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HomeMy Public PortalAbout19760302CCMeeting1 Savannah Beach, Georgia March 2, 1976 A Regular Legal Meeting of Savannah Beach City Council was held at 12 :00 noon in the Rebel Room of Johnny Gannem's Restaurant following a luncheon and a brief discussion of the present statue of our Sand Dune Regulations. The meeting was presided over by Mayor Counihan and a quorum of the following Councilmen was present: Bob Davenport, Joe Agnew, John Wylly, Ed Fahey, Richard DeLoach and Jim Bond. City Attorney Bill Pinson was also present; together with Mr. Franklin Burnsed, Building Inspector, and Earl Anderson, Former Zoning Administrator. Others present at the meeting included Mr. Jim Tally and Lillian Dean of the Department of Natural Resources, Mr. Hans Neuhauser of the Georgia Conservancy, Mr. Gordon Carruth of the Metropolitan Planning. Commission, Mr. John Powers of the Chatham County Commission and Mr. Kelly Mimms and Charles Debele of the Corps of Engineers. Following the luncheon the business meeting was formally opened by Mayor Counihan. He then requested the Clerk to state the reasons for which the meeting was called. The Clerk stated that the meeting had been called at the request of the Department of Natural Resources for the purpose of deter- mining the future directions of our efforts to establish a new Dune Protection Line and Ordinance. He stated that we must also decide what interim action will be necessary for us to take prior to the enactment of a new Ordinance. Plans for this study, survey and funding must also be made, he stated. Following the reading of the purpose for which the meeting was called, Mayor Counihan called on Mr. Jim Tally for his over- view of the entire situation. This was followed by comments from Mrs. Lillian Dean who also hand delivered the following letter from Lowell Evjen, Acting Director of Office of Planning and Budget. LETTER FROM LOWELL EVJEN Following the reading of this letter a rough draft of a proposed interim ordinance which was prepared by Mrs. Dean and read by her. After a discussion there were a few changes made in the wording of this Interim Ordinance. A motion was then made by 17 18 -2- Councilman Fahey that this Ordinance be adopted as amended. The motion was seconded by Councilman Wylly and unanimously carried. INTERIM SAND DUNE ORDINANCE Following the adoption of this Ordinance a discussion was had setting up a meeting with Dr. Oertell to begin plans and a study for a new dune line to be incorporated in the permanent Sand Dune Ordinance. In this discussion it was brought out that approximately $1,100.00 of this money was available from the Office of Planning and Budget and the remainder could come from the salaries of the Attorney, Clerk and Building Inspector used as matching funds. There being no further business the meeting was adjourned to the next regular or special called meeting. Mayor Clerk of Council Mffiuu of Planning zniti Put let FxecntiVe !epurtment March 2, 1976 Honorable M. J. Counihan Mayor, City of Savannah Beach P. O. Box 128 Savannah Beach, Georgia 31328 James T. McIntyre, Jr. Director Dear Mayor Counihan: The purpose of this letter is to inform you that your request for finding assistance through the Coastal Zone Management Program has been reviewed by my Office and that the availability of such funds looks reasonably good at this time. Your City's efforts to adopt a technically sound, effective dune protection ordinance are consistent with Coastal Zone Management objectives and are to be commended. Before a final commitment can be made, however, contracts will need to be arranged containing the following provisions: 1. Currently adopted dune protection ordinances will be amended if technical studies point out the need for such modifications. 2. The City of Savannah Beach will coordinate future amendments to its dune protection ordinance with the Department of Natural Resources. 3. The City of Savannah Beach will provide in -kind match equal to one half the assistance provided by Coastal Zone Management. Jim Hindes of my staff will be in contact with you soon for further discussions on this matter. LE:jhb Sincerely, de/Well Lowell Evjen Acting Director Planning Division 270 glashingtan St_, S. xn. • Atluntn, (Seargia 36334 1 SHORE PROTECTION ORDINANCE CITY OF SAVANNAH BEACH SECTION 101. Title. This Ordinance shall be and is referred to as the "Shore Protection Ordinance of Savannah Beach." SECTION 102. Intent of the Ordinance. It is the intent of this Ordinance to protect the health, safety, and welfare of the people of Savannah Beach by affording some degree of protection from tides and high water, storm surges, winds, and erosion; to in- sure that development within the Shore Protection Area occurs without adversely affecting the existence, future or natural