HomeMy Public PortalAbout19880907CCMeeting1
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Tybee Island Planning Commission
September 7, 1988
I. The meeting was called to order by Chairman, John Hutton.
Also present were: Mary McAfee, Loree Anderson, Jimmy
Brown, John Lewis, Tom Hollingsworth and Tommy Clark.
Warren Bell and James LaFavor were absent.
II. Minutes were read.and approved. (Motion by Loree Anderson
2ND by Lewis.)
III. No Correspondence was entered into the record.
IV. Report- of Secretary: Staff time & Expenses
V. Committee Reports: None
VI. Bed & Breakfast: John Lewis, Tommy Clark and Rose E. Lanier
to study the Bed & Breakfast. No vote was taken, deferred
until after study. (Motion Tommy Clark, 2nd Mary McAfee.)
VII. Final Plat Request: Send letters to 9 projects that are
under construction or recently been approved by the
Planning Commission asking for final plat and the as
builts. Loree Anderson made a motion to send letters and
John Lewis 2nd. Include copy of code section with request.
VIII. Master Plan Update: Different parts of master plan were
assigned to each member.
Health: Loree Anderson & J
Parking: Tommy Clark
General Zoning: Tom Hollingsworth
Area City Hall: Mary McAfee
Police & Jail Buildings: Jimmy Brown
Fire Station: John Lewis
Library: James La Favor (Viso Ree.d Par-51 R+eS1-r ° °".'S Stnowers
& : Warren Bel 1!-5. tins -P B1-*I.1'So S
'Art r . Fokc.. `1 SG-a-kr_ R 1 J e.r
Summary of Master Plan by all members to John Hutton
before next meeting, October 3rd, 1988
IX. New Business: Sand Castles Development: Tommy Clark
removed himself from, discussion. John Kern needs to look
at code section 8 -4 -31 Residential Districts and sub section
(d) RT Residential Tourist District on page 690 and page 694
sub Section (k) Schedule of residential District Dimensional
Requirements to see what needs to be presented to the
Planning Commission.
jrb
Jim and Dittie Kluttz made comments on the Bed & Breakfast
issue.
X. The Meeting adjourned.
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C1iapt:p?' 5
FLOOD DAMAGE CONTROL
8 -5 -1. Findings of Fact.
8 -5 -2. Statement of Purposes.
8 -5 -3. Objectives.
8 -5 -4. Definitions.
8-5-5. Adoption of FEMA flood hazard boundary maps, flood
insurance studies and flood insurance rate maps.
8 -5 -6. Compliance.
8 - -5 -7. Abrogation and greater restrictions.
8 -5 -8. Interpretation.
8-5-9. Warning and disclaimer of liability.
8- -5 -10. Penalties for Violation.
8 -5 -11. Development of Coastal High Hazard Areas (V Zone
Areas).
8 5 -12. Requirements for Residential Construction in an A
Zone.
8 -5 -13. Requirements for non - residential construction in
the A zone.
8 -5 -14. Manufactured housing in the A zone and V zone.
8- 5 - -15. Continuance of nonconforming land uses.
8- 5- -16. Elevations to he attached to building permit
applications.
8- 5 - -17. Certificate of occupancy for property in V zone or
A zone.
8 -5 -18. Building permit applications reviewed prior to
issuance.
8- 5 -19.- Administration, enforcement, appeal, amendments,
complaints and remedies.
8-5-20. Variance procedures.
8 -5 -21. Conditions for variance.
8 -5 -22. Standards for subdivision proposals.
Section 8-5-1. Findings of fact.
(a) The flood hazard areas of the city are subject to the
possibility of periodic inundation which could result in the loss
of life, property, health and safety hazards, extvmordtnary
public expenditures for flood protection and relief, and
IIimpairment of the tax base, ali of which adversely affect the
public health, safety and general welfare.
