by fifty (50) feet and minimum vertical clearance of fourteen (14) feet. 20. Lodging (Rooming) House. Any house, or other structure, or any place or location kept, used, main- tained, advertised, or held out to the public to be a place where living or sleeping accomodations are supplied for pay to transient or permanent guests or tenants. 21. Lot. A parcel of land which is or may be occupied by a building and its accessories, including the open spaces required by this ordinance. a. Corner lot. A lot abutting upon two (2) or more streets at their intersection. b. Interior Lot. A lot, the side lines of which do not abut on a street. c. Through Lot. An interior lot having frontage on two (2) or more streets. 22. Marquee. A roof -like structure suspended over an entrance to a structure. 23. Mixed Occupancy. Occupancy of a structure or land -5- for more than one principal use. 24. Natural or Artificial Barrier. Any river, pond, canal, roadway, railroad, levee, embankment, hedge, fence, tree row or similar obstruction which limits access and /or visibility. 25. Non - Conformity. A use of structure that does not conform with the regulations of the use district in which it is situated. 26. Parking Lot. An area or plot of land used for the storage or parking of vehicles, including all necessary additional space needed for vehicular access or maneuvering thereto or therefrom. 27. Parking Space. A space not less than ten (10) by twenty (20) feet for one vehicle plus all necessary additional space needed for vehicular access thereto. 28. Porch. A roofed, open structure projecting from the front, side or rear wall of a building, and having no enclosed features except where wire screening, more than thirty (30) inches above the floor thereof, except the necessary columns to support the roof. 29. Principal Use. The primary use of a zoning lot. 30. Rezoning. The change in zoning classification of any parcel or parcels of land from one zoning district to another. 31,. Service Station. A building or lot where gasoline, oil and greases are supplied and dispensed to the motor vehicle trade, and /or where battery, tire and -6- A 1 1 1 other similar sales and services are rendered. 32. Sign. Any area or surface on which lettering or pictorial material is displayed for the purpose of directing attention to a profession, business, commodity, service or entertainment conducted, sold or offered upon the same lot. 33. Street. A public way which provides a principal means of access to abutting property. 34. Structure. Anything constructed or erected, the use of which requires permanent location on the land, or attachment to something having a permanent location on the land, and not including mobile homes. 35. Structural Alterations. Any change, except for repair or replacement on the supporting members of a building, such as bearing walls, columns, beams or girders. 36. Tourist Homes. A private residence in which accomoda- tions are provided for sleeping and feeding overnight paying guests. 37. Travel Trailer. Any vehicle or similar portable structure mounted on wheels, designed and intended primarily for short -term (under two weeks) occupancy for dwelling or sleeping or other purposes, and not exceeding twenty -five (25) feet in length. 38. Used Car Lot. Any parcel of land used for the storage, display and sales of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises. -7- 39. Variance. An authorization by the Board of Zoning Appeals granting relief and doing substantial justice in the use of property, where, owing to special con- ditions, a literal enforcement of this ordinance would result in unnecessary hardship. 40. Yard. An open, unoccupied space, other than a court, onthe same lot with a building, open and unobstructed from the ground to the sky. a. Front Yard. A yard across the full width of the lot extending from the front line of the lot. b. Rear Yard. A yard across the full width of the lot, extending from the rear line of the building to the rear line of the lot. c. Side Yard. A yard between. the side line of the building and the adjacent side line of the lot, extending from the front yard to rear yard. If there be no front yard, the side yard shall be considered as extending to the front line of _the lot, And if there be no rear yard, the side yard shall be considered as extending to the rear line of the lot. 41. Zoning Administrator. That person or persons appointed by City Council to enforce the provisions of the zoning ordinance. ARTICLE IV GENERAL PROVISIONS Section A. Districts -8- 1 1 1 1. R -1 (Single Family) 2. R -2 (Duplex) 3. R -T (Residential Tourist) 4. P -U -D (Planned Unit District) 5. C -1 (Beach Business District) 6. C -2 (Highway Business District) Section B. District Boundaries The boundaries of districts are hereby established as shown on the zoning map of Savannah Beach, Georgia, which is adopted as a part of this ordinance and which is on file in the office of the City Records of Savannah Beach, Georgia. Section C. Interpretation of District Boundaries Unless otherwise shown on zoning map, the boundary lines of districts are rear lot lines, and center lines of streets or alleys or such lines extended, railroad right -of -way lines and center lines of creeks or the corporate limit line as it exists at the time of the enactment of this ordinance. Questions regarding the exact location of district boundary lines shall be determined by the Board of Zoning Appeals in accordance With the provisions of this ordinance. Section D. Zoning Affects Every Structure and Use Except as otherwise provided, no structure or land shall be hereafter used and no structures or part thereof shall be erected, altered or moved unless in conformity with the regula- tions herein specified for the district to which such structure of land is located. Section E. Continuance of Non - Conforming Uses -9- Any structure or use existing at the time of the enactment of this ordinance or an amendment of this ordinance, although such use does not conform to the provisions hereof, the use may be continued as a non - conforming use, and structural alterations may be made to said non- conforming uses; the non - conforming use of a building may be changed to another non - conforming use of the same or of a more restrictive classification. Whenever a non - conforming use of a building has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restricted use; whenever a non - conforming use of a building, or portion thereof, has been discontinued for a period of at least one (1) year, such non - conforming use shall not there- after be re- established, and the future use shall be in conformity with the provisions of this chapter; any non- conforming building or structure, which is hereafter damaged by fire, flood, hurricane, explosion, earthquake, war, riot, or any act of God, may be restored, reconstructed and con- tinue as the same non - conforming use. Section F. Reduction 16n Lot Area Amew,000 /2-1'9-7'9 No lot shall be reduced in area so that yards and other open spaces less than the minimums required under this ordinance shall result. Section G. Obstruction to Vision at Street Intersections In all districts except the Commercial Business District, no fence, wall, shrubbery, sign or other obstruction to vision between the heights of three and one -half (3 1/2) and -10- 1 1 fifteen (15) feet shall be permitted within twenty (20) feet of the intersection of two streets, or of two railroad right- of-way lines or of a street and a railroad right -of -way line. Section H. Zone Line Dividing a Lot. In the event a zone line should divide a lot or parcel of land, use permitted on that entire parcel of land shall be those uses permitted in the more restrictive zone. ShetION 2 ��- "�) �� Le�h+rr�s /2•/9 73 