HomeMy Public PortalAbout19731219CCMeeting1
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Savannah Beach, Georgia
December 19, 1973
The regular monthly meeting of Savannah Beach City Council
was held this afternoon at 3:00 P.M. in City Hall with Mayor Allen
Hendrix presiding and a quorum consisting of the following council-
men present: Mrs. Karen Losey, Earl Anderson, Edward Jung and
Walter Parker. City Attorney Fred Clark was also present.
Following the invocation and the pledge of allegiance to the
Flag, the meeting was formally opened by Mayor Hendrix.
The Minutes of the Council meeting of November 21, 1973 were
approved as written.
Bills for the various departments for the Month of November
were approved for payment.
Councilman Parker informed council that in order for us to
comply with regulations of the Environmental Protection Agency with
reference to our grant for the project for the abatement of pollution
consisting of Spray Irrigating the treated effluent from the waste
treatment plant, it was necessary for town councio to adopt the
following Resolution accepting the grant offer and naming Mayor
Hendrix the representative of the City of Savannah Beach for all
required offered action concerning the project:
RESOLUTION
Councilman Parker then moved the adoption of the Resolution.
It was seconded by Councilman Hosti and unanimously carried.
City Attorney Fred Clark informed Council that in order to
present a Bill to the General Assembly to amend the City Charter so
as to annex within the corporate boundaries of the Municipality,
all of Tybee Island, it would be necessary for council to adopt
the following Resolution authorizing the Bill and the Referendum:
RESOLUTION
Councilman Earl Anderson moved the adoption of the Resolution.
The motion was seconded by Councilman Towns and unanimously carried.
City Attorney Fred Clark informed council that in order for
the City to assess and collect a tax on personal property used
for commercial purposes, it would be necessary for council to adopt
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a new ordinance authorizing this taxation and setting the millage
at 28 mills, the same as our real property tax millage. He stated
further that since time was of the essence, it would be expedient
to adopt this Ordinance on first and second reading at this council
meeting by unanimous consent of all councilmen present. Councilman
Jung then moved the adoption of this ordinance, by unanimous
consent, on first and second reading at this meeting. The motion
was seconded by Councilman Parker and unanimously carried on
first and second reading at this meeting by unanimous consent of
all councilmen present.
ORDINANCE
Mayor Hendrix informed council and those in attendance,
that we would be holding the public hearing at this meeting for
our five- poiint zoning change as well as the map amendment in the
Bay Street area - R -1 to R -T. Also, he said, the five zoning
ordinance amendments would be voted on at this meeting but that
the proposed zoning map change in the Bay Street area would not
be voted on until next Wednesday evening at 8:00 P.M. He then
called upon Councilman Earl Anderson to explain each of the five
proposed zoning ordinance amendments.
Councilman Anderson then briefly outlined the proposed
changes as follows:
(1) To amend Article III, Section B, Specific Definitions, to define
major streets and minor streets.
(2) Article IV. Section F. REDUCTION IN LOT AREA. To prohibit
reduction in lot area of those lots less than the minimum area
required under the present ordinance, except lots of record as
or March 24, 1971 which may be reduced in area with provisions
established. Article IV - Section I, Substandard Lots of Record.
To provide that any lot of record existing at the time of the
adoption of the present Ordinance, March 24, 1971, which has
a lot area which is less than that required by the Ordinance,
shall be subject to certain established exceptions and modifications
dealing with single ownership of adjoining lots and single lots
not meeting minimum lot sizes being permissible for one - family
with provisions established.
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(3) Article V , Section A(3). R -T Residential Tourist District
amended to provide motels, apartment houses and condomininiums
exceeding four units per lot shall be subject to an approved
site development plan with specifications set out
(4) ARTICLE V, Paragraph 11, to repeal the Schedule of Residential
District Dimensional requirements and enace in lieu thereof
a new Schedule of REsidential District Dimensional Requirements
to reduce the requirements for two - family lot areas and distinguish the
requirements between lots on major and minor streets.
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(5) Article V, Section C -2, Application for Amendment shall be
amended so that no such amendment shall result in the difision of
a single lot or parcel into two or more zoning district classifications_
Mayor Hendrix then opened the meeting for questions and
answers and other comments by those in attendance.
Councilman Anderson stated that the City was not out to
crucify anyone or cause any disturbance, we were merely trying to
do what we feel is best for everyone concerned. He stated that he
had heard a lot of arguments pro and con and some were good
arguments and some of these changes were based on these arguments.
Mayor Hendrix stated that we do have an over -all plan for Tybee
coming up that would automatically take care of some of these
things but that was still some eight months to a year away and we
need relief now, he said.
When all discussion was completed on the proposed text
amendments, Councilman Anderson moved that we adopt the text
amendments as read which were recommended by Savannah Beach Planning
Commission and the Metropolitan Planning Commission. The motion was
seconded by Councilman Parker and unanimously carried.
