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19851023SCMeeting1 1 1 Tybee Island, Georgia October 23, 1985 A special called meeting of the City Council was held at Tybee Island City Hall on Wednesday, October 23, 1985. Mayor Charles J. Hosti presided and the following members of Council were present: Paul Jackson, Jeanne Hutton, John Wylly, Earl Marlin, S. J. Orsini and Chris Solomon. The City Attorney and the City Administrator, Tom Mahoney and Bob Thomson, were also present. Mayor Hosti opened the meeting by welcoming the audience and explaining that the special meeting was called to take care of pressing business and to keep the November meeting agenda from being so over - crowded, adding that the November meeting will be the last for this Council. The new Council will take office on the first Monday of December and will sit at the December meeting. Mr. Jim Kluttz asked whether public comment will be allowed on agenda item number six, proposed amendments to the Master Plan. Mayor Hosti said that this is the public's opportunity to speak, and Mr. Kluttz voiced his disapproval of the proposed amendments. Mrs. Elizabeth Sprague spoke in opposition to amending the Master Plan. John Sapp commented that he has been speaking to as many people as possible about the Master Plan and he urged everyone present to speak up now rather than complaining later about Council's actions. Jerry Black spoke, saying he represents his parents who own frontage along Highway 80 at Campbell Avenue and are seeking rezoning. Mayor Hosti told him that the City Council can't hear a zoning question until certain legal requirements concerning public notice, etc. are met, and recommendations from the Planning Commission received. Mrs. Genevieve O'Connor said she opposed amending the Master Plan. Mr. George Burns said he is also opposed. 00043 1 1 Tybee Island, Georgia October 23, 1985 Page Two IP _ 0014 Bert Barrett, Jr. spoke next, complimenting this Council on its honesty, and congratulating them on the city's progress under their leadership. Betty McLlendon asked that time for consideration be taken before making any changes in the Master Plan. Susan DeLaney spoke to say that the island should be developed for single family residents and not for condominiums and that she is opposed to the amendments in the Master Plan that seem to encourage denser development. Marjorie Harris spoke in opposition to the proposed amendments in the Master Plan. Marianna Seyden asked if there will be a public hearing on the amendments. Mayor Hosti answered that this seems to be fulfilling the requirements of a public hearing, and an earlier one was also held so he doesn't believe any further public hearings will be necessary. Bill Foran spoke in opposition to the proposed amendments. Betty Cawley, a Fort Screven resident, spoke against the amendments. The meeting was then opened for business legally presented. The text amendment for Section 8 -4 -32 adding the words "townhouses" and "condominiums" to Subparagraph (a)(1) was read for the second time. Paul Jackson moved it be approved, S. J. Orsini seconded and the notion passed by a vote of five (5) to one(1) with Jeanne Hutton opposed. Having passed on second reading, the ordinance is now in effect. A copy is attached to, and becomes a part of, these minutes. Mr. Bill Story petitioned Council concerning a building permit from 1981, asking that the city now honor the permit which was for a two -stage development of time - sharing condominium units at Fifteenth Street known as Tybee Ocean Villas, or Tybrisa. The first stage has been in operation for several years, and the company is now seeking to complete the project by constructing phase two. Councilmember Jackson suggested seeking a legal opinion from Mr. Mahoney. N 1 00045 Tybee Island, Georgia October 23, 1985 Page Three After discussion a motion to honor the permit without waiving the right to review the plans for compliance to local codes, especially those codes relating to safety, was approved. Mayor Hosti will so inform the petitioner in writing. It was moved and seconded that Ken Bridwell, developer of the Bishop Subdivision, be notified that the water line for the project may be 6" rather than 8" and that he will have to post a bond, the amount to be decided after discussion with the developer and the City Attorney. The motion passed. An alcohol beverage license was approved for Mr. Bobby Clark for a seafood restaurant and lounge to be known as "The Shrimp Net" and located on the corner of First Street and Lewis Avenue. Councilmember Marlin stated that he believes some changes need to be made in the amendments for the Master Plan and suggested delaying action on it until the next meeting. The motion was seconded by Councilmember Orsini and passed. A Resolution brought by the City Attorney concerning a settlement of a legal case arising out of the fire which destroyed the former Public Works Shop was passed. The motion was made by Coun =` cilmember Marlin, seconded by Councilmember Orsini. A copy of the Resolution is attached to, and becomes a part of, these minutes. A Resolution outlining the duties of the City Admini- strator was read and unanimously adopted by the City Council on a motion made by Counoiilmehber Jackson and seconded by Councilmember Hutton. Councilmember Orsini moved that the rnonthly honorarium of the incoming Council be increased from $25.00 to $50.00. Councilmember Wylly seconded and the vote was in favor, with those Councilmembers who are seeking re- election abstaining. 