ARTICLE V ZONES Section A. Residential District 1. R -1 Residence District In an R -1 Residence District, land may be used and buildings or structures may be erected or used for the following: (a) Single family dwellings (b) Accessory buildings (c) Primary and secondary schools (d) Nursing homes and ancillary activities (e) Public parks and neighborhood playgrounds, but not amusement parks (f) Churches, including Sundary schools or educational buildings (g) Schools of general education, including Kindergarten and day nurseries, except correctional institutions (h) Public community buildings, libraries, recreation centers, museums (i) Public utility structures 2. R -2 Residence District In an R -2 Residence District, land may be used and buildings or structures may be erected, altered or used for the following: (a) Uses permitted in R -1 Residence District (b) Two - family dwellings (c) Government buildings (d) Home occupations 3. tR -T Residential Tourist District 4 aND0.0 In a Residential Tourist District, land may be used and buildings or structures may be erected, altered, or used only for the following: a. Uses permitted in R -2 Residence District. b. Apartment houses not to exceed four (4) units. c. Motels with dining rooms, cocktail lounges, and other accessory uses normally provided within the main buildings, provided that no motel be constructed with less than sixty (60) units, and provided that no motel shall be constructed nearer than fifty (50) feet to any adjacent property line. Where required by the Planning Commission, fences, walls, or a year- round planted screen shall be provided for the protection of the adjacent property owners. The uses authorized within this subsection shall be permitted provided that a public hearing first be held on an -12- 1 1 1 application of petitioner for such use or uses after notice thereof, the erection of a sign on the affected property, and the newspaper public notice, be first given as is now required in the procedure on an appeal from decisions from the Board of Zoning Appeals, as set forth in ARTICLE VI, Section B, and the subsections thereunder within this Zoning Ordinance. 4. P -U -D Planned Unit District The purpose of this district is to provide areas within the corporate limits of the City of Savannah Beach for development of a harmonious grouping of the buildings designed for high density residential use. a. Procedure for establishment of a planned unit dis- trict: A planned unit district may be established when application for rezoning is made to the Planning Commission and the following general requirements are met: (1) Upon receipt of an application for a planned unit district, the Planning Commission shall determine if the development will consist of a harmonious grouping of buildings, parking spaces and other open spaces planned and designed as a unit. -13- (2) A preliminary development plan shall be a sketch plan of the entire planned unit district, the name of the development, the number of units (minimum of fifty), the minimum rights -of- way, special financial arrangements, and other information required by the Planning Commiss ion. (3) Upon approval of the preliminary development plan, the applicant shall within one (1) year from approval of the preliminary development plan, submit three (3) copies of a final de- velopment plan for the planned unit district. (4) Approved final development plans will limit and control the recommended rezoning and shall restrict the construction, location, use and operation of all land and structures to con- ditions set forth in the plans, provided, how- ever, that upon application to, and approval by the Planning Commission, minor changes in location of structures and other details may be permitted. No change shall be authorized which materially differs from the approved plans or violates the spirit or intent of the provisions of this ordinance. -14- 1 1 1 (5) Requirements for final development plans shall be as follows: ((a)) A final development plan shall conform to the approved preliminary development plan with permitted changes thereto. ((b)) A final development plan shall be a working drawing, showing in detail all improvements to be made, including water, sanitary sewer, storm sewer, open space and street cross - sections. (6) Dimensional requirements for a planned unit district shall be the same as required in R -T Zone. (7) In acting upon a final development plan, the Planning Commission may require additions, alterations or changes to the plan as a pre- requisite for approval. (8) The number of off - street parking spaces shall not be less than two (2) per dwelling. (9) Playground. Each planned unit district shall include a playground. (10) Where required by the Planning Commission, fences, walls, or a year -round planted screen shall be provided. -15- (11) Performance Bond. When in the opinion of the Planning Commission, it shall be in the public interest the Planning Commission may require a Performance Bond to be posted by the developer which will cover all or part of the proposed water, sewer and streets and open space inprovements shown in the final development plan. (12) Upon approval of final development plans by the Savannah Beach City Council, copies shall be filed with the Planning Commission, the City Clerk and the Zoning Administrator. 5. Location of Detached Accessory Structures on Residential Lots. A detached accessory structure in either the Residence District or on any lot containing a principal building whose ground floor is used for residential purposes shall conform to the following regulations: (a) No detached accessory building shall be erected on any required side yard or front yard, within sixty (60) feet from the front lot line. (b) No detached accessory building shall be more than two (2) stories in height. (c) No detached accessory building shall be located -16- 1 1 nearer than five (5) feet to any alley line where said alley line is coincident with the rear lot line. (d) No detached accessory building shall be located nearer than six (6) feet to the principal building. (e) No detached accessory building shall be located nearer than ten (10) feet to any lot line. (f) A detached accessory building which is located at a distance greater than sixty (60) feet from the front lot line, may be erected within that portion of the required side yard which is greater than sixty (60) feet from the front lot line, provided that no detached accessory building shall be located on a side property line until a written agreement, which has been signed by both subject property owner and adjacent property owner, is submitted to the Zoning Administrator. 6. Location of Attached Accessory Structures on Residential Lots. An attached accessory structure in either Residence District or on any lot containing a principal building, the ground floor of which is used for residential pur- poses shall be considered as an integral part of the principal building and shall be constructed, altered or otherwise be developed in accordance with the regu- lations governing side yard, rear yard, and front yard -17- for principal buildings in the Residence District. 7. Principal Building on Lot. Only one principal building and its customary accessory buildings may be erected hereafter on any lot. In the Residence District, any dwelling shall be deemed to be the principal building on the lot on which the same is situated. 