TEXT AMENDMENT TO ZONING ORDINANCE
Mayor Hendrix then opened the hearing on the proposed re- zoning
of an area in the vicinity of Daniels and Bay Streets, from R-1 (Single.
Family Residential) TO R -T (Residential - Tourist) Councilman Earl
Anderson pin - pointed the exact location of the area, stating that
it was located in a predominantly undeveloped residential area. He
also stated that three single family dwellings were located directly
south of Bay Street from the property in question and that the
property to the east and west of the site was vacant and the South
Channel of the Savannah River is situated to the north of the property.
Next Mr. Mitchell Dunn, one of the owners of the property
in question and representative of the other owners, introduced Mr.
Jerry Lominack, architect for the project who gave a detailed
description of the property, site and construction. He stated that
the project would comply with both the new Sand Dune Ordinance and
the Corps of Engineers Flood Plains Study. He stated also that
there would be 24 units on the site in 6 buildings - 4 units to a
: building. Parking is being provided for approximately 211 cars per
unit, he stated. Mr. Lominack then answered questions from some of
those in the audience.
Mr. Joe Agnew, resident of the area in question, then read
the following petition protesting the zoning change:
We, the undersigned, do hereby protest the proposed zoning amendment for
Bay Ward, Savannah Beach, Georgia from its present Zoning R -1, Single
Family Residential to R -T Residential- Tourist Apartment Houses (4 unit),
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Motels with. Dining Room, Cocktail Lounge and other accessory uses and
normally provided within the main building provided that no motel be
constructed with less than 60 units and provided that no motel shall be
constructed nearer than 50 feet from any adjacent property line.
Mr. Agnew stated that the petition had approximately 100
names on it He presented the petition to the Mayor and council.
After everyone had spoken who desired to speak, Mayor
Hendrix then closed the public hearing section of the meeting.
There being no further business, the regular meeting was
adjourned to the next regular or special called meeting.
Clerk of Council
MAYOR
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RESOLUTION
WHEREAS, the City of Savannah Beach proposes to construct a project
for the abatement of pollution, consisting of Spray Irrigating the treated
effluent from the waste treatment plant, and whereas the proposed project
may be eligible for State or Federal assistance:
NOW THEREFORE, be it resolved by the Mayor and Council of the
City of Savannah Beach to make an Application to the Environmental
Protection Agency for a Grant and to accept the offer of the Agency, if
tendered, and to comply with all requirements of said offer. Be it furthered
resolved that William Allen Hendrix, Mayor will be the representative of
the City of Savannah Beach for all required offered actions concerning the
proposed project. Read and passed by a quorum of the City Council this
day of , 1973.
ATTEST:
Clerk
Mayor and Council of the
City of Savannah Beach, Georgia
•
Mayor
RESOLUTION
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF
SAVANNAH BEACH, TYBEE ISLAND, GEORGIA,: IN COUNCIL
DULY ASSEMBLED AT THE REGULAR MONTHLY MEETING HELD
ON DECEMBER 19, 1973, AND IT'IS HEREBY RESOLVED UNDER
THE AUTHORITY OF THE FOREGOING
WHEREAS, there has been expressed to the members of
council and the Mayor of the Municipality by citizens within.
the Municipality, as well as citizens of Tybee Island within,
the area beyond the boundary limits of the Municipality, that
the City amend its Charter so as to annex within the corporate
boundaries of the Municipality, all of the land within the entire
island known-as Tybee Island; and
WHEREAS,.the Mayor and Councilmen of the Town of
Savannah Beach,, Tybee Island, . are desirous of permitting the
citizens, both within the current corporate limits of the
Municipality, as well as those within the area proposed to be
annexed, to express their preference as to proposing such an
amendment to the Charter of the Municipality at the next
regular session'of the General Assembly of Georgia; and
WHEREAS, the Mayor and Councilmen of the City of
Savannah Beach, Tybee Island, Georgia are desirous of
ascertaining the opinions of those citizens who are residents
of Tybee Island within the area beyond the current boundary
limits of the Municipality as to such proposed annexation of
the remaining portion of Tybee Island so that the Charter of
the Municipality shall be amended accordingly at the 1974
session of the General Assembly of Georgia; and
WHEREAS, the Mayor and Councilmen feel that all
available citizens who are residents of said area should be-
polled and peitiois circulated so as to ascertain the prefer-
ence of said citizens who will be so affected by annexation
within-the proposed area to be annexed, and-that such annex-
ation within.the proposed area to be annexed, and that such
expressions of opinion and preference.should. then be communi-
cated%to the members of the General Assembly from Chatham
County together with such proposed Charter amendement of
annexation; and
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WHEREAS, the Mayor and:Councilmen of the Municipality
feel that the persons qualified to so express an opinion should
be those persons who are citizens and residents over the age of
eighteen years who reside within such area to be annexed, and
if a majority of such citizens and residents shall. express an
opinion in favor of annexation at the 1974 session of the
General Assembly of Georgia; but if a majority of such citizens
and residents shall express an opinion against annexation, then
this Resolution of proposed annexation shall be void, of no
force and effect, and such proposed area shall not be proposed
for annexation; and
WHEREAS, the Mayor and Councilmen feel that in the
event said proposal for annexation is approved by a majority .