1 RESOLUTION WHEREAS, After careful consideration and study, the Mayor and Council wish to designate certain powers, functions and duties which are conferred upon them by the Charter of the City of Tybee Island; and WHEREAS, t)Se..Mayor and Council further desire to set out other powers, func- tions, and duties presently being performed by.the City Administrator so that this Resolution may define all of said duties; and, WHEREAS, such powers, functions and duties delegated to the City Administrator may be terminated, altered or changed as the Mayor and /or Council shall deem necessary; NOW THEREFORE BE IT RESOLVED by the Mayor and Council, in regular session assembled, that they do hereby delegate to the City Administrator the following powers, functions and duties: (1) To assure that policies adopted by the Mayor and Council are properly executed and to serve in an advisory capacity only in the development of said policies. (2) To act as chief administrator in being responsible for the coordination of activities of the various departments and giving directions to the department heads. (3) Preparation and administration of the annual operating budget for the City to be submitted to the Mayor and Council for approval and adoption. (4) Administration of the City's personnel policies. (5) Preparation and administration of a capital improvements budget to be submitted to the Mayor and Council for approval. (6) Responsible for seeking grants on a State and Federal level and for the administration of same. (7) Responsible for the over -all enforcement of all ordinances and the administration of all zoning procedures. (8) Administration of all City contracts (9) Responsible for the effective recommendation to Mayor and Council for the hiring & firing of City employees. (10) Other lawful duties assigned by the Mayor. 00046 1 1 RESOLUTION (Continued) BE IT FURTHER RESOLVED that Robert B. Thomson, previously appointed City Administrator by the Mayor, shall continue to serve in this capacity at the pleasure of the Mayor, with all the functions, powers and duties as heretofore set forth. RESOLVED, this 23rd. day of October 1985 ��a /1 /� harles J. Hos Mayo 00047 a Fripp Clerk of Council 1 A R E S O L U T I O N WHEREAS, The City of Tybee Island entered into a contract on May 31, 1983 with The Hubbard Corporation to furnish all equipment, materials, supplies, machinery, tools, superintendents, labor, insurance, and other accessories and services necessary to effect the replacement and repair of a roof located on the building commonly known at that time as the "Public Works Shop Building," owned by the City; and, WHEREAS, said work was in progress on July 22, 1983, when a fire occurred which completely destroyed the Public Works Shop Building and all contents, tools, materials, accessories, and supplies contained therein; and, WHEREAS, the City brought Civil Action No. X84 -0748 in the Superior Court of Chatham County, Georgia, against The Hubbard Corporation, claiming that the fire occurred through negligence of The Hubbard Corporation, and that as a result of said negligence, the value of said building and the value of all materials contained therein, together with other damages were sought; and, WHEREAS, The Hubbard Corporation disputed said claim and disputed the fact that it was negligent in any way; and, WHEREAS, the parties through their respective counsel have negotiated an agreement, which is agreeable to the City of Tybee Island, Georgia and which is being paid by the insurance carrier of The Hubbard Corporation acting as an independent contractor and without the consent of its insured; and, WHEREAS, it is necessary to effect said compromise agreement for certain documents to be signed and for the City Council for the City of Tybee Island, Georgia to agree to the terms of said compromise agreement: 60648 1 1 00049 NOW, THEREFORE, BE IT RESOLVED that the City Council, in open meeting assembled, hereby adopts this Resolution and approves the compromise agreement entered into between counsel for the insurer of The Hubbard Corporation and counsel for the City, and authorizes the Mayor of said City to execute whatever documents are necessary to effect a complete compromise agreement without prejudice to any subrogation rights, if any, that the insurer for The Hubbard Corporation might have had or might have. � ADOPTED this 0):51"..!S day of October, 1985. Attest: Clerk Council it-ve Page Two J. HOSTI ES , YOR 00050 Ordinance # /ins AN ORDINANCE AMENDING TITLE 8. PLANNING & DEVELOPMENT, CHAPTER 5. FLOOD DAMAGE CONTROL, TYBEE ISLAND CODE OF ORDINANCES. TO BE ENTITLED SAME. BE IT ORDAINED, AND IT IS HEREBY ORDAINED THAT TITLE 8 PLANNING & DEVELOPMENT, CHAPTER 5 FLOOD DAMAGE CONTROL BE DELETED IN ITS ENTIRETY AND THAT THE FOLLOWING, TO BE ENTITLED AND ENUMERATED THE SAME, BE INSERTED IN ITS STEAD: 8 -5 -1. Findings of Fact. A. The flood hazard areas of The City of Tybee Island are subject to the possibility of periodic inundation which could result in the loss of life, property, health and safety hazards, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 1 1 1 1 00051 B. These potential flood losses are increased by the cumulative effect of obstructions in flood plains causing increases in flood heights and velocities, and by the existance in flood hazard areas of uses or occupancies vulnerable to floods or hazardous to other properties which are inadequately elevated, flood - proofed, or otherwise protected from flood damages. 8 -5 -2. Statement of Purposes. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private loses due to flood conditions in specific areas by provisions disigned tot A. Restrict or prohibit uses which are dangerous to health, safety and property due to water, erosion, or flood heights or water velocities; B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of the initial construction; C. Control filling, grading, dredging and other development which may increase erosion or flood damage; and D. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. 8 -5 -3. Objectives. The objectives of this chapter are: A. To protect human life and health. B. To minimize expenditure of public money for costly flood control projects. C. To minimize the need for rescue and relief efforts associated 2 1 0002 with flooding and generally undertaken at the expense of the general public. D. To minimize prolonged business interruptions. E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets and bridges located in flood plains. F. To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize the future flood blight areas; and G. To insure that potential home buyers are notified that property is in a flood area. H. To insure continuity of eligibility of Tybee properties for Flood Insurance. 8 -5 -4. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them meaning they have in common usage and to give this chapter its most reasonable application. A. Appeal means a request for a review of the building inspector's interpretation of any provision of this chapter or a request for a variance. B. Area of special flood hazard is the land in the flood plain within a community is subject to a one percent (1%) chance of flooding in any given year. C. Base flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. 3 cos D. Basement enclosure with floor level below natural grade. E. Base Flood Level is the 100 year flood elevation. F. Breakaway walls mean any type of walls, whether solid or lattice, and whether constucted of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are so designed as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. G. Building: See structure. H. Building Permit is the permit as required by the City of Tybee Island Planning and Development Section of the Tybee Island Code of Ordinances. I. Coastal High Hazard Area (V- Zones) means those areas that are subject to high velocity waters, including, but not limited to, harrican wave wash. The area is designated on a FIRM as Zone V -14. J. Development means any man -made changes to improved or un- improved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. K. Existing Mobile Home Park or Subdivision: A parcel of land divided into two or more mobile home lots for rent or for sale for which facilities were completed prior to adoption of this ordinance or prior to inclusion of property within city limits. 4 1 1 X54 L. Expansion of an Existing Mobile Home Park or Mobile Home Subdivision means preparation of additional sites by grading, installing utilities, pads, or streets, or otherwise adding service facilities. M. Flood or Flooding means a general and temporary condition of a partial or complete inundation of normally dry land areas from: 1) The overflow of inland or tidal waters, or 2) The unusual and rapid accumulation or run off of surface waters from any source. N. Flood Insurance (or Elevation) Study is an examination and evaluation of flood hazards and water surface elevations. FEMA study is official and is the study referenced herein. 0. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. P. "Floodproofing " - any combination of structural and non- structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents." Q• Level of 100 -Year Flood: The highest level of flooding that on the average is likely to occur once every one hundred (100)years, or has a one percent (1%) chance of occurring in any given year. Synonymous with base flood level, base flood elevation, 100 year flood elevation. 5 1 1 00055 R. Lowest Floor is that floor level which includes the living/ use area of the structure such as kitchen, living room, bath, offices, studios and commercial'occupancy. For "A" Zone, it is the floor that meets the height requirement of the 100 -year flood elevation (also known as the Base Flood Level). For V -Zone it is the bottom of the lowest horizontal floor supporting member. An area used for parking or storage below the base flood elevation is not to be considered the lowest floor. S. Mean Sea Level (MSL) means the average height of the sea for all stages of the tide. T. Mobile Home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. U. New Construction means structures for which the "start of construction" conmmenced on or after the effective date of this ordinance. V. Sand Dunes means naturally occurring accumulation of sand in ridges or mounds landward of the beach. W. Structure means a walled and roofed building that is princi- pally above ground, as well as a mobile home. X. Start of Construction means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. 6 1 1 1 0©056 Permanent construction does not include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not a part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile homes park or mobile home subdivision, "start of construction" means the affexing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile homesubdivision, "start of construction" is the date on which the mobile home is to be facilities for servicing the site on which the mobile home is to be affixed (including at a minimum, the construction of streets, either final site grading orpouring of concrete pads and installation of utilities) is completed. Y. Substantial Improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50 %) of the fair market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occured. For the purposes of this definition "sub- stantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alteration affects 7 1 1 1 the external dimensions of the structure. The teen does not, hawever, in- clude either (1) any project for improvement df a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Fair Market Value for this purpose is value of structure as determined by the Catham County Tax Assessor's Office. Z. Variance is a grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship. Unnecessary hardship shall be determined on a case by case basis by the Mayor and Council. 8 -5-5. Adoption of FED Flood Hazard Boundary Maps, Flood Insurance Studies And Flood Insurance Rate Maps. The flood hazard boundary maps, insurance studies and rate maps, and any revision thereto, including the zone desigantions on said map and all explanatory material not thereon, are hereby incorporated into this ordinance. These maps shall be kept in custody of that individual to wham the Mayor and City Council of the City of Tybee Island have delegated the administrative responsibility for the approval and issuance of building permits. These maps shall be used to determine those areas that contain flood hazards and those areas that require construction of buildings to meet certain elevations. In the absence of above official criteria for any area or structure, the City of Tybee Island shall obtain and make resonable use of base flood elevation data available from other federal, state or local source. 8 -5 -6 Compliance. No stucture or development within the city limits of Tybee Island shall hereafter be located, constructed, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations. 8 -5 -7 Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing 8 `0057 1 1 easements, convenants or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent re- strictions shall prevail. 8 -5-8. Interpretation. In the interpretation and application of this chapter all provisions shall be (a) considered as minimum requirements; repents; (b) liberally construed in favor of the governing body; and (c) deemed neither to limit nor repeal any other powers granted under stated statutes. 8 -5 -9. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engi- neering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter shall not create liability on the part of the City of Tybee Island or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision law- fully made thereunder. 8 -5-10. Development of Coastal High Hazard Areas (V -Zone Areas). Within those are designated as Coastal High Hazard Areas by the Flood maps no land below the level of the ]00 year flood shall be developed or improved unless the new improvement shall: A) Be located landward of the reach of mean high tide and, B) Be elevated and secured to anchored pilings or columns so that the lowest portion of the structural members of the lowest floor (excluding pilings or columns) is elevated to or above the applicable 100 year flood elevation and it is certified by a Georgia- locensed professional engineer or architect tha the structure is secured to anchored pilings or columns to withstand velocity waters and hurricane wave wash. (see applicable building code requirements including the Southern Building Code; hurricane provisions adopted by the city in an ordinance dated January 17, 1973, and included by reference in the city's Code of Ordinances, and the HUD/FEMA design & construction manual FIA-7. C) Have no basement and have the space below the lowest horizontal support member for the lowest floor free of obstructions so that the impact 9 0005C 1 1 1 of abnormally high tides or windriven water is minimized. D) May have unfinished garage or storage roan areas up to 300 square feet utilizing breakaway walls; for any larger area, certification that the structure as built will meet performance standards for V -Zone con- struction shall be provided by a Georgia - licensed professional engineer or architect. E) Shearwalls secured to pilings nay be used below base flood elevation only when parallel to tidal flaw direction and where necessary to provide structural integrity or firewalls. With respect to existing construction this paragraph is to prevent expansion of that part below the level of base flood of any existing facility, unless the new work in every way complies with this regulation. It is not intended to limit upkeep of an existing structure or to prevent modernizationabove the base flood elevation. F) Fill shall not be used for structural support. G) Sand dunes aryl /or mangrove stands shall not be altered in a way to increase potential flood damage. H) No mobile hakes will be placed except in existing mobile have parks or existing mobile have subdivisions. 8 -5 -11 Requirements for Residential Construction in the "A" Zone. Within those areas of the municipality designated as areas of special flood hazard on the flood map (Zone A), substantial improvement of existing structures and all new construction of residential structures including prefabricated and mobile hakes shall have the lowest floor of such structure, including basements, elevated to or above the applicable level of the 100 year flood. Such construction may have unfinished garage or storage areas below the base flood elevation, but not for eventual use as living quarters. Areas used for parking or storage may have electrical outlets provided that each is protected by a ground fault protector. 