8. Off - Street Vehicle Parking Requirements. (a) Dust -Free off - street parking facilities shall be provided and maintained on site or within four hundred (400) feet of the site for all buildings, structures, or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts. (1) Residence Dwelling Units: For every dwelling unit there shall be provided at least two (2) off - street parking spaces. (2) Nursing Homes, Hospitals: One parking space for each five patients' beds plus one space for each staff doctor, plus one space for each employee on the largest shift. (3) Theatres, auditoriums, churches, private or public clubs, funeral homes, gymnasiums and other places of assembly; One parking space -18- 1 1 1 for each four (4) seats provided in the main auditorium or for each fifty (50) square feet of floor area available for the accomodation of movable seats in the largest assembly room or area. (4) Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasiums used in conjunction therewith), lodge, fraternal and social organizations: One parking space for each two hundred (200) square feet of gross floor area devoted to such use. 9. Control of Access: In order to promote the safety of motorists and pedes- trians, the following regulations shall apply: (a) A driveway opening which connects a residential lot with a public street shall not be greater than twenty -five (25) feet in width. (b) There shall be no more than two (2) drive -way openings on any residential lot of any width. Lots of less than one hundred (100) feet in width shall have no more than one (1) driveway opening. (c) Two (2) driveway openings shall not be closer than fifty (50) feet from each other. -19- (d) No driveway opening shall be constructed within thirty -five (35) feet from any street intersection. (e) No curb on any city street or right of way shall be cut or otherwise altered without prior written approval of the City Clerk. 10. Signs. The following signs are permitted in any residential district under the conditions specified: (a) Name plates and identification signs, subject to the following: (1) There may be only one (1) sign not exceeding one (1) square foot in area for each dwelling unit for any street frontage. Said sign shall indicate only the name and address of the occupant. (2) For multiple family dwellings and for build- ings other than single family dwellings, other than chrches and similarorganizations, there may be only one (1) sign not exceeding nine (9) square feet in area. Said sign shall indicate only the name and address of the building, the name and address of the manage- ment and the names of the occupants therein. 1 -20- (b) Real Estate Signs, subject to the following: (1) There shall be only one (1) sign not exceed- ing six (6) square feet in area, appertaining either to the lease or sale or construction of the immediate premises. (2) A sign not exceeding twenty twenty -four (24) square feet in area may be erected for a per- iod of six (6) months for the purpose of and appertaining to the sale of property of a new residential subdivision. (3) No sign or any nature shall be displayed on any lot, parcel of land or property to indi- cate the lot, property or parcel of land has been sold. (c) Signs related to churches and similar organizations, subject to the following: (1) There shall be only one (1) sign or bulletin board, not exceeding twenty -four (24) square feet in area, erected solely for the purpose of displaying the name and activities thereof, or the service therein. (d) Signs accessory to parking areas, subject to the following: (1) Direction signs for traffic, pedestrian, ambulance or other vehicles designating entrance or exits to or from a parking area, and limited to one (1) sign for each exit or entrance, and not exceeding two (2) square feet in area. (e) No sign shall be located so as to impede vehicular visibility at any intersection or street lines with one another of the edge of driveways with street lines. 1 1 11. Schedule of Residential District Dimensional Requirements gApEpLk-42 Zone 42-19-73 Minimum Yard Require -nts 2 - Family Two - Family Multi- Family Front Rear Each Side R -1 12,000 sq. ft. -0- -0- 3 35 15 R -2 4,500 sq. ft. ' 000 sq. ft. -0- 20 10 10 R -T 7,000 sq. ft. 8,000 ft. Add for each addi onal unit over two. Ef `'. iency . - 1,500 sq. ft. 1 BR A. - 2,000 sq. ft. 2 BR 2,500 sq. ft. 3 Apt. - ,I00 sq. ft. 30 25 10 c) 1/ The Board of Zoning Appe - -s shall have the power to increase - decrease the foregoing I lot area per apartmen unit by twenty (20) per cent upon conside 'ng light and air space, character of ne borhood and health and welfare of the tenants. 1/ Where a rear yard abuts a side yard of an adjacent lot, add one (1) foot t• the rear for each • e (1) foot above thirty -five (35) feet in height. 1/ Ad • one (1) foot to the side yard for each one (1) foot above thirty -five (35) feet height. 1 1 1 Section B. Commercial District. 1. C -1 Business District In a C -1 Business Disteict, land may be used and buildings or structures may be erected, altered or used only for the following: (a) Apartment hotels, guest cottages, hotels, and motels (b) Apothecary shops (c) Gift Shops (d) Barber Shops and beauty shops (e) Finance, investment and insurance offices (f) Florist (g) Restaurants and concessions stands (h) Commerchal amusements, including amusement parks and other commercial games and sports. (i) Retail stores (j) Advertising signs not to exceed thirty -five (35) feet in height (k) Lounges and package shops, for the retail sale of malt and alchololic beverages. 2. C -2 Business District, land may be used and buildings or structures may be erected, altered or used only for the following: (a) Service Stations (1) A station for the storage and sale of fuel, lubricating oil and accessories for motor ve- hicles may be established, erected or enlarged, provided: (2) No street entrance or exit of such service station for vehicles shall be within two hundred (200) feet of a street entrance or exit of any school, park, or playground. (3) No portion or equipment of such service station shall be within two hundred (200) feet of any por- tion of any hospital, church, or public library, or within fifty (50) feet or a lot in a residence district, as established by this ordinance. (4) No equipment, above the surface of the ground, for the service of motor vehicles, shall be closer to any street line than fifteen (15) feet. (5) No portion of any entrance driveway leading from a public street to such service station shall be closer than fifteen (15) feet to the curb line of an intersecting street, nor closer than three (3) feet to a fire hydrant, catchbasin, end of curb circle at a corner, or to the street line of an intersecting street. (6) Tires and other discarded auto parts or accessories, IIand junked cars shall be stored on the premises only while awaiting removal. Such on- premises storage shall not be visible from the street and shall be screened from surrounding properties by a suit- able screen. The screen shall be approved by the Zoning A4ministrator. (7) The width of any entrance driveway leading from the public street to such service station shall not exceed thirty (30) feet at its intersection with the curb or street line. (8) No two driveways leading from a public street to such service station shall be within fifteen (15) feet of each other at their intersection with the curb or street line. (9) A pipe railing, post and chain barricade, raided curbing or similar divide shall be constructed and maintained upon the property in the vicinity of street corners, sidewalk safety zones, entrance driveways and other points in such a manner as to prevent vehicles from crossing the sidewalks other than by means of an entrance driveway as hereinabove prescribed. (10) Every filling station or other place of business at which automobiles are stored, parked, serviced, repaired, or washed, shall make arrangements for the disposal of all water, mud, grease, and other waste on the premises and shall provide such place -26- of business with necessary perimeter drains in- stalled and maintained in such a manner as to prevent the flow of water, mud, grease, and other wastes onto any sidewalk. (b) Restaurants, including drive -in restaurants (c) Gift Shops (gOOds sold within an enclosed building) (d) Motels (e) Grocery stores (f) Tourist homes (g) Parks, Playgrounds, and recreation facilities under the supervision of the City. (h) Professional and business offices (i) Lounges and package shops for the retail sale of malt and alchoholic beverages. (j) All advertising signs will be placed only on the same lot on which the use is conducted. (k) Retail stores (1) Marinas (m) Seafood warehouses, retail and wholesale sales (n) Signs will not exceed a total of twenty (20) square feet and fifteen (15) feet in height. 