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Home My Public Portal About19760614CCMeeting1 1 Savannah Beach, Georgia June 14, 1976 The Regular Monthly Meeting of Savannah Beach City Council was held this evening at 7:00 P.M. with Mayor Michael J. Counihan presiding and a quorum consisting of the following Councilmen present: Edward J. Fahey, Joseph Agnew, Jim Bond, Richard DeLoach and John Wylly. Councilman deBorde was absent. City Attorney William H. Pinson was also present. Mrs. Lee Berry appeared before Council questioning whether anything had been done on the zoning of the Tybee Marina. Councilman Fahey stated that nothing had been settled at this time. The City Clerk explained to Council that there were several people present on the rezoning of "The Tank" property. He suggested that Attorney Clark Smith, representing Charles Masterpolis, Allen Hendrix and Mr. Ross on the rezoning request, address Council first and then each of the visitors will be allowed to speak. At this time, Attorney Clark Smith appeared before Council with a brief explanation of the planned use of the property and reasons for the request to rezone from residential to commercial. He explained that there would be provisions for offstreet parking and that the construction of the restaurant would increase the property value greatly. He asked the Council to take into considera- tion the men who are requesting the rezoning. At that time, Mr. Smith introduced Mr. Charles Masterpolis, the owner of the property, who stated he explained to Mr. Ross, the planned manager of the . restaurant, that if the restaurant turned into an establishment like the Tank, it would automatically revert back to the orginal owner. Mr. Allen Hendrix stated he wanted to improve the property and make it more appealing to the public. Mr. Hendrix introduced Mr. Ross who explained to Council he plans to run a nice rest- aurant afterwhich, Attorney Clark Smith asks Council not to judge their decision on the past history of this property but consider the people who are asking for the rezoning. Several citizens appeared before Council with varied reasons for their opposition to the rezoning of this property. There were many reasons some of which were traffic, parking facilities, noice, eventual liquor license, fear of it becoming another "Tank" and the feeling there are enough eating establishments in the area already. The citizens appearing were Tom Bradley, Orange Hall, Mrs. Deats (sister representing Mrs. Frank Haney), Harold Sims, Fred Coleman, Dennis Pierce Cecil Delome, Lee Berry, Mrs. William Doyle, Mrs. William D. Powell, Rebecca Metts, Blanche Solomon, Ada Solomon Seyle, and Lucille Miller. A letter from George K. and Anna Jacobs was read by the Clerk stating their opposition. 32 -2- The Clerk read a letter from Miss Carolyn Lingenfelser submitting a bid of $1,800.00 for City owned property described as Lots 5 and 6, Block 19, Fort Ward, Property Identification Number 4- 1 -6 -1. After a short discussion by Council on the exact location of the property, Mayor Counihan asked City Attorney Pinson what action should be taken on this bid. Mr. Pinson re- commended that the City not do anything until we have an appraisal and then Council would need to consider the relationship of the property next to it. If an appraisal is done, there still should be additional bids on it. Mayor Counihan informed Miss Lingenfelser her bid would kept on file. The meeting was then opened by the Mayor for the conduct of business legally presented. The Minutes of the Meeting of May 10, 1976 were approved as written. Under Communications, the Clerk read a letter from Colonel Frank Walter, District Engineer of the Savannah District Cops of Engineers, requesting Council to adopt two items into the Shore Protection Ordinance. The letter read as follows: LETTER After the reading ..of the letter, it was decided that