8 -5 -12. Requirements for Non - residential Construction in the A -Zone. Within those areas of the municipality designated as special flood hazard areas by the flood maps, substantial improvement to existing and to all new construction of non - residential structures shall have the lowest floor, 10 0 00060 including basements, elevated on or above the applicable level of the 100 year flood, or together with attendant utility and sanitary facilities, such non-residential structures shall be flood proofed up to the applicable level of the 100 year flood. As an alternative to the elevation of non- residential structures, such structures may be flood proofed. Flood proofing in lieu of elevation will be accomplished in conformance with the provisions outlined in the Flood Proofing Regulations publication drafted by the Office, Chief of Engineers, by the U. S. Army Engineer District, dated June 1972 and specifically Section 210 -2 titled " Completely Flood Proofed Structures" (FP11, FP12). These regulations are available for review within the Office of the City of Tybee Island, If flood proofing is utilized, owner must furnish certification by a Georgia - licensed engineer or architect that methods utilized are adequate to withstand flood depths, pressure, velocities, impact and uplift forces associated with the base flood. Where utilized in lieu of elevation, flood proofing shall assure that all areas below the base flood elevation are water tight and with walls substantially im- permeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certificate will show elevation to which structure is flood - proofed and will,recite compliance with this paragraph. City shall maintain a record of these certificates. 8 -5 -13. Nbbile Hanes - A -Zone and V -Zone. A) No mobile home shall be placed in a floodway or coastal high hazard area, except in existing mobile have parks or existing mobile have park subdivions. B) All Mobile hares shall be ancored to resist flotation, collapse, or literal movement by providing over - the -top and frame ties to ground anchors. Specific requirements shall be that: 1) Over- the -top ties be provided at each end of the mobile hare, with one additional tie per side at an intermediate location on mobile hares of less than fifty feet and one additional tie per side for mobile hares of fifty feet or more; 2) Frame ties be provided at each corner of the ham with four additional ties per side at intermediate points for mobile hares less than fifty feet long and one additional tie for mobile hares of fifty feet or longer; 3) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and 11 ° 1 1 1 4) Any addition to the mobile home be similarly anchored. C) For new mobile hone parks and subdivisions; for expansions to exixting mobile home parks and subdivisions were the repair, reconstruction or improvement of the streets, utilities and pads equal or exceed fifty percent (50 %) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile hares not placed in a mobile have park or subdivision specific requirements shall be: 1) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; 2) Adequate surface drainage and access for a hauler are provided; and 3) In the instance of elevation on pilings; (a) lots are large enough to permit steps; (b) piling foundations are placed in stable soil no more than ten feet (10') apart; and (c) reinforcement is provided for pilings more than six feet above ground level. 8 -5 -14. Continuance of Non - conforming Land uses. Non - conforming land uses will be in accordance with 8 -4 -15. There shall be no expansions of any non - conforming use within areas designated as Coastal High Hazard Areas (■ Zones) or in A -Zones except as per 8 -5 -20, Variances. 8 -5 -15. Elevations to be attached to building permit applications. Within those areas which are designated as special flood hazard areas by the flood map (A & V Zones) all building permit applications for the construction of new structures or the improvement of residential and non - residential structures including prefabricated and mobile hares shall have indicated thereon the lowest floor elevation fran mean sea level (MSL). Such elevations shall be shown also on the building permit and applications and permits must be approved as meeting requirements of this ordinance by the Building Inspector of the City of Tybee Island. During construction and prior to erection of supporting members for lowest floor (or prior to placement of lowest floor, if concrete) certification of lowest floor elevation as constructed shall be provided as per paragraph 8 -5 -16. This certificate shall recite that based upon a site visit and verification of elevation of supporting structure in place, the elevation of the lowest floor when constructed will be NJ" 12 1 1 00062 This certificate will net the "as constructed" elevation certificate requirements if timed properly by the registered engineer or architect. 8 -5-16. Certificate of Occupancy for Property in V -Zone or A -Zone. After construction is essentially complete and prior to occupancy, the owner shall furnish to the city the following certifications of as -built conditions: Zone Certification Timing for Filing Certified by Certificate A & V Elevation of lowest Prior to Final Erection Georgia - licensed floor or Structural of Horizontal Support surveyor, architect Member as construct- for lowest Floor. or engineer. ed. (Sections 8 -5 -10 & 8 -5 -11) V As constructed,build- 30 Days Maximum after Engineer or Architect ing is secured to completion. registered in Georgia. anchored pilings or columns as per Section 8 -5 -10. V As constructed, if 30 Days Maximum after Engineer or Architect unfinished enclosed completion. registered in Georgia. areas below base flood exceed 300 square feet, con- ditions meet V -Zone standard per Section 8 -5 -10. A Flood- proofing can- 30 Days Maximum after Engineer or Architect plies with all re- completion. registered in Georgia. quirenents of Sec- tion 8 -5-12, to Elevation (This certificate re- quired when flood proofing of non -resi- dential structures in lieu of elevating to base flood level. 