3. Signs The following signs are permitted in the C -1 Business District and C -2 Business District, under the following conditions: -27- 1 1 1 1 1 1 (a) Identification signs subject to the following: An identification sigh may be erected, provided such sign is attached to the main wall of the building or to a support from the building with the street lines and projects horizontally over no more than eighteen (18) inches of the sidewalk or street line and erected at a height of no less than nine (9) feet above the side- walk or ground; provided however: (1) That each place of business may have only one projecting sign but where a business fronts on two or more streets, it may have a projecting sign at each such street; (2) That all such signs, whether against the wall or projecting over the sidewalk or street lines, shall bear an advertisement of the name of the person, firm or corporation operating such place of busi- ness of the name of the business and such name shall cover atleast sixty (60) percent of the area of such sign and the remaining area of such sign may bear an advertisement of such other things relating to the business as the person oper- ating such business may determine. (b) Real Estate Signs, subject to the following: (1) There shall be only one sign not exceeding -28- twelve (12) square feet in area, appertaining either to the lease or sale or construction of the immed- iate premises. (2) A sign not exceeding twenty -four (24) square feet in area may be erected for a period of six (6) months for the purpose of or appertaining to the sale of property of a new commercial subdivision. (c) Temporary signs at construction sites, subject to the following: One temporary sign to be located on and pertaining to the construction site of a building or buildings under construction provided the following requirements are met: (1) The maximum area of such sign shall not exceed twenty -four (24) square feet. (2) The Zoning Administrator shall be supplied with a drawing of the sign showing size and area, con- struction design and location on the site of the sign. A zoning permit for the sign will be issued only after a zoning permit for the building or buildings has been issued. (3) The sign will be temporary in nature and shall be removed upon completion of building construc- tion. Zoning permits for such signs shall be issued for period of six (6) months, and may be renewed. 1 1 (4) The sign shall contain only the name of the building, the developer, the architect, the contractor (ex- cluding supplier), and occupants of the building. A drawing of the proposed building and landscaping will be permitted. 4. Parking Off - street parking facilities shall be provided and and maintained for all buildings, or premises being occupied or used in whole or in part for commercial activity as follows: (a) O- fficesr- studios, clinics: Three .(3) parking spaces for each employee including heads offirms. (b) Retail businesses of all kinds, including restau- rants, cafeterias, berber shops and similar service -outlets: One (1) parking space for each one hun- dred (100) square feet of gross floor space. (c) Hotels, motels, motor courts, and tourist homes: One parking space for each room to be rented. 1 5. Schedule of Commercial Minimum Yard Requirements Zone Front Yard Rear Yard 1/ Side Yard C -1 0 None required except'25'2/ None required except if bordering residential 25'2/ if bordering district residential district C -2 0 None required except 30'2/ None required except if bordering residential 30'2/ if bordering district residential district 1/ When abutting public streets, any principal building shall be located no nearer than five (5) feet " -to said lot line. 1 Where commercial establishment abuts residential zoning, a suitable screen will be required. Such screen shall be either natural (planting) or man -made and shall be maintained in good order and approved by the Zoning Administrator. Minimum height is six (6) feet. i9aric4E V - AposG - 6Y iime ootee ' 0-1?-7,0 ARTICLE VI ADMINISTRATION Sect-iorr A. Board of Zoning Appeals 1. Composition, appointment, terms, compensation. The governing authority of the City of Savannah Beach shall create a Board of Zoning Appeals. The Board of Zoning Appeals shall consist of not less than three (3) or more than five (5) members, appointed by the City Council of the City of Savannah Beach, Georgia. The members shall serve for overlapping terms of not less than three (3) or more than five (5) years or thereafter until their successors are appointed. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. The appointing authorities shall determine the amount of compensation, if any, to be paid to the members of the Board of Zoning Appeals. One member shall be a member of the Planning Commission. 1 1 2. Meetings, rules of procedure, keeping of records. The Board of Zoning Appeals shall elect one of its members as Chairman, who shall serve for one year or until he is re- elected or his successor is elected. The Board of Appeals shall appoint a secretary who may be an officer of the governing authority or of the Planning Commission. The Board shall adopt rules in accordance with the provisions of any ordinance or resolution adopted pursuant to this Act. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Vice - Chairman, may administer oaths and compel the attend- ance of witnesses by subpoena. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote,1:indicating: such ' °fact, and ".shall' keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall :be a public record. 3. Procedure fqi. Appeals. Appeals to the Board of Appeals may be taken by,pny person aggrieved or by any officer, department, board, ,or bureau of the municipality affected by any decision of the Zoning Administrator. Such appeal shall be filed no later than thirty (30) days after notification of the decision appealed from, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal -32- specifying the ground thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all legal proceedings in fur- therance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him that by reason of facts stated in a certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, pro- ceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a Court of Record on application, on notice to the officer from whom the appeal is taken, and on due cause shown. The Board of Appeals shall fix 45 days for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest and decide the same within 45 days. Upon the hearing any party may appear in person or by agent or by attorney. 4. The Board of Appeals shall have the following powers: (a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance. (b) To hear and decide special exceptions to the terms of this ordinance. 