the letter would be taken under advisement. The next item on the agenda was the letter of Resignation of City Attorney William H. Pinson, Jr. to become effective July 1, 1976. The Clerk then read the letter as follows: LETTER OF RESIGNATION Following the reading of the letter, Councilman Agnew stated he felt Mr. Pinson had done an outstanding job and with regrets moved the resignation be accepted. The motion was seconded by Councilman Fahey and unanimously carried. Bills of the various departments of the month of May were approved for payment. Approved copies of these bills are attached to and form a part of these minutes. Mr. Earl Anderson, Zoning Administrator, asked for Councils approval on adopting into the Zoning Ordinance a description of "Home Occupation ", the Shore Protection Ordinance as well as building setbacks. Mr. Anderson explained that these items had previously been recommended for approval by the Savannah Beach Planning Commission. Councilman Richard DeLoach suggested that the recommendations read earlier in the letter from Col. Frank 1 1 1 1 1 -3- Walter to amend the Shore Protection Ordinance be adopted along with the recommendations of the Planning Commission and Zoning Administrator. After approval by City Attorney Pinson a motion was made by Councilman DeLoach.that these recommendations be adopted into the Zoning Ordinance. The motion was seconded by Councilman Fahey and unanimously carried. Councilman Fahey then asked the City Attorney if in view of what.. was just past did the zoning have to be changed in the area of the proposed City owned parking lot. Mr. Pinson answered saying that the recommendations just approved did not affect the zoning classification. All that was done was basically to exempt the parking facility from complying with that portion of the Shore Protection Ordinance that was amended into the Zoning Ordinance as not to have further problems with it but it still needed to go through the rezoning. Councilmen Fahey moved that the next step be taken, that being the advertising for a Public Hearing, in order to.get the zoning approved. The motion was seconded by Councilman Bond .and unanimously carried. 33- The next item on the agenda was a Resolution stating that due to the extensive restoration and replacement of the City's sanitary sewer system it was necessary that the City of Savannah Beach acquire certain lands owned by H. M. Dunn, Jr., J. Laurence Dunn and Audrey Dunn Rhangos and in exchange the City would quit claim certain lands owned by the City. The Mayor stated he felt Council should make further study before any action is taken. After a discussion between Councilman Wylly, who felt there was good reason to make the exchange, and the Mayor, it was decided to postpone until further study could be made. Councilman Agnew stated that due to the fact the sewer project had come to an end the services of Mr. Warren Bell, Resident Inspector, would no longer be needed. He moved that his services br terminated as of Friday, June 25, 1976. The motion was seconded b- Councilman Wylly and unanimously carried. The Clerk was instructed to inform Mr. Bell of this action. Councilman Agnew then asked Council to approve the donation of $20.00 to the Bicentennial Committee for the Fourth of July Celebration. There being no objections, it was so ordered. Councilman Bond asked the Mayor what action was being taken 94 to obtain funds to pay the sewer contractors. The Mayor answered that City Hall had been in contact with Atlanta on this but were unable to get the funds. He continued by saying he had received several complaints from citizens of Savannah Beach as to the contractors work and he planned on conducting an extensive invest- igation into these complaints. Councilman DeLoach asked Council to approve the application for membership of Mr. Joseph P. Counihan, Jr. into the Savannah Beach Volunteer Fire