(b) These potential flood losses are increased by the
cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities, and by the existence
in flood hazard areas of uses or occupancies vulnerable to floods
or hazards to other properties which are inadequately elevated,
floodproofed, or otherwise protected from flood damages:
(Ord.No.5 -- ].985, 10- 23 -85)
1.'tt ^t�1R'Iltr =!111 n( i ?I1 }'Iva• -"'.
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 designed to:
(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 floodwaters or which may increase
flood hazards to other lands. (Ord.No.5- 1985,10- 23 -85)
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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 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 floodplains.
(f) To help maintain a stable tax base by providing for the
sound use and development of floodprone areas in such a
manner as to minimize the future flood blight areas.
(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. (Ord. No.5-1985,10-23-85)
n 1. uf.finitint,
Unless specifically defined below, words or phrases used in
this chapter shall he 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,
(h) "Addition ( in e.yi-ting hui3ding)" means any walled
•ond roofed eypan-,ion t- 1),:rimeter of a building in which
the addition is uennected hy eemmon loadbearing wall other
than a fire wall. Any wuiled nd 'oofrd addition which is
eonneeted hy a file c-01 or ir separated by independent
perimeter load-bearing w211- is new construction.
(c) Area of special flood hazard is the land in the
floodplain within a community is subject to a one per cent
chance of flooding in any given year.
(,1) 'Ai oi n rhullow flooding" means a designated AO or VC)
Zone op a community's Need Tn-urance Rate Map (FIRM) with
h;Ise f,n1,1 r thle feet where a clearly
defined ,hannel where the path of flooding
is unpredietuhle rind 1 nd, tele, )111 whore velo-Ity flow
mly c'virIPW"
(e) Base flood means the flood having a one per cent chance
of being equaled or exceeded in any given year.
(f) Basement is an enclosure with floor level below natural
grade on all sides.
(g) Base flood level is the one hundred-year flood
elevation.
(h) Breakaway wall means any type of wall that is not part
of the structural support of the building and which are so
dt7,signed as to break away, uncle, abnormally high tides or
wave action, without damage to the structural integrity of
the building on which it is used.
(i) Building: See "structure."
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(j) Building permit Is the permit as required by the city
planning and development section of the Code of Ordinances.
(k) Coastal high hazard area (V zones) means those areas
that are subject to high velocity waters, including but not
limited to hurricane wave wash. The area is designated on a
FIRM as Zone V -1 -30, VE or V.
(1) Development means any man -made changes to improve or
unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
(m) Existing mobile home parks or subdivision is a parcel of
land divided into two (2) or more mobile home lots for rent
or sale for which facilities were completed prior to
adoption of this chapter or prior to inclusion of property
within city limits.
(n) 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.
(o) 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 of tidal waters, or
(2) The unusual and rapid accumulation or runoff of
surface waters from any source.
(p) Flood Insurance Rate Map means an official map of a
community, on which the Federal Emergency Management Agency
has delineated both the areas of special flood hazard and
the risk premium zones applicable to the community.
(q) "Flood Insurance Study" is the official report provided
by the Federal Emergency Management Agency. The report
contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base
flood.
(r) " Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more
than one foot.
(s) "Floor" means the top surface of an enclosed area in a
building (Including basement), i.e., top of slab in concrete
construction or top of wood flooring in wood frame
construction. The term does not include the floor of a
garage used solely for p:1° 1-ing vehicles.
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(t) "Functionally dependent facility" means a facility which
cannot be used for its intended purpose unless it is located
or carried out in close proximity to water, such as a
docking or port facility necessary for the loading and
unloading of cargo or passengers, shipbuilding, ship repair,
or seafood processing facilities. The term does not include
long -term storage, manufacture, sales, or service
facilities.
(u) "Highest adjacent' grade" means the highest natural
elevation of the ground surface, prior to construction, next
to the proposed walls of a structure.
(v) "Lowest Floor" means the lowest floor of the lowest
enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles,
building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the
structure in violation of the applicable non - elevation
design requirements of this ordinance.