1 1 (e) To authorize upon appeal in specific cases such variance from the terms of the ordinance or resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substan- tial justice done. Such variance may be granted in such individual cases of unnecessary hardship upon a finding by the Board of Appeals that: (1) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography. (2) The ` °pplication of the ordinance or resolution to this particular piece of property would create an unnece- ssaryhardship. (3) Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by the ordinanee. (d) In exercising the above powers, the Board of Appeals may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or may modify the order, requirements, -34- decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issure or direct the issuance of a. permit. 5. Appeals from decisions of Board of Zoning Appeals. Any person or persons severally or jointly aggrieved by any decision of the Board of Zoning Appeals may take an appeal to the Superior Court. Said appeal to the Superior Court shall be the same as an appeal to the Superior Court from any decision made by the Court of Ordinary and as specified in Chapter 6 -2 of Code of Georgia, except, however, that said appeal may be filed within thirty (30) days, the said decision of the Board of Aoning Appeals, and upon failure to file said appeal within thirty (30) days, the said decision of the Board of Zoning Appeals shall be final. Provided, however,, that on appeal said case shall be heard by the Judge of the Superior Court without a jury, unless one of the parties files a written demand for a jury trial within thirty (30) days from the filing of the appeal. Section B. Public Hearing 1. Notice of Hearing shall Be Given: Before making its decision on any appeal, request for permission to establish a use, request for a variance, or on any other matter within the Board of Appeals' purview, said Board shall hold a public hearing thereon. Atleast fifteen (15) days notice of the time and place of such hearing shall be sent to the appellant or petitioner, to the -35- 1 1 Planning Commission, to the Zoning Administrator, and to the owners of all properties either adjoining the property with which the hearing is concerned or situated directly across a public right -of -way from said property. Such notice shall contain the name of the appellant and petitioner, the date, time, and place fixed for the hearing, and a brief statement of the error alleged by the appellant, or of the variance, use requiring special approval, or other relief requested. 2. Erection of Sign: Within three (3) days after acceptance for filing of an appeal the applicant shall erect a sign, to be furnished by the Zoning Administrator, on the land with which the appeal is concerned. The sign shall be of metal, shall have a minimum size of thirty by forty inches (30" X 40 "), show the application number, the type of relief sought, the schedule date, time, and place of public hearing, and the telephone number to call for further information. The applicant shall deposit a sum of $10.00 for a sign which deposit shall be repaid when the sign is returned. 3. Adjournment of Hearings: Hearings may be adjourned from time to time and, if the time and place of the continued hearing be publicly announced at the time of the adjournment, no further notice of such continued hearings shall be required: otherwise, notice . thereof shall be given, as in the case of the original hearing. -36- 4. Public Notice in Newspaper: The Board of Appeals shall give public notice of the hearing in a newspaper circulated in Savannah Beach by advertisement published for two (2) con- secutive days at least five days (5) prior to the date of the public hearing. 5. Rehearings: An application for a reh @acing may be made in the same manner as provided for an original hearing. 6. Time Limit of Board's Decision: The Board of Appeals shall reach a decision following a public hearing within a reasonable period of time; however, said period shall not exceed forty- five (45) days. 7. Forms: Appeals, requests for permission to establish a use IIrequiring special approval, requests for variances, and requests for extension of non - conforming uses shall be made on forms provided therefore, and all information required on said forms shall be provided by the appellant. Forms shall be filed with the Board of Appeals, and the appellant shall pay said Board for r xpenses incidental to the appeal. No form shall be accepted by the Board of Appeals unless it contains all pertinent information and is accompanied by the required fee to defray expenses. 8. Calendar of Appeals. Appeals and applications filed in proper form shall be posted conspicuously in the office of the Board of appeals and in the office of the Zoning Administrator during the period before such hearing date. II 1 1 Section C. Amendment 1. General Conditions. These regulations, including the zoning map, may be amended by the City Council of Savannah Beach on their own motion, on petition, or on recommendation of the Planning Commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the Planning Commission for review and recommen- dation. The Planning Commission shall submit its report within thirty (30) days after receiving an amendment proposal from the City Council of Savannah Beach for review, otherwise said amendment shall be deemed approved by the Planning Commission. Before enacting an amendment to these regulations, the governing authority shall give public notice and hold a public hearing thereon as set forth in this section. All official meetings of City Council shall be deemed public hearings. 2. Application for amendment. a. General: Applications for amendment of these regulations may be in the form of proposals for amendment of the text of these regulations or proposals for amendment of the zoning map. Applications for amendment shall be submitted to the City Council of Savannah Beach, in triplicate, on the Zoning Amendment Application Form. Such applications will give the reasons for requesting change of the text and /or zoning map which would support the purposes of the zoning program. A property owner shall not initiate action for a map or text amendment affecting the same parcel more often than once every twelve (12) months. All previous applications for a text or map amendment affecting the same premises shall be listed. b. Fee: No application for amendment shall be accepted by the City Council of Savannah Beach unless the application is accompanied with a fee of one hundred dollard ($100.00) c. Signature of Applicant Required: All applications shall be signed by the applicant, and shall state his name and address. When a change in the zoning classification of a piece of property is requested, the applicant shall be only the owner of such property or his authorized agent. d. Application for Text Amendment: In the case of a text amendment, the application shall set forth the next text to be added and the existing text to be deleted. e. Application for Map Amendment: An application for a map amendment shall include the followind information and a scaled or dimensioned map, plat or sketch which shall be attached to each of the application forms required. Said map, plat or sketch shall show the property referred to in the appfltcation and all adjoining lots or parcels of land which are in the same ownership as the site(s) in question. Such properties shall also be indicated in respect to the nearby public roads in common use. (1) the area in which is located the land proposed to be - 39 - 1 reclassified and the street number, if any, or if none, thellocation with respect to the nearby public roads in common use; (2) legal description of the land by lot, block and sub- division designations, of if none, by metes and bounds; (3) the present zoning classification and the classification proposed for such land; (4) the name and address of the owners of the land; (5) the area of the land proposed to be reclassified stated in approximate