Department as of May 5, 1976. There being no objections to the request, it was so ordered. Upon the request of Councilman DeLoach, the Mayor ordered the City Clerk to have a carpenter report to the Fire Station for some repair work. The Mayor requested the City Clerk to read a Resolution pertaining to the protection of the Fire Plugs of the City of Savannah Beach. The Resolution read as follows: RESOLUTION . The motion to adopt this Resolution was made by Councilman Fahey and seconded by Councilman DeLoach. It was unanimously carried. Mr. Dennis Pierce, a visitor, again appeared before Council asking what Council planned to do on the rezoning of the "Tank" property. Councilman Fahey moved that any action on this be postponed to be handled by the new Council. The motion was seconded by Councilman DeLoach and unanimously carried. There being no further business the meeting was adjourned to the next regular or special called meeting. CLERK OF COUNCIL MAYOR t 1 DEPARTMENT OF THE ARMY SAVANNAH DISTRICT. CORPS OF ENGINEERS P. O. BOX 889 SAVANNAH. GEORGIA 31402 Honorable Michael J. Counihan Mayor City of Savannah Beach Post Office Box 128 Savannah Beach, GA 31328 Re: Shore Protection Ordinance 26 May 1976 Dear Mayor Counihan: We have reviewed the proposed amendment to the Zoning Ordinance of Savannah Beach so as to incorporate the provisions of the Shore Protection Ordinance of the City of Savannah Beach. We recommend that "Section F, Permit Requirements in Dune Protection Area," and "Section I, Exemptions" of the proposed "ARTICLE SEVEN" be amended to read as set out in the attached inclosure. These changes will clarify the issue of the construction of parking facilities at the north end of the Island and could prevent potential problems in the future. The Corps respectfully requests that the amendments set out above be adopted so as to provide for the construction of public parking facilities and access roads thereto at the north end of the Island. 1 Incl As stated Copy Furnished: Mr. Wm. H. Pinson, Jr. City Attorney Sincerely, FRANK WALTER Colonel, Corps of Engineers District Engineer 1 SECTION F. Permit Requirements in Dune Protection Area. 1. All uses or improvements proposed for the Shore Protection Area shall require a permit from the Savannah Beach City Council, except as provided in "2" below. 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 protective functions of the beach, sand dunes, or vegetation thereon. 2. The City of Savannah Beach may construct and maintain public parking facilities and access roads thereto within the Shore Protection Area without obtaining a permit as required in "1." above, and such construction and maintenance is authorized within the Shore Protection Area. SECTION I. Exemptions. The provisions of this Ordinance shall not apply to recreational activities such as swimming, sunbathing and picnicking, or to public parking facilities and access roads thereto presently owned or to be constructed by the City of Savannah Beach. EDWARD M. PATTERSON CITY CLERK WM. H. PINSON. JR. RECORDER AND CITY ATTORNEY PHONE 786 -4573 5 M. J. COUNIHAN, MAYOR CITY OF SAVANNAH BEACH Executive Offices — City Hall P. O. Box 128 SAVANNAH BEACH, GA. 31328 June 1, 1976 Mayor and Council City of Savannah Beach Executive Offices - City Hall P. O. Box 128 Savannah Beach, Georgia 31328 Gentlemen: COUNCILMEN JOSEPH M. AGNEW JAMES S. BOND III RICHARD T. DELOACH EDWARD J. FAHEY ERNEST C. HOST! JOHN C. WYLLY. JR. I hereby submit my resignation as Recorder and City Attorney effective July 1, 1976. It has been my pleasure to have served the present administration in its dedicated effort to secure the very best for the citizens of the City of Savannah Beach. However, I feel the new adminis- tration should have the opportunity to select all appointed officials and therefore, 2 am submitting my resignation to the administration which appointed me. Needless