function of the beach and dune areas; and to insure that development within the Dune Protection Area occurs without subjecting property adjacent and further inland to additional danger from the action of wind and water. SECTION 103. Definitions. A. Ordinance - This shall mean the Shore Protec- tion Ordinance of Savannah Beach. B. Shore Protection Line - A line seaward of which land and plants are protected under provisions of the Shore Protection Ordinance. Factors to be considered in determining the location of the line shall include hydro - graphy, currents, wave exposure, dune formations, beach profiles, and artificial beach erosion control measures. These factors are evidenced by shore erosion patterns and dune formations, and help to indicate the ability of the beach and sand dune to protect the health and safety of residents and property. In the portion of the beach included in the Federal Beach Erosion Control Project: 1. The Shore Protection Line shall, in general, be located forty (40) feet landward of the crest of the first dune landward of the seawall, however, in no case shall it be closer than forty (40) feet nor more distant than one - hundred and twenty (120) feet landward of the seawall. 1 1 1 Where there are no dunes, the Shore Protection Line shall be located fifty (50) feet landward of the seawall north of 10th Street and forty (40) feet landward of the seawall south of 10th Street. In the portion of the beach not included in the Federal Beach Erosion Control Project: 1. The Shore Protection Line shall be located forty (40) feet landward of the crest of the most seaward stable dune or dune ridge. 2. Where there are no dunes, the location of the Shore Protection Line shall be based upon a study of beach and offshore sandbar characteristics, and the history of shore erosion. C. Shore Protection Area - The area seaward of the Shore Protection Line in which land and plants are pro- tected under provisions of the Shore Protection Ordinance. D. Federal Beach Erosion Control Project - The Federal Beach Erosion Control Project is that frontage along the Atlantic Ocean between the groin on the north end of Tybee Island and the extension of 19th Street, as indicated on the Official Dune Protection Map. SECTION 104. Establishment of Shore Protection Line. The Shore Protection Line shall be shown on the of- ficial Shore Protection Map. SECTION 105. Reassessment of Shore Protection Line. The Mayor and City Council of Savannah Beach Shall reassess the location of the Shore Protection Line no less frequently than once every five (5) years. SECTION 106. Beach, Dune, or Vegetation Disturbance. It shall be unlawful for any person, firm, or cor- poration in any manner to damage, destroy, remove, or alter in any way the beach, dunes, or vegetation thereon in the Shore Protection Area without first having ob- tained a permit from the Savannah Beach City Council. page 2. 1 1 1 SECTION 107. Criteria for Granting Beach, Dune or Vegetation Disturbance Permit. A. Effect on Protective Function of Shore. - No permit shall be granted unless the applicant shall have sufficient proof for the Savannah Beach City Council that the proposed structure or activity will not materi- ally weaken sand dunes, including their vegetation, or reduce the effectiveness of the beach and dunes as a means of protection from the effects of high wind and water. Findings of_ the ,Savannah Beach City Council shall be kept as public record and filed with the application. B. Restricted Uses. - Under no circumstances shall construction or development other than authorized and per- mitted dune cross -walks or other structures necessary for the health, safety, and welfare of the people of Savannah Beach be allowed seaward of a line eighteen (18) feet landward of the seawall. C. Conformance with Zoning and other Ordinances. - Only uses allowed in the respective zoning districts es- tablished by the Savannah Beach Zoning Ordinance, shall be considered for a shore, dune, or vegetation distur- bance permit. All other laws, rules, and ordinances in effect shall also apply to the Shore Protection Area. SECTION 108. Permit Requirements in Dune Protection Area. All uses or improvements proposed for the Shore Pro- tection Area shall require a permit from the Savannah Beach City Council. Permit applications, shall be accompanied by site plan(s) and all other appropriate data required to indicate to the Savannah Beach City Council that the particular improvements proposed will not weaken the pro- tective functions of the beach, sand dunes, or vegetation thereon. SECTION 109. - Posting of Notice. Within five (5) days after the submission of a com- pleted application by the City Council, notice shall be posted at the site where the activity in the Shore Pro- tection Area is proposed. SECTION 110. Nonconforming Uses. page 3. 