of the citizens and residents within such proposed area, and
said proposal is subsequently approved by the °General Assembly
as an amendment to the Charter of the City of Savannah Beach,
Tybee Island, Georgia, no real or personal property. located
within the area to be annexed shall be subject to taxation by
the Mayor and Councilmen of the City of Savannah Beach, Tybee
Island, Georgia, except on the following. basis: When fire
protection and police protection have been furnished to a
property owner, said property owner may be taxed to the extent
of thirty -three and one -third (33 -1 /3rd%) per cent to the normal
tax. When garbage disposal has been furnished, an additional
thirty -three and one -third (33 -1 /3rd%) per cent of the normal
tax may be collected. When water service has been furnished,
an additional sixteen and sixty -six one hundredths (16- 66/100%)
per cent of the normal tax may be collected-. When sewerage,..
service has been furnished, the remaining sixteen and sixty-
seven one hundredths 16- 67/100%) per cent of the normal tax
may be collected; and
WHEREAS, the Mayor and Councilmen feel further that
no business or person doing business within the area to be
annexed .by virtue of enactment into law of this proposal shall
be required to pay City Business or Occupational Tax or License
during the whole or portion of the fiscal year of the Munici-
pality immediately .follwing such proposal being enacted into
law, provided that such business or person doing business shall
pay or shall have paid the proper business or occupational
license or tax to Chatham County..
NOW THEREFORE, BE IT RESOLVED and it is hereby resolved .
by the authority of the foregoing as follows:
1. That the City amend its Charter so as to annex
within the corporate boundaries of the Municipality all of the
land within the entire island known as Tybee Island.
2: That the citizens and residents within the area
proposed to be annexed be allowed to express their preference
either in favor of such annexation or against such annexation.
3. That in the event a majority.of the citizens and
residents of such area proposed to be annexed express their.
preference in favor of annexation, then the Mayor and Council-
men shall propose an amendment to the Charter of the Munici-
pality to the 1974 session of the General Assembly of Georgia
requesting the members of the General Assembly from Chatham
County to include all of the land and territory within Tybee
Island to be the corporate limits of the Municipality; and
in the event that a majority of the citizens and residents
within said area to be annexed should express their preference
against annexation, then such proposal shall be void, of no
force and effect, and said area shall not be proposed for
annexation to,the Municipality.
4. That in the event that said proposal for annexa-
tion is approved by a majority of the citizens and residents
within such proposed area, and said proposal is subsequently
approved by the General Assembly as an amendment to the Charter
of the City of Savannah Beach, Tybee Island, Georgia, no real
or personal property located within the area to be annexed'
shall be subject to taxation by the Mayor and Councilmen of
the City of Savannah Beach, Tybee Island, Georgia, except on
the following basis: When fire protection and police protec-
tion have been furnished to a property owner, said property
owner may . be taxed to the extent of thirty -three and one -third
(33-1 /3rd %) per of the normal tax. When garbage disposal
has been furnished, an additional thirty -three and one - third
(33 -1 /3rd %).per cent of the normal tax may be collected.
When' .water service has been furnished, an additional sixteen
and sixty -six one hundredths (16- 66/100 %) per cent of the
normal tax may be collected. When sewerage service has been
furnished, an additional sixteen and sixty -seven one hundredths
(16- 67/100 %) per cent of the normal tax may be collected.'
5. That no business or person doing business within
the area to be annexed by virtue of enactment into law of this
proposal shall be required to pay City Business or Occupational
Tax or License during the whole or portion of the fiscal year
of the Municipality immediately following such proposal being
enacted into law, provided that such business or person doing
business shall pay or shall have paid the proper business or
occupational license or tax to Chatham County.
The within Resolution is hereby adopted and approved
this 19th day of December, 1973.