square feet if less than one (1) acre, and in acres if one (1) or more; (6) the present and proposed land uses of the property petitioned for rezoning; and all adjoining properties if under the same ownership. f. Posting of Property: (1) Erection of Sign: Within three (3) days after accept- ance for filing of an application for a map amendment the applicant shall erect a shgn, to be furnished by the Zoning Administrator on the land proposed to be reclassified. Such sign shall be erected by the appli- cant within ten (10) feet ofwhatever boundary line of such land abuts the most traveled road; if no public road abuts thereon, then such sign shall be erected to face in such a manner as may be most readily seen by the public. The lower edge of the sign face shall be not less than two and one -half (21) feet above the ground. The sign furnished by the Zoning Administrator shall be of metal, shall have a minimum size of thir #y by forty inches (30" X 40 "), shall show the application number, the present zoning classification, the scheduled date, time and place of public hearing, and the telephone number to call for further information. If the land sought to be reclassified lies within more than one (1) block as shown on a plat recorded in the land records of the City, then a sign shall be erected by the applicant on the land in each such block. 2. Deposit: No sigh shall be furnished by the Zoning Administrator unless the applicant shall deposit the sum of ten dollars ($10.00) to be applied to the cost of said sign. On the return of the sign to the Zoning Administrator by the applicant as hereinafter pro-4 vided there shall be repaid to the applicant the amount of said deposit. 3. Removal of Sign: Any such sign shall be maintained at all times by the applicant until a decision on the application has been made public by the governing author- ity. The sign shall be returned to the Zoning Adminis- trator within five (5) days thereafter. g. Referral to Planning Commission: After acceptance of application for an amendment, the City Council of 1 1 Savannah Beach shall transmit a copy thereof to the Planning Commission for its review and recommendation. The Planning Commission shall submit its findings to the City Council of Savannah Beach within thirty (30) days from the date it received the petition; provided that such application was sub- mitted to the Planning Commission at least twenty (20) days prior to its regularly scheduled meeting. If the Planning Commission fails" to submit a report within a thirty (30) day period, it shall be deemed to have approved the requested change or departure. h. Hearing Procedure: (1) Hearing Called. Before taking action on a proposed amend- ment, the City Council of Savannah Beach shall hold a public hearing thereon, at least fifteen (15) days notice of the time and place of which will be published in a newspaper of general circulation within Savannah Beach. Such notice shall state the application number, and shall contain a summary of the proposed amendment, if a text amendment, and in case of a map amendment, the location of the property, its area, name of the owner, and the proposed change or classification. (2) Notice to Interested Parties: A notice shall be sent to the applicant and the Planning Commission, by mail, of the date, time, and place of hearing. All Application -4.2- files shall be placed in the custody of the Zoning Administrator and shall be open to public inspection during regular office hours. Section D. Enforcement 1. Zoning Enforcement Officer. The governing authority of the City of Savannah Beach shall provide for the enforcement of this ordinance adopted pursuant to the provisions of-this ordinance by means of withholding of building permits and fill the position of building inspector, individually or jointly. From and after the establishment of such position and the filling of the same, it shall be unlawful to construct, reconstruct, or alter any building or other structure without first obtaining an occupancy permit from each building inspector; and such building inspector shall not issue any permit unless the requirements of this Act and of any other ordinance adopted pursuantlto the provisions of this Act is hereby declared to be a misdemeanor and, upon conviction thereof, shall be punished as provided by law. 2. Remedies. In case, any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is pro- posed to be used in violation of any ordinance adopted pursuant to this Act, the building inspector, or other appropriate author- ity of the municipality or any adjacent or neighboring property owner who could be specially damaged by such violation may, in addition to other remedies, institute injunction mandamus, or 1 1 1 other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violation, or to prevent the occupancy of said building, structure or land. Each and every day such unlawful erection, construction, recon- struction, alteration, conversion, maintenance, or use continues shall be deemed a separate offense. 3. Conflicts. Where this ordinance imposes greater restrictions upon the use of the building, structure or land, or upon the height, bulk or size of a building or structure or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or permits, or by easements, covenants or agreements, the provisions of this ordinance shall govern. Where by any other ordinances, rules, regulations or permits, or easements, covenants, or agreements impose greater restrictions upon the use of a building, structure or land, or upon the height, bulk or size of a building or structure, or require larger open spaces than are required under the regulations of this ordinance, such provisions shall govern. 4. Validity. Should any section, clause, or provision of this or- dinance be declared to be invalid by the courts, . the same shall not affect the validity of this ordinance as a whole or any part thereof other than that specifically declared invalid. 5. Violations. Any person violating any provision of this ordin- ance shall, for each day or each violation and upon conviction thereof, pay fine or penalty of two hundred dollard ($200.00) with costs receivable before any magistrate of City Court and upon default of payment or fine in costs, the person convicted may be committed to the city jail for thirty (30) days, provided the court in its discretion may limit part of such fine or penalty. Any person who, having been served with an order to remove shch violations, shall fail to comply with such order to remove such violations, shall also for each day that the violation remains be subject to a civil penalty of two hundred dollars ($200.00) fine for each day of each violation. 