1 Any lawful use of land or building existing on the effective date of this ordinance or on the effective date of any subsequent amendment thereto located within the Shore Protection Area is hereby declared to be a noncon- forming use. A nonconforming use of building, structure or land may be continued with the following limitations: A. Extension of Use. - It shall not be extended to occupy a greater area of land or space seaward of the Shore Protection Line. B. Vacant Use. - A tract or structure of land which has housed a nonconforming use after it has remained vacant for a period of twelve (12) months. C. Damaged Use. - A building or structure which housed or houses a nonconforming use shall not be reoccupied by a nonconforming use after it has been damaged to the ex- tent of seventy -five (75) percent or more of the total tax value; provided, however, if a structure is not intention- ally damaged or destroyed by the owner or occupant, then the owner may reconstruct or repair the structure to a com- parable status, provided further that the structure does not occupy more land or space than the original structure and that construction is begun within twelve (12) months after the structure is destroyed or damaged. SECTION 111. -Exemptions. The provisions of this Ordinance shall not apply to recreational activities such as swimming, sunbathing and picnicking. SECTION 112. Referral to Planning Commission. Within five (5) days after receipt of a completed application the Building Official shall transmit one (1) copy thereof to the Savannah Beach Planning Commission for its review and recommendation. Within the same period of time, the Building Official shall transmit one (1) copy to the Georgia Department of Natural Resources for review and recommendation. The Planning Commission shall have thrity (30) days to submit its report to the Mayor and Council. If the Planning Commission fails to submit a report within a thirty (30) day period, it shall be deemed to have recommended the requested beach, dune or vegetation disturbance permit for approval. page 4. 1 SECTION 113. Public Hearings. A. Public Hearing Requests. - Within twenty (20) days following the receipt of a completed permit appli- cation by the Planning Commission, any interested party may request a public hearing. Such hearings shall be held prior to the final review of the permit request by the City Council. B. Hearing Called. - Once a request for public hearing has been made, the Mayor and Council shall hold a public hearing thereon after giving at least fifteen (15) days notice of the time and place in a newspaper of general circulation within Savannah. Beach. Such notice shall state the application number,_ and shall contain a summary of the proposed application, the location of the property, its area, and name of owner. C. Notice to Interested Parties. A notice of the date, time and place of the hearing shall be sent to the applicant and the Planning Commission. All application files which are a subject of the hearing shall be placed in the custody of the Building Official and shall be open to public inspection during regular office hours. SECTION 114. Referral to City Council Following any necessary public hearings, and a review of the permit request by the Planning Commission, the ap- plication shall be submitted to the Savannah Beach City Council for final consideration. SECTION 115. Appeal Procedures. Any person who is aggrieved or adversely affected by any permit granted or denied under provisions of this Ordinance, or any person who alleges that a permit has been issued in violation of provisions of the Ordinance, shall, upon petition, have a right to a hearing as set forth below: A. Local Hearing Board. - The Mayor and Council shall appoint an appeals board consisting of three (3) members to review any decisions of City Council appealed in accordance with the provisions of this Ordinance. page 5. 1 1 The term of office for each member shall be for three (3) years, however, in order_that not more than one term shall expire upon the.same date, the term of the initial members shall be for a period.of one, two and three years respectively so that the members shall serve overlapping terms. Any vacancy in the membership shall be filled for the unexpired term in the manner as the initial ap- pointment. The local hearing board members shall only be removable for cause_by the Mayor and Council upon written charges and after public hearing. The Mayor and Council shall determine the amount of compensation, if any, to be paid to the hearing members. None of the hearing members shall hold any other public office or be an employee of the City, except that one member may be also a member of the Planning Commission. The hearing officers shall be residents of the City of Savannah Beach. Any member of the board shall be disqualified to