CITY OF SAVANNAH BEACH,
TYBEE ISLAND,. GEORGIA
By
Attest:
(SEAL)
Mayo
of Council
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AN ORDINANCE
TO PROVIDE FOR THE TAXATION OF REAL AND PERSONAL
PROPERTY IN SAVANNAH BEACH, TYBEE ISLAND, GEORGIA,
FOR THE FISCAL YEAR COMMENCING MAY 1, 1973,
AND FOR EACH FISCAL YEAR THEREAFTER UNTIL REPEALED
OR AMENDED; AND FOR OTHER PURPOSES
SECTION I: BE IT ORDAINED by the Mayor and Council-
men of the City of Savannah Beach, Tybee Island, in council
assembled, and it is hereby ordained by the authority of the
same, that the rate of taxation upon real estate and business
personal property within the limits of said Town of Savannah
Beach, Tybee Island, for the fiscal year commencing May 1, 1973,
and for each fiscal year thereafter until repealed or amended,
shall be 2.8% upon the assessed or returned value of same,
bearing p`0% of true market value, of real estate improvements
to be ascertained from the returns of the Committee on Assess-
ments of said Moor and Councilmen, and the valuation of business
personal property to be ascertained from the returns of the
owners thereof in pursuance of the applicable laws and ordinances
providing for the assessment and valuing of taxable property in
the Town of Savannah Beach, Tybee Island, Georgia, and to carry
into effect the provisions of the Act of the General Assembly
of the State of Georgia approved August 19, 1922, Section 21,
as amended; and it is further ordained that?if. any person or
persons shall refuse to pay the taxes hereinable set,forth,
within thirty (30) days after same shall become due, the Clerk
of Council, as Ex- Officio Treasurer of the Town, shall issue
execution therefor, and the further sum of $1,00 for costs,
and the Chief of Police and Ex- Officio Tax Collector shall pro-
ceed with such execution in the same manner as now provided by
law in such cases of execution lodged with the. Sheriff of Chatham
County.
SECTION II: Any tax upon real property assessed and due
shall be payable in semi - annual payments; the first half being due
and payable on or before May 1st of each year; the second half
shall be due and payable on or before November 1st of each year.
In the event that any tax is not paid when the same is payable,
the outstanding amount shall be immediately executed, the fee for
execution being $1.00, and in addition thereto an interest charge
of one -half (1/2) of one (1 %) per cent per month shall be assessed.
The provisions of this Section shall not apply to licenses for
doing business in said Town, said licenses being covered under
separate ordinance. The provisions of this Section shall apply,
however, to those persons or companies required by the provisions
of Section 92 -5902 of the Code of Georgia to make returns to the
Comptroller General of Georgia.
SECTION III: This ordinance shall continue in effect
for each and every fiscalyear hereafter unless and until repealed
or changed by ordinance.
SECTION IV: All ordinances or parts or ordinances con-
flicting with the provisions of this ordinance are hereby repealed;
provided, however, that so much and such parts of ordinances
passed, as provide for the execution of tax assessments, or part
thereof, shall continue and remain in force so as to authorize
the Clerk of Council and Ex- Officio Treasurer to issue executions,
and the Chief of Police and Ex- Officio Tax Collector to collect
same until said taxes or assessments shall be fully paid.
(_4/N-AwIt
MAYOR CLERK OF COUNCIL.
%2_I9 -73
(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
Pa gular Council Meeting December 19, 1973
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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
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(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 - family dwellings are permitted, any lot
of record existing at the time of the adoption of this
Text Amendment to Zoning Ordinance -
Regular Council Meeting December 19, 1973
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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 following:
(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
1
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(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 develo ment.
Motels may include dining rooms, cocktail lounges, and other
accessory uses normally provided within the main buildings, pro-
vided that no motel be constructed with less than sixty (60) units,
and provided that no motel shall be constructed nearer than fifty
(50) feet to any adjacent property line. Where required by the
Text Amendment to Zoning Ordinance -
Regular Council Meeting December 19, 1973
1
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
II(4) Article V, Paragraph 11
Repeal the following:
11. Schedule of Residential District Dimensional Requirements
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Minimum Yard Requirements'
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Zone One - Family Two - Family Multi - Family Front Rear Each Side
R -1 12,000 sq. ft. -0- -0- 35 35 15
R -2 4,500 sq ft 9,000 sq. ft. -0- 20 10 10
R -T 7,000 sq. ft 8,000 sq ft add for each addi-
tional unit over
two 30 25 10
Efficiency Apt - 1,500 sq. ft
1BrApt - 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
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Enact the following:
11. Schedule of Residential District Dimensional Requirements
Zone
One - Family
Lot Area
Two - Family
Low Area
1/
Multi- Family
Lot Area
Minimum
Front
Maj -Minor
Yard Requirements
2/ 3/
Rear Each Side
Sts.
R -1 12,000 sq.ft.
-0- -0-
R -2 4,500 sq.ft. 6,750 sq.ft.
R -T
-0-
35 30
35 30
7,000 sq.ft. 8,000 sq.ft. Add for each
additional unit
over two 35 30
Efficiency Unit - 1,500 sq.ft.
1 Br Unit - 2,000 sq.ft.
2 Br Unit - 2,500 sq.ft.
3 Br Unit - 3,000 sq.ft.
35 15
10, 19
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
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(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