to say, I shall always have a very sincere interest in the City and,.ts progress. Sinc Wr ;lliam H. Pinson, Jr. of cc Mr. Edward M. Patterson, City Clerk COUNCILMAN: RICHARD DE LOACH DEPT: FIRE DEPT. DATE OF COUNCIL MEETING JUNE 14, 1976 BILLS FOR THE MONTH OF MAY 1976 FIRE DEPT. NAT'L. FIRE PROTECTION ASSO. GEN'L. ELECTRIC SUPPLY PAINT CENTER AUTO ELECTRIC OF SAVH.' SOUTHLAND OIL CO. BAKER S JARRELL ELEC.. SUPPLY TYBEE MARKET CHU'S 7 -11 MART STANDARD OIL CHU'S DEPT. STORE SOUTHERN BELL TEL & TEL. SAV'H ELECTRIC & POWER TO BE APPROVED INVOICE NUMBER 76128089A 071650 4115 45884 871925 17984 49 5384, 5711, PART OF 9374 16280 2 PHONES . PART OF 0700 TOTAL FIRE DEPT. BILLS • 11.05 4.33 36.32 45.00 9.60 24.09 .69 4.00 22.97 5.87 59.16 26.01 $ 249.09 COUNCILMAN: FRED DE BORDE, DATE OF COUNCIL MEETING JUNE 14, 1976 DEPT: DPW & SANITATION BILLS FOR THE MONTH OF MAY 1976 DEPT. PUBLIC WORKS: SEMMES HDW. CO., LEDBETTER CONSTRUCTION J C LEWIS MTR. CO., GUERRY LUMBER CO. FAIRMOUNT E Z AUTO PARTS DEACY WELDING SUPPLY DAN VADEN CHEVROLET T. S. CHU DEPT. STORE W J BREMER INC., AMOCO. OIL CO. PAINT CENTER PAPER CHEMICAL SUPPLY STANDARD OIL CO AUTO ELECTRIC SAVH TIRE & RUBBER CO TYBEE GARAGE SAVANNAH ELECTRIC & POWER. SOUTHERN BELL TEL. &-TEL. SCOTT CONCRETE PIPE PORTER TRUCKING (PAID 10,000. IN ADVANCE) (OF COUNCIL) CHATHAM COUNTY FINANCE SANITATION: AUTO ELEC. OF SAVH. SAVH. TIRE & RUBBER CO. STANDARD OIL CO. SIMCO SUPPLY CO. INC., RHEEM MFG. CO. -ROAD. MACHINERY MORRISON CHEMICAL CO. ISLAND FREIGHT CO. INVOICE NUMBERS TO BE APPROVED 420 1394 C11056 5593, 7241, 170673 6385, 6415, 6414, 6482, 7011, 137322 32447, 32594, 16227,.11232, 11242, 11229, 11201, 11206, 11284, 11247, 72581 SERVICE CHARGE 3963 1039 PART OF 9374 PART OF 49683 PART OF 3655 385 -3, 386 -36,. 384 -23, PART OF 1560, ALL 6580, 786 -4702 REGULAR EXPENSES D.P.W. 6 -789 7355 TOTAL INVOICE ON PAVING CAPITAL OUTLAY TOTAL PART OF 49683 PART OF 3655 PART OF 9374 299.6 13708 4933 2699 PRO.912 -2623 TOTAL SANITATION EXPENSES 391.07 96.00 31.09 80.08 28.95 82.21 6.00 97.77 20.06 27.60 .69 124.08 27.80 174.55 17.17 167.25 9.00 1,268.08 14.65 325.00 33,182.00 1,713.55 17.18 .886.63 101.05 11.91 564.48 51.80 83.70 39.20 TOTAL DPW, SANITATION, CAP. OUTLAY 2,664.10 35 :,220.55 1,755.95 39,640.60 1 1 COUNCILMAN: EDWARD FAHEY DEPT: PAGE 2 OF POLICE ETC., DATE OF COUNCIL MEETING JUNE 14, 1976 BILLS FOR THE MONTH OF MAY 1976 BEACH PATROL: YOUMANS SIGN CO. WILLIAMS STUDIO THOMPSON SPORT GDS. SEARS ROEBUCK FREDDIE ANDERSON CHU DEPT STORE. SOUTHLAND OIL PARKING - METER DEPT: SOUTHLAND OIL CO.' LOWES BLDG SUPPLY INVOICE NUMBER 4944, 4945, 2752720 2866 -5 11187, 11188, 867842 TOTAL BEACH PATROL ELECTRICAL MACHINERY RADIO SHACK CHU'S DEPT STORE TYBEE GARAGE MORGANS -BY AUDIT 871930,867965,384209, 3933,13411,13515, :64950 B000840 11189,11223,11257, 11274,11540,11305, 11313, 384 -2 4/30/76 INV. 58292 TOTAL PARKING METER DEPT. TO BE APPROVED 10.00 10.00 9.75 33.98 100.00 16.16 8.74 188.63 ** 5.25 86.13 22.60 29.00 20.14 .75 14.39 178.26 ** TOTAL POLICE, BEACH PATROL, PARKING MTRS. $ 3,612.-85 COUNCILMAN: EDWARD FAHEY DATE OF COUNCIL MEETING JUNE 14, 1976 IIBILLS FOR THE MONTH OF MAY 1976 POLICE DEPT: SEARS ROEBUCK T. SMITH FOR K -MART LINDERMAN FLORIST J C LEWIS MTR. CO BRADLEY LOCK & KEY GENERAL MEDICAL SAVH. EAGLE EXT._ CO., CHU'S DEPT. STORE CHU'S 7 -11 MART COASTAL PAPER CARGILL BEASLEY CARLSON SAVH GAS CO. BARRETT OIL CHATHAM CO. FINANCE DEPT. FREDDIES SOC STATION SAVH TIRE & RUBBER CO. IDR. BEDINGFIELD BREAKFAST CLUB CAPT CHRIS CRAB HOUSE TRIANGLE DRIVE INN 1 STRICKLAND SUPER MKT. SOUTHLAND OIL CO. SOUTHERN -BELL TEL. C. TEL. SAVH ELECTRIC CO. DEPT:POLICE, BEACH PATROL, PARKING INVOICE NUMBER 2752722, 8488343, TO BE APPROVED 4437, 10964: 3987, 5/7, 5/18, 24536 MAY SERVICE & APRIL 11310, 11315, 11203, 11246, 11234, 5705,987,988,970,984, 972,977,974,7817,985, 56056, 52653, 56096, 2844 6475 47 13275 5546 0 3 