1 1 00063 Upon receipt of these certifications and after inspection of the new construction by the Zoning Administrator and Building Inspector to assure that the construction meets these and other code requirements, a Certificate of Occupancy will be issued. 8 -5-17. Building Permit Applications Reviewed Prior to Issuance. Where improvements are involved, permit applications shall show estimated cost of proposed improvements and the county appraised market value of the structure to be improved, exclusive of land. Within those areas of the City of Tybee Island designated as Flood Hazard Areas (A & V Zones) by the flood maps, all building permit applications for the new construction or improvement of residential and non - residential structures including pre - fabricated and mobile homes shall be reviewed to insure that all permits required by State and Federal law have been received and the proposed construction shall: (A) Be protected against flood damage; and (B) Be designed or modified and anchored to prevent flotation, collapse, or lateral movement of the structure; and (C) Use construction materials and utility equipment that are resistant to flood damage, where applicable; and (D) Use construction methods and practices that will minimize flood damage. (E) Within flood -prone areas new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; and (F) Within flood -prone areas new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and on -site waste disposal systems be located to avoid impairment or conta- mination fran then during the flood. 8 -5 -18. Administration, Enforcement, Appeal, Amendments. Complaints and Remedies. Procedures for the administration, enforcement, variances and appeals of the provisions of this ordinance will be in accordance with the Planning & Development Section of the City of Tybee Island Code (Section 8- 5 -16). 14 1 1 00004 8 -5-19. Variance Procedures. (A) The Mayor and Council shall hear and decide appeals and requests for variances fran the requirements rements of this chapter. (B) The Mayor and Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the building inspector in the enforcement or administration strati_on of this chapter. (C) Any person aggrieved by decision of the Mayor and Council or any tax- payer may appeal any decision to Superior Court, as provided for an appeal fran the Probate Court. (D) In passing upon such applications, the Mayor and Council shall con- sider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and 1) The danger that materials may be swept onto other lands to the injury of others. 2) The danger to life and property due to flooding or erosion damage. 3) The susceptibility of the proposed facility and its contents to flood damage and the effect of any damage on the individual owner. 4) The importance of the services provided by the proposed facility to the community. 5) The necessity to the facility of a waterfront location where applicable. 6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. 7) The canpatibility of the proposed use with existing and anticipated development. 8) The relationship of the proposed use to the comprehensive plan and flood plain management for the area. 9) The safety of access to the property in times of flood for ordinary and emergency vehicles. 10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, at the site. 11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. 15 1 ©0065 8 -5 -19 (continued) (D) continued. 12) Generally, variances may be issued for new construction and improvements to be erected on a lot of one -half (1) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections 1 through 11 have been fully considered. As the lot size increases above 1 acre, the technical justification for issuing the variance increases. 13) Upon consideration of the factors listed above and the purposes of this chapter, the Mayor and Council may attach any conditions to the granting of variances it dean necessary to further the purposes of this chapter. (E) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places although these structures may fail scene of the tests herein prescribed. 8 -5 -20. Conditions for Variances. (A) Variances shall be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to reduce unnecessary hardship. (B) Variances shall only be issued upon (1) a showing of good and suffi- cient cause and (2) a determination that failure to grant a variance would result in unnecessary hardship to the applicant and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to the public safety, extraordinary public expenses, creation of nuisances, fraud or victimization of the public, or conflict with existing local laws or ordinances. (C) Any applicant to whan a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (D) The Mayor and Council shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 8 -5-21. Standards for Subdivision Proposals. 16 1 00036'; 8 -5-21 (continued) (A) All subdivision proposals shall be consistent with the need to minimize flood damage. (B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development. 8 -5 -22. Severability. In the event any section, sub- section, sentence, clause or phrase contained in this ordinance shall be declared and adjudicated to be invalid or un- constitutional by a Court of competent jurisdiction, all the remaining portions of this ordinance shall be and remain in full force and effect. ;tau..2.va . CLERK OF COUNCIL First Reading: 10/10/85 Second Reading: )p _23_$j Adopted : f p . �3 _ gS 17