6. Repeal. All previous ordinances or part of ordinances which are in conflict with this ordinance are hereby repealed. First Reading: October 28, 1970 Second Reading: March 24, 1971 Passed: March 24, 1971 -45- 1 1 1 1 APPENDIX Zone Descriptions R -1 Zone shall be defined as beginning at a point where the extension of the center line of First Street intersects the east city limits line, thence proceeding in a westerly direction along the center line of First Street to a point where the eastern boundary line of Lovell Avenue intersects the center line of First Street and thence proceeding in a northerly direction two hundred and seventy -five feet per- pendicular to First Street; and thence proceeding in a north- westerly direction two hundred seventy -five feet north of and parallel to the center line of First Street to the eastern city limits line at Chimney Creek; and thence proceeding in a northwesterly direction along the city limits line until the intersection of the city limits line and the center line of Byers Street; thence proceeding in a northerly direction along the center line of Byers Street and the extension of Byers Street, until the intersection of the north city limits line, and thence the city limits line closes the Zone. R -2A Zone shall be defined as beginning at a point on the city limits line where the eastern extension of the center line of 18th Street intersects the east city limits line and proceeding along the south city limits line, and thence northerly along the city limits line to a point where the city limits line intersects the western extension of the center line of 18th Street and thence proceeding in an easterly direction along the extension of the center line and the center line of 18th Street to the point of beginning. R -2B Zone shall be defined as beginning at a point where the center line of Chimney Creek intersects the center line of U. S. 80, proceeding thence southwardly along the center line of Chimney Creek, a distance of two hundred and seventy -five feet perpendicular to the center line of First Street to a point which is point of beginning; and thence proceeding in a southeasterly direction two hundred and seventy -five feet south of and parallel to the center line of First Street to a point on the eastern boundary line of Lovell Avenue which is two hundred and seventy -five feet -4�•uth of and perpendicular to the center line of First Street; thence proceeding northwardly two hundred and seventy -five feet along the eastern boundary line of Lovell Avenue to a point where it intersects the center line of First Street; thence proceeding eastwardly along the center line of First Street and southwardly along the center line of Butler Avenue to a point one hundred twenty feet north of the intersection of the north right -of -way of 14th Street, and thence proceeding in a westerly direction perpendicular to the center line of Butler Avenue along the property line of Parcel 486- 09 -07, Ward 4, to the intersection of the east right -of -way of Lovell Avenue, and thence in a southerly direction along the east right -of -way of Lovell Avenue to the intersection of the center line of 18th Street, and thence westerly along the center line of 18th Street to the city limits line, and thence northerly along the city limits line to a point two hundred seventy -five feet south of and perpendicular to the center line of First Street which is the point of beginning. R -2C Zone shall be defined as beginning at a point where the city limits line intersects the center line of Byers Street; proceeding thence southwesterly and westerly along the city limits line located on the north side of U. S. 80 to a point where the city limits line intersects the north side of the right -of -way of U. S. 80 approximately one thousand seven hundred thirty feet east of the intersection of the city limits and the Lazaretto Creek Bridge; proceeding thence northerly along a line perpendicular to U. S. 80 approximately one thousand seven hundred thirty feet east of the intersection of the city limits line and the Lazaretto Creek Bridge, until it intersects with the north city limits line, such northerly perpendicular line being the easternmost boundary line of the C -2B Zone located immediately east of Lazaretto Creek; proceeding thence eastwardly and northeast- wardly along the north city limits line to a point where it intersects the center line of Byers Street as extended north - wardly; proceeding thence southwardly along the center line of Byers Street to the ;point of beginning. R -T Zone shall be defined as beginning at a point where the extension of the center line of 14th Street intersects the east city limits line, and thence proceeding in a northwesterly direction along the extension of the center line of 14th Street until the intersection of the center line of 14th Street and the center line of Butler Avenue, and thence proceeding in a northeasterly direction along the center line of Butler Avenue until the intersection of the center line of First Street, and thence proceeding in an easterly direction along the extension of First Street to the city limits line, and thence the city limits line closes this Zone. C -1 Zone shall be defined as beginning at a point where the extension of the center line of 18th Street intersects the east city limits line, and thence proceeding in a westerly direction along the center line of 18th Street to the inter- section of the eastern right -of -way of Lovell Avenue, and thence proceeding in a northerly direction along the east right -of -way of Lovell Avenue to a point one hundred twenty feet north of the northeast interction of the right -of -way 1 1 1 of Lovell Avenue and 14th Street, and thence proceeding in an easterly direction along the property line and extension of the property line of Parcel 486- 09 -07, Ward 4, to the center line of Butler Avenue and thence in a southerly direction along the center line of Butler Avenue to the intersection of the center line of 14th Street, and thence proceeding in an easterly direction along the center line of 14th Street to the inter- section of the city limits line, and thence the city limits line closes this boundary. C -2A Zone shall be defined as beginning at a point where the center line of Chimney Creek intersects the center line of U. S. 80, which is the point of beginning; proceeding thence southwardly along the center line of Chimney Creek, a distance of two hundred seventy -five feet perpendicular to the center line of First Street to a point; thence proceeding in a southeasterly direction two hundred seventy -five feet south of and parallel to the center line of First Street to a point on the eastern boundary line of Lovell Avenue which is two hundred seventy -five feet south of and perpendicular to the center line of First Street; thence proceeding northwardly five hundred fifty feet along the eastern boundary of Lovell Avenue to a point which is two hundred seventy -five feet north of and perpendicular to the center line of First Street; proceeding thence in a northwesterly direction two hundred seventy - five feet north of and parallel to the center line of First Street to a point which is the city limits line located on the center line of Chimney Creek two hundred seventy -five feet north of where the center line of Chimney Creek intersects the center line of U. S. 80; proceeding thence along the city limits line southwardly along the center line of Chimney Creek two hundred seventy -five feet to the point of beginning. C -2B Zone shall be defined as beginning at a point where the city limit line intersects the north side of the right -of -way of U. S. 80 approximately one thousnad seven hundred thirty feet east of the intersection of the city limits line and the Lazaretto Creek bridge and thence proceeding westerly and thence northerly and thence easterly along the city limits line to the intersection of a line extending northerly perpendicular to U. S. 80 at the point of beginning; such northerly perpendicular line being the westernmost boundary line of the R -2C Zone located north of U. S. 80 and thence proceeding southerly along this line to the point of beginning. First Reading: October 28, 1970 Second Reading: March 24, 1971 Passed: March 24, 1971 1 (6) Article III Section B. Specific Definitions 33. Street. A public way which provided a principal means of access to abutting property. Streets are divided into two classifications as follows: . Major Streets - First Street, Butler Avenue, Jones Avenue, Chatham Avenue, Venetian Drive, Eighteenth Street . Minor Streets - All other public ways which provide a means of vehicular access to abutting properties. Text Amendment. to Zoning Ordinance Regular Council Meeting December 19, 1973 Recommended Amendments to the Savannah Beach Zoning Ordinance (1) Article IV Section F. Reduction on Lot Area No lot shall be reduced in area that is less than the minimum area required under this ordinance; however, lots of record as of March 24, 1971, may be reduced in area upon recommendation of the Planning Commission,. provided: 1. that such lot is consistent with the existing surrounding : development pattern. 