act upon a matter before the board with respect to pro- perty in which the member has an interest. The board shall elect one of its members as chairman, who shall serve for . one year or until he is reelected or his successor is elected. Appeals to the local.appeals board shall be file with said appeals board within thirty (30) days of the issuance or denial of a permit by the City Council, specifying the grounds for the appeal. Within five (5) days of an ap- peal being filed, the City Council shall transmit to the hearing board all the papers and other data constituting the record upon which the action appealed from was taken. The hearing board shall have a reasonable time to review the material and hold a hearing on the appeal; however, said hearing shall beheld within thirty (30) days of receiving written notice of said appeal. Upon receipt of such petition for an appeal, the hearing board chair- man shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hear- ing the petitioner shall be given an opportunity to be heard and to show why the decision of the hearing officer, and together with a copy of every notice and order re- lated thereto shall be entered as a matter of public re- cord in the office of the City Building Official. SECTION 116. Other Remedies Whenever, in the judgment of the City Council or any interested citizen, any person is engaged in an activity in violation of this Ordinance, the City Council or any interested citizen may make application to the Superior page 6. 1 1 1 Court for an order enjoining such action or practice, or an order enforcing compliance with this Ordinance. Upon a showing by City Council or any interested citizen that such a person had engaged in or is about to engage in such activity, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law. SECTION 117. Procedures for Amending the Shore Protec- tion Ordinance. A. General Conditions - This Ordinance, including the Shore Protection Map, may be amended by the City Council of Savannah on their own motion, on petition, or on recom- mendation 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 Com- mission for review and recommendation to the City Council. Said Amendment shall also be submitted to the Georgia Department of Natural Resources for review and recom- mendation. B. Referral to Planning Commission - The Planning Commission shall submit its report within thirty (30) days after receiving an amendment proposal from the City Council of Savannah Beach for approval. Otherwise, said amendment shall be deemed approved by the Planning Commission. SECTION 118. Procedures for Repealing Shore Protection Ordinance. All of the procedures listed in Section 115, proce- dures for amending the Shore Protection Ordinance, shall apply if a request for a repeal of the Ordinance is received. SECTION 119. - Penalties. If any building or structure is erected, constructed, reconstructed, altered, repaired, moved, converted, or maintained in violation of this Ordinance, or any build- ing, structure, land, or vegetation is used or disturbed in violation of this Ordinance the offender, upon convic- tion shall be subject to a fine not to exceed TWO HUNDRED DOLLARS ($200.00), by sentence of imprisonment not exceed- ing two (2), months, and to work on the streets or public works for a period not exceeding sixty (60) days, any or all such penalties in the discretion of the Judge, Recorder's page 7. 1 1 1 Court, Savannah Beach, Tybee Island, Georgia. Each and every day a violation continues shall be deemed a separate offense and the violator shall be served with a citation for each day the violation continues. SECTION 120. Severability. If any section, clause, provision, or portion of these regulations shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, said holding shall not affect any other section, clause, or portion of these regulations which is not itself declared by a Court of competent jurisdiction to be invalid or unconstitutional. SECTION 121. Conflicts and Repeal 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 goven. Where any other ordinance, rules regulations or permits, or easements, require 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. All existing or- dinances or parts of ordinances or maps which are in con- flict with this Ordinance are hereby repealed. SECTION 122. Code of Ordinances. It is the intention of the governing body, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia, and the sections of this Ordinance may be renumbered to accomplish such in- tention. This Ordinance shall be in full force and effect im- mediately upon its adoption. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. page 8. 1 1 ENACTED IN OPEN COUNCIL this the day of ATTEST: , 1976. CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA BY: City Clerk First Reading; Second Reading Enacted Mayor