(w) "Mean Sea Level" means the average height of the sea for
all stages of the tide. It is used as a reference for
establishing various elevations within the flood plain. For
purposes of this ordinance, the term is synonymous with
National Geodetic Vertical Datum.(NGVD)
(x) Manufactured home means a structure, transportable in
one 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
include recreational vehicles or travel trailers placed on a
site for 180 consecutive days and installed to be improved
property.
(y) New construction means structures for which the "start
of construction" commenced on or after the effective date of
this chapter.
(z) Sand dunes means naturally occurring accumulation of
sand in ridges or mounds landward of the beach.
(aa) Structure means a walled and roofed building that is
principally above ground, as well as a mobile home.
(1) "Start of construction "(for other than new
construction or substantial improvements under the Coastal
Barrier Resources Act (P.L. 97 -348), includes substantial
improvement, and means the date the building permit was
issued, provided the actual start of construction, repair,
reconstruction, or improvement was within 180 days of the
permit date. The actual start means the first placement of
permanent constructi.on of a structure (including a
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manufactured home) on a site, such as the pouring of slabs
or footings, installation of piles, construction of columns,
or any work beyond the stage of excavation or the placement
od a manufactured home on a foundation. Permanent
construction does not include land preparation, such as
clearing, grading and filling; nor does it include the
installation of streets and /or walkways; nor does it include
excavation for a basement, floorings, 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 part
of the main structure.
(2) Substantial improvement means any repair,
reconstruction or improvement of a structure, the cost of
which equals or exceeds fifty (50) per cent 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
occurred. For the purposes of this definition, "substantial
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 the external dimensions of the structure.
The term does not, however, include either (1) any project
for improvement of 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 the purpose is value of
structure as determined by the Chatham County tax assessor's
office.
(3) 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. (Ord. No.5- 1985,10- 23 -85)
Section 8-5-5 Adoption of FEMA 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 designations
on said map and all explanatory material noted thereon, are
hereby incorporated into this chapter. These maps shall be kept
in custody of that individual to whom the mayor and city council
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 a -e of above office criteria for any area
or structure, the city -411 obtain and make reasonable uses of
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any base flood elevation and floodway data available from a
federal, state or other source in order to administer the
provisions of the ordinance.
Section 8 -5 -6. Compliance.
No structure 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.
Section 8- -5 - -7. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or impair
any existing easements, covenants or deed restrictions. However,
where this chapter and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Section 8 -5 -8. Interpretation.
In the interpretation and application of this chapter all
provisions shall be:
(a) Considered as minimum requirements
(b) Liberally construed in favor of the
governing body
(c) Deemed neither to limit nor repeal any
other powers granted under state
• statutes.
Section 8 - -5 -9. WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased by
man -made or natural causes. This ordinance does not imply that
land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the city
or by any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
Section 8 -5 -10. PENALTIES FOR VIOLATION.
Violation of the provisgions of this ordinance or failure to
comply with any of its requirements, including violation of
conditions and safeguards established in connection with grants
of variance or special exceptions, shall constitute a
misdemeanor. Any person who violates this ordinance or fails to
Icomply with any of its requirements shall, upon conviction
thereof, be fined or imprisoned, or both, in accordance with the
General Penalties Section of this Code of Ordinances, Section 1-
1 -8 and, in addition, shall pay all costs and expenses involved
in the case. Each day such violation continues shall be
considered a separate offense. Nothing herein contained shall
prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation.
Section 8-- 5- -11. DEVELOPMENT OF COASTAL HIGH HAZARD AREAS (V ZONE
AREAS).