2. that such lot permits and maintains required front, .side . and rear yard areas. 3. that such lot is connected to city water and sewer. Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973 (2) Article IV Section I Substandard Lots of Record Any lot of record existing at the time of the adoption of this ordinance, March 24, 1971, which has a lot area which is less than that required by this ordinance shall be subject to the following exceptions and modifications: 1. Adjoining lots. When two or more adjoing lots with contigious frontage are in one ownership at any time after the adoption of this ordinance and such lots, individually, are smaller in area than required in this ordinance, then such group of lots shall be considered as a single lot or several lots of minimum permitted area for the district in which they are located: provided, however, that when such combination of lots would create a single lot having an . area fifty percent greater in size than required by this ordinance, for the district in which the lot is located, then such lot may be divided into two lots of equal width and area: provided further, that each of the two lots shall be served by public water and public sewers. and all minimum front, side and rear yard setbacks as required by this ordinance are met. 2. Single lot not meeting minimum lot sizes. Except as set forth in subsection I. (1) of this section, in district in which single -famil dwellin•s are permitted, an lot of record existing at the time of the adoption of this Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973 Ordinance, (March 24, 1971), which has an area which is less than that required by these regulations may be used as a building site for a one- family dwelling provided it is served by public water and sewer and provided that all front, side and rear yard requirements are met. (3) Article V Section A (3) 3.. R -T Residential Tourist District In a Residential Tourist District, land may be used and buildings or structures may be erected, altered or used for the a. Uses permitted in R -2 Residence District. b. Apartment houses and condominums exceeding four (4) units. c. Motels, apartment houses, and condominums exceeding four (4) units per lot subject to an approved site development plan. The site development plan shall include, but not be limited to the foilowing e (1). The location, size and other pertinent data of all land uses on the site including types, location and height of buildings, parking; open areas and landscaping, and (2) Dimensioned setback lines from property lines and street right -of -way lines, and Text-Amendment to Zoning Ordinance -: Regular Council Meeting December 19, 1973 .(3) Adjacent thoroughfares and all curb cuts within 500 feet, including -- 1. Proposed new cut(s) onto public rights -of way with turning radii, and width, and 2 Dimensions of all rights -of -way, and (4) Drainage plan to conform with City Engineering Department Standards, and (5) Location of all utilities, and (6) Tabulated data including at least -- (a) Gross density of dwelling units. (b) Parking ratio per dwelling unit.. (c) Per cent and amount of land coverage by use, and (d) Per cent and amount of floor area by use and by type. (7) Topographical map showing existing and proposed contours and natural features. (8) The Planning Commission may require elevations or other engineering or architectural drawings covering the proposed development. Motels ma include dining rooms, cocktail lounges, and other accessory uses normally provided within the main buildings, pro- vided that no motel be constructed with less than sixty (60) units, and provided that no motel shall be constructed nearer than fifty (50) feet to any adjacent property line. Where required by the Text Amendment to Zoning Ordinance- Regular Council Meeting December 19, 1973 1 II Planning Commission, fences, walls, or a year -round planted screen shall be provided for the protection of the adjacent property owners. All uses authorized within this subsection (Section 3c) shall be permitted provided that public hearing first be held on an application of petition for such use or uses after notice thereof, the erection of a sign on the affected property, and the newspaper public notice, be first given as is now required in the procedure on an appeal from decision from the Board of Zoning Appeals, as set forth in Article VI, Section B, and the subsections thereunder within this Zoning Ordinance. Text Amendment to Zoning Ordinance- Regular Council Meeting December 19, 1973 :(4)• Article V, Paragraph 11 Repeal the following: 11. Schedule of Residential District Dimensional. Requirements Zone One- Family, R -1 R-2 Minimum Yard Requirement 1/ 2/ 3/ Two - Family Multi- Family Front Rear Each Side 12,000 sq. ft. 4,500 sq ft R -T 7,000 sg. ft -0- 9,000 sq. ft. 8,000 sq ft -0- 35 35 15 -0- 20 10 10 add for each addi- tional unit over two 30 25 10 Efficiency Apt - 1,500 sq. ft l Br Apt - 2,000 sq. ft. 2 Br Apt- 2,500 sq ft. 3 Br Apt- 3,000 sq ft. 1/ The Board of Zoning Appeals shall have the power to increase or decrease the foregoing lot area per apartment unit by twenty (20) per cent upon Considering light and air space, character of neighborhood and health and welfare of the tenants. 2/ Where a rear yard abuts a side yard of an adjacent lot, add one (1) foot . to the rear for each one (1) foot above thirty -five (35) feet in height. 3/ Add one (1) foot to the side yard for each one (1) foot above thirty-five (35) in height. Text Amendment to Zoning Ordinance Regular Council Meeting December 19, 1973 IIEnact the following: 11. Schedule of Residential District Dimensional Requirements Zone One - Family Lot Area Two - Family Low Area Minimum Yard Requirements 1/ 2/ 3/ .. Multi - Family Front -Rear Each Side Lot Area Maj -Minor Sts. R--1 12,000 sq.ft. -0- R -2 4,500 sq.ft. 6,750 sq.ft. R -T -0- -0- 35 30 35 30 7,000 sq.ft. 8,000 sq.ft. Add for each additional unit over two 35 30 Efficiency Unit - 1 Br Unit - ,2,000 2 Br Unit - 2,500 3 Br Unit - 3,000 1,500 sq.ft. sq.ft. sq.ft. sq.ft. 35 15 10. 10 25 10. 1/: The Board of Zoning Appeals shall have the power to increase or decrease the foregoing lot area per apartment unit by twenty (20) per cent upon considering light and air space, character of neighborhood and health and welfare of the tenants. 2/ Where a rear yard abuts a side yard of an adjacent lot, add one (1) foot to the rear for each one (1) foot above thirty -five (35). feet in height. 3/ Add one (1) foot to the side yard for each one (1) foot above thirty -five (35) feet in height. Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973 (5) Article V Section C.2. Application for Amendment a. General: Application for amendment of these regulations may be in the form of proposals for amendment of the Text of these regulations or proposals for amendment of the zoning map. However no such amendment shall result in the division of a single lot or parcel into two or more zoning district classifications. Applications for amendment shall be submitted to the City Council of Savannah Beach, in triplicate, on the Zoning Amendment Application Form Note: Underscored passages indicate recommended changes from the language of the present ordinance. Because of the introduction of the words "Major Street" and "Minor Street: in Article V, Paragraph 11 the following amendment is recommended. Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973