21902, 7548, 2826 6 TICKETS 35997, 3496, 4/29/76 1454, 1069, .0661, 39330, 39328, 39329, 1034- 50,1031 - 29,1070 -50, 1042- 15,1097 - 46,1068 -49, 1042 - 27,1058 -19, 47 867886,871002, 871954, 5 PHONES PART OF 1560 88.71 18.15 15.60 1,124.97 37.50 26.02 12.75 14.84 30.65 46.62 64.16 15.00 8.95 758.58 10.00 221.15 218.45 30.00 9.90 11.35 23.50 1.59 26.32 132.56 298.64 TOTAL POLICE DEPT. 3,245.96 ** SEE NEXT PAGE FOR BEACH PATROL, AND PARKING METER DEPT. AND THE GRAND TOTAL FOR ALL THREE DEPTS,, APPR VED 1 1 COUNCILMAN: JOHN WYLLY DEPT: RECREATION DATE OF COUNCIL MEETING JUNE 14, 1976 BILLS FOR THE MONTH OF MAY 1976 CERAMICS : DOWN SOUTH GALAXY CERAMIC SHOPPE LUCY PATTERSON SOUTHERN BELL TEL. SAVANNAH ELECTRIC PARKS : INVOICE NUMBERS 1503, 1502, 1511, 109557, 113669, 335723, 126174, 980 -16 CAR EXPENSE MAY 786 -4698 1570 TOTAL CERAMICS SAVANNAH ELECTRIC J C PARK 3996 SAVANNAH ELECTRIC MEMORIAL PARK 8540 TOTAL PARKS RECREATION VARIOUS : TO BE APPROVED THOMPSON SPORTING GOODS BATS TOTAL RECREATION VARIOUS TOTAL ALL FROM GENERAL FUND REVENUE SHARING FUND : WHALEN COMPANY PAGE BROTHERS APPROVED (29,1 2602 5/17/76 AMOUNT 140.99 151.51 4 2.30 7 0.95 17.46 109.86 533.07 19.63 1 9.8 7 39.50 41.44 TOTAL FROM REVENUE SHARING FUND 41.44 353.38 1 3.80 $614.01 $367.18 1 1 COUNCILMAN: JAMES BOND, III DEPT: WATER SEWER DEPT., DATE OF COUNCIL MEETING JUNE 14, 1976 BILLS FOR THE MONTH OF MAY 1976 TO BE APPROVED WATER SEWER CONSTRUCTION: THOMAS & HUTTON ENG.. CO. ACCT. J -1907 * * ** $ 1,500.00 WATER SEWER REVENUE FUND: BRADLEY LOCK & KEY COASTAL CHLORINATOR COASTAL CHEMICAL COASTAL CHEMICAL(CREDIT) CHU DEPT. STORE CHAMPION MACH. & MFG. DICK'S WELDING SERV. E Z AUTO PARTS GROOVER CHLORINATION MORRISON CHEM. CO MCKENNA SUPPLY MASURY PAINT CENTER MORGANS INC. PAPER CHEMICAL CO. SAVANNAH GAS CO. STANDARD OIL CO. SAVH TIRE & RUBBER CO. THOMPSON AUTOMOTIVE WHITE HDW. CO. • SO.: BELL TEL. E TEL. SAVH"ELECTRIC CO. POSTED IN MAY POSTED BY AUDIT 4/30/76: MORGANS INC.' DAVIS SUPPLY CO. 6310 INVOICE NUMBERS 5/7/76 6039 38752 38753 RETURN CYL. 11258,11570,11537., 1000 273,274,301,302, 303,304,305, 6481 5/28/76 2929, 2700, 13691,13933, 3829 58728 1040 47- 13275 - 5550 -0 -8 PART OF 9374. 3872 60475 98166 5467,4573 PART, 5089, 6463, 6 ACCOUNTS SUB TOTAL 57246 11.00 150.00 360.00 400.00) 7.20 25.00 714.50 6.95 57.00 42.00 308.37 24.76 7.05 186.35 1.10 114.83 112.56 5.40 18.78 121.37 2,130.84 4,005.06 23.25 7.20 TOTAL WATER SEWER REV. FD. ACCTS.. ** ** $ 4,035.51 ,APPR 1,500.00 W/S CONSTRUCTION 4,035.51 W/S REV. FUND 5,535.51 TOTAL BOTH FUNDS 1 COUNCILMAN: DATE OF COUNCIL MEETING JUNE 14, 1976 BILLS FOR THE MONTH OF MAY 1976 JOSEPH AGNEW XEROX OELSCHIG FLORAL HERNANDEZ PRINTING EAGLE EXTERMINATING DIXIE LOCK SUPPLY INC., ALEXANDER GROCERY CO., JOHNNIE GANEM ELECTRONICS ALL MAKE & REL. TYPEWRITER CO., CARGILL'S SAVANNAH NEWS PRESS STANDARD OIL COMPANY SAVANNAH ELECTRIC,& POWER .SOUTHERN BELL TEL. & TEL. NETTLES REFRIGERATION CO. TOTAL POSTED POSTED BY AUDIT 4/30/76: EAGLE EXTERMINATING CO. SUPLEE ENVELOPE CO.. REVENUE SHARING FUND: SAVANNAH NEWS PRESS DEPT: FINANCE - GENERAL GOVT. INV. 036523607 TO BE APPROVED INV. 1416 MAY SERVICE INV. 03991 INV. 28544 5/6 & 5/27 INV. 6449, .6450, INV. 01940 INV. 3120 54454 PART OF INV. 9374 PART OF 0700 ALL OF 1935 THREE PHONES INV. 8085 MAY 1976 APRIL SERVICE 79675 TOTAL GENERAL GOVT ACCTS. 269.49 21.00 28.03 6.00 56.53 56.27 41.31 46.43 11.50 51.05. 279.30 45.93 53.74 85.64 877.98 1;930.20 6.00 83.30 $2,019'.50 * * *. :PLANNED USE REPORT .91..20• .TOTAL•REVENUE SHARING FUND $ 91.20 * #* 1 1 1 AN ORDINANCE TO AMEND THE ZONING ORDINANCE, CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, SO AS TO INCORPORATE THE PROVISIONS OF THE SHORE PROTECTION ORDINANCE, 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 by the authority thereof that the Zoning Ordinance, Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia is hereby amended by adding thereto Article Seven which shall read as follows: ARTICLE SEVEN. SHORE PROTECTION LINE. Section A. Definitions. 