HomeMy Public PortalAbout19710324CCMeeting53
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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.
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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.
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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.
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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.
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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
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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
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MAYOR
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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.
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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
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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.
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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.
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(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
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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.
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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
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AMENDMENT TO ORDINANCE
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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(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.
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(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.
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(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
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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
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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
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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.
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(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.
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(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.
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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.
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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
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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:
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(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
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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.
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(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.
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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.
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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
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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.
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(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,
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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(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
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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