Within those areas designated as coastal high hazard areas
by the flood maps, no land below the level of the one hundred -
year floor shall be developed or improved unless the new
improvement shall:
(a) Be located landward of mean high tide, and
(b) Be elevated and secured to anchored pilings or
columns so that the lowest portion of the horizontal structural
members of the lowest floor (excluding pilings or columns) is
elevated to or above the applicable one hundred -year base flood
elevation and the pile or column foundation and structure
attached thereto is anchored to resist flotation, collapse and
lateral movement due to the effects of wind and water loads
acting simultaneously on all building components. Wind and water
loads shall each have a one percent (1%) chance of being equalled
or exceeded in any given year. A registered professional
engineer or architect shall develop or review the structural
design, specifications and plans for the ocnstruction and shall
certify that the design and methods of construction to be used
are in accordance with accepted standards of practice for meeting
the provisions of this section.
(c) Have the space below the lowest horizontal support
member for the lowest floor free of obstructions that the impact
of abnormally high tides or wind - driven water is minimized.
(d) Provide that all new construction and substantial
improvements, within zones V1 -30, VE and V on the community's
FIRM, have the space below the lowest floor either free of
obstruction or constructed with non - supporting breakaway walls,
open wood lattice work, or insect screening intended to collapse
under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion
of the building or supporting foundation system. For the
purposes of this section, a breakaway wall shall have a design
safe loading resistance of not less than 10 nor more than 20
pounds per square foot. Use of breakaway walls which exceed a
design safe loading' resistance of 20 pounds per square foot
(either by design or when so required by local or State codes)
may be permitted only if a registered professional engineer or
architect certifies that the designs proposed meet the following
conditions:
breakaway wall collapse shall result from a
water load less than that which would occur
during the base flood; and,
-ii- the elevated portion of the building and
supporting foundation system shall not be
subject to collapse, displacement, or other
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structural damage due to the effects of wind
and water loads acting simultaneously on all
building components (structural and non -
structural). Maximum wind and water loading
values to be used in this determination shall
each have a one percent chance of being
equalled or exceeded in any given year (100
year mean recurrence interval.)
-iii -. Such enclosed spare shall be used solely for
vehicle parking, building access or storage.
(e) There shall be no fill used as structural support.
Non - compacted fill may be used around the perimeter of a building
for landscaping /aesthetic purposes provided the .fill will wash
out from storm surge, (thereby rendering the building free of
obstruction) prior to generating excessive loading forces,
ramping effects, or wave deflection. The city inspections
department shall approve design plans for landscaping /aesthetic
fill only after the applicant has provided an analysis by an
engineer, architect and /or soil scientist, which demonstrates
that thefollowing factors have been fully considered:
i- Particle composition of fill material does not
tendency for excessive natural compaction;
ii- Volume and distribution of fill will not cause
wave deflection to adjacent properties; and
iii-- Slope of fill will not cause wave run -up or
ramping.
(f) There shall be no alteration of sand dunes which will
increase potential flood damage.
Sert.ion 8- 5- 12. REQUIREMENTS FOR RESIDENTIAIL CONSTRUCTION IN THE
A ZONE.
(a) 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 homes
shall have the lowest floor of such structure, including
basements, elevated to or above the applicable level of the one
hundred -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.
(b) Floodways. Located within areas of special flood hazard are
areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters
which carry debris, potential projectiles and has erosion
potential, the following provisions shall apply:
-i- Prohibit encroachments, including fill, new
construction, substantial improvements and other
developments unless certification (with supporting technical
data) by a registered professional engineer is provided
demonstrating that encroachments shall not result in any
increase in flood levels during occurrence of the base flood
discharge;
-ii- All new construction and substantial improvements
shall comply with all applicable flood hazard reduction pro-
visions of Section 8 -5 -11.
-iii- Prohibit the placement of manufactured homes
(mobile homes) except in an existing manufactured homes park
or subdivision. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or
subdivision provided the elevation requirements and anchoring
standards of Section 8 -5 -14 are met.