1. 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 hydrography, 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: a. The Shore Portection 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. 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. 1 1 1 -2- In the portion of the beach not included in the Federal Beach Erosion Control Project: a. The Shore Protection Line shall be located forty (40) feet landward of the crest of the most seaward stable dune or dune ridge. b. Where there are no dunes, the location of the Shore Protection Line shall be based upon a study of beach and offshore sand bar characteristics, and the history of shore erosion. 2. Shore Protection Area - The area seaward of the Shore Protection Line in which land and plants are protected under provisions of the Shore Protection Ordinance. 3. 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 Pro- tection Map. SECTION B. Establishment of Shore Protection Line. The Shore Protection Line shall be shown on the official Shore Protection Map. SECTION C. 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 D. Beach, Dune, or Vegetation Disturbance. It shall be unlawful for any person, firm, or corporation 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 obtained a permit from the Savannah Beach City Council. SECTION E. Criteria for Granting Beach, Dune or Vegetation Disturbance Permit. 1. 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 materially 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. -3- 2. Restricted Uses. - Under no circumstances shall construction or development other than authorized and permitted 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. 3. Conformance with Zoning and other Ordinances. - Only uses allowed in the respective zoning districts established by the Savannah Beach Zoning Ordinance, shall be considered for a shore, dune, or vegetation disturbance permit. All other laws, rules, and ordinances in effect shall also apply to the Shore Protection Area. SECTION F. Permit Requirements in Dune Protection Area. All uses or improvements proposed for the Shore Protec- tion 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 protective functions of the beach, sand dunes, or vegetation thereon. Provided however that nothing herein shall prohibit the City of Savannah Beach, Tybee Island, Georgia from constructing and maintaining public parking facilities and access roads thereto within the Shore Protection area without the necessity of the City obtaining a permit as required within this section. SECTION G. Posting of Notice. Within five (5) days after the submission of a completed application by the City Council, notice shall be posted at the site where the activity in the Shore Protection Area is proposed. SECTION H. Nonconforming Uses. 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 nonconforming use. A nonconforming use of building, structure or land may be continued with the following limitations.: 1. Extension of Use. - It shall not be extended to occupy a greater area of land or space seaward of the Shore Protection Line. 1 1 1 -4- 2. 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. 3. 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 extent of seventy -five (75) percent or more of the total tax value; provided, however, if a structure is not intentionally damaged or destroyed by the owner or occupant, then the owner may reconstruct or repair the structure to a comparable 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 I. Exemptions. The provisions of this ordinance shall not apply to recreational activities such as swimming, sun bathing, and picnicking, or to public parking facilities and access roads thereto presently owned or constructed by the City of Savannah Beach, Tybee Island, Georgia. SECTION J. Referral to Planning Commission. Within five (5) days after receipt of a completed applica- tion 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 thirty (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. SECTION K. Public Hearings. 1. Public Hearing Requests. - Within twenty (20) days following the receipt of a completed permit application 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. 2. 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 1 1 1 -5- 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. 3. 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 L. Referral to City Council. Following any necessary public hearings, and a review of the permit request by the Planning Commission, the application shall be submitted to the Savannah Beach City Council for final consideration. SECTION M. Appeal Procedures. Any person who is aggrieved or adversely affected by any permit granted or denied under provisions of this Article, or any person who alleges that a permit has been issued in vio- lation of provisions of this Article, shall, upon petition, have a right to an appeal as set forth in Article Six, Section A, of this Ordinance. SECTION N. Code of Ordinance. 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 intention. This Ordinance shall be in full force and effect immediately upon its adoption. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 1976. ENACTED IN OPEN COUNCIL THIS day of BY: ATTEST: First Reading: June 14, 1976 Second Reading: June 14, 1976 Enacted: June 14, 1976 CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA Mayor City Clerk 1 AN ORDINANCE TO AMEND ARTICLE THREE, SECTION B (14), ARTICLE FIVE, SECTION A (11), AND ARTICLE FIVE, SECTION B (5) OF THE ZONING ORDINANCE, CODE OF ORDINANCES, CITY OF SAVAN- NAH BEACH, TYBEE ISLAND, GEORGIA, SO AS TO PROVIDE A DEFINITION FOR THE TERM "HOME OCCU- PATION", TO INCORPORATE THE SHORE PROTECTION SETBACK REQUIREMENTS, AND TO PERMIT A REDUC- TION IN THE FRONT YARD SETBACK REQUIREMENTS FOR RESIDENTIAL USES UNDER CERTAIN CONDITIONS WHEN OTHER RESIDENTIAL USES DO NOT CONFORM TO THE REQUIRED SETBACKS: 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 that the Zoning Ordinance, Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia is amended as follows: By deleting in its entirety Article Three, Section B (14) and substituting therefor a new Article Three, Section B (14) which shall read as follows: 14. Home Occupation. An occupation customarily carried on within a home for gain or support, involving the sale of only those articles, pro- ducts or services produced on the premises, conducted entirely within a dwelling unit and conducted entirely by persons residing in such dwelling unit, using only such equipment as is customarily found in a home and involving no display of articles of products. A home occu- pation shall include the boarding of not more than two nontransient guests. A beauty parlor which is operated in a room separated from but attached to a dwelling unit and which uses equipment other than that customarily found in a home shall be defined as a home occupation under the following specific conditions: a. Such beauty parlor shall occupy not more than five hundred square feet of floor area. b. There shall be no more than two employees, both of who shall reside in the dwelling unit to which the beauty parlor is attached. By adding a new subsection (4) to Article Five, Section A (11) which shall read as follows: Along portions of any property within one - hundred twenty (120) feet of the seawall along the Atlantic Ocean, the minimum yard setback shall be increased to forty (40) feet landward of the seawall; except, that for those areas where there are no sand dunes north of 10th Street, the minimum yard setback shall be increased to fifty (50) feet landward of the seawall, or as indi- cated on the Official Dune Protection Map, as amended, whichever is greater; and provided further that for those areas south of 18th Street and those areas where no seawall exists along the beach, the minimum yard setback shall be increased so as to be located forty (40) feet landward of the crest of the first stable sand dune or as indicated on the Official Dune Protec- tion Map, as amended, whichever is greater. Along all minor streets within any R- District, where the average setback distance for existing buildings on all lots located wholly or partly within two hundred (200) feet of any lot, and within the same zoning district and fronting on the same side of the same minor street as such lot, is less than the minimum setback required in said zoning district, the setback on said lot may be less than the required set- back, but not less than the existing average setback distance for all lots within two hundred (200) feet. When lots within the two hundred (200) feet are vacant, said vacant lots shall be considered as having the minimum required setback for the purpose of computing an average setback distance. By adding a new subsection (3) to Article Five, Section B (5) which shall read as follows: Along portions of any property within one - hundred twenty (120) feet of the seawall along the Atlantic Ocean, the minimum yard setback shall be increased to forty (40) feet landward of the seawall; except, that for those areas where there are no sand dunes north of 10th Street, the minimum yard setback shall be increased to fifty (50) feet landward of the seawall or as indi- cated on the Official Dune Protection Map, as amended, page 2. 1 1 whichever is greater; and provided further that for those areas south of 18th Street and those areas where no seawall exists along the beach, the minimum yard setback shall be increased so as to be located forty (40) feet landward of the crest of the first stable sand dune or as indicated on the Official Dune Protection Map, as amended, whichever is greater. ADOPTED in open Council Meeting this 14th day of June, 1976. CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA BY: ATTESTED: Mayor page 3. City Clerk 1 1 ORDINANCE AN ORDINANCE TO AMEND THE FIRE PRO- TECTION AND PREVENTION ORDINANCE, CHAP- TER SEVEN OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, SO AS TO PROVIDE FOR THE PRO- HIBITION OF TAMPERING WITH OR DAMAGING ANY FIRE PLUG WITHIN THE CITY OF SAVAN- NAH BEACH, TYBEE ISLAND, GEORGIA: BE IT ORDAINED BY THE MAYOR AND COUNCILMEN OF CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA in Council duly assembled and it is hereby ordained by the authority there- of that the Fire Protection and Prevention Ordinance, Chapter Seven (7), of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia is hereby amended by adding thereto Section Seven T EIGHT (7 -8) which shall read as follows: SECTION 7 -8 - TAMPERING WITH OR CAUSING DAMAGE TO A FIRE PLUG; Prohibited It shall be unlawful for any person, firm, or cor- poration to tamper with, damage, or cause to be damaged any fire plug within the corporate limits of the City of Savannah Beach, Tybee Island, Georgia. For purposes of this ordinance, the term "tampering" shall mean any act direct to the opening, the defacing, or the removing of any part of a fire plug that interrupts or interferes with the general and specific function of said plug as furnish- ing a source of water for fire fighting purposes. Nothing contained within this ordinance shall prohibit those mem- bers of the Savannah Beach Fire Department from acting in their official capacity nor shall it porhibit other persons 1 1 specifically authorized by the mayor and council to use said fire plugs. 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 here- by repealed. ENACTED this the day of , 19 FIRST READING: SECOND READING: ENACTED: CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA By: Attest: MAYOR CLERK