(c) For all new construction and substantial improvements,fully
enclosed areas below the lowest floor that are subject to
floodingshall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowed for the entry and exit
of floodwaters. Designs for meeting this requirement must be
either certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria:
-1- A minimum of two openings having a total net area of not
less than one square inch for every square foot of
enclosed area subject to flooding shall be provided.
-2- The bottom of all openings shall be no higher than one
foot above grade.
-3- Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the auto-
matic entry and exit of floodwaters.
Sa•rt ion 8-5-13. REQUIREMENTS FOR NONRESIDENTIAL CONSTRUCTION IN
THE A ZONE.
(a) Within those areas of the municipality designated as special
flood hazard areas by the flood maps, substantial improvements to
existing and to all new construction of nonresidential structures
shall have the lowest floor, including basements, elevated on or
above the applicable level of the one hundred -year flood, or
together with attendant utility and sanitary facilities, such
nonresidential structures shall be floodproofed up to the
applicable level of the one hundred -year flood. As an
alternative to the elevation of nonresidential structures, such
structures may be floodproofed. Floodproofing in lieu of
elevation will be accomplished in conformance with the provisions
outlined in the floodproofing 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 floodproofing is utilized, a Georgia -
registered professional engineer or architect shall develop or
Ireview the structural design, specifications and plans for
construction, and shall certify that all areas of the building
are floodproofed so that the walls are substantially impermeable
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to the passage of water. A floodproofed structure must use
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
The registered professional engineer or architect must certify
that the structure is designed to meet, and that the construction
methods will satisfy, the requirements of Section 8 -5 -13 of this
ordinance.
(b) Areas designated as floodways within areas of special flood
hazard shall comply with the standards set in Section 8- 5- 12(b).
(c) For all new construction and substantial improvements, fully
enclosed areas below the lowest floor that are subject to
flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must be
either certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria:
-1- A minimum of two openings having a total net area of not
less than one square inch for every square foot of
enclosed area subject to flooding shall be provided.
-2- The bottom of all openings shall be no higher than one
foot above grade.
-3- Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the auot-
matic entry and exit of floodwaters.
Section 8 -5 -14. MANUFACTURED HOUSING IN A ZONE AND V ZONE.
(a) All manufactured homes shall be anchored to resist
flotation, collapse, or lateral 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
manufactured home, with one additional tie per side at an
intermediate location on manufactured homes of less than fifty
(50) feet and one additional tie per side for manufactured homes
for fifty (50) feet or more;.
-2- Frame ties be provided at each corner of the home with
four (4) additional ties per side at intermediate points for
manufactured homer less than fifty (50) feet long and one
additional tie for manufactured homes of fifty (50) feet or
longer;
-3 -- All components of anchoring system shall be capable of
carrying a force of four thousand eight hundred (4,800) pounds;
and
-4- Any addition to the manufactured home must be similarly
anchored.
(b) For new manufactured home parks and subdivisions; for
expansions to existing manufactured home parks and subdivisions
where the repair, reconstruction, or improvement of the streets,
utilities, and pads equals or exceeds fifty (509;) percent of the
value of the streets, utilities and pads before the repair,
reconstruction or improvement has commenced; and for manufactured
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homes not placed in a manufactured home 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 manufactured 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:
-i- Lots are large enough to permit steps;
-ii- Piling foundations are placed in stable soil
no more than ten feet apart; and
-iii- Reinforcement is provided for pilings more
than six (6) feet above ground level.
- 4- For all new construction and substantial improvements
in the A zone, fully enclosed areas below the lowest floor that
are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of-floodwaters. Designs for meeting this
requirement must be either certified by a registered professional
engineer or architect or must meet or exceed the following
minimum criteria:
i A minimum of two openings having a total net
area of not less than one square inch for
every square foot of enclosed area subject
to flooding shall be provided.
- -ii -- The bottom of all openings shall be no higher
than one foot above grade.
Openings may be equipped with screens,
louvers, or other coverings or devices pro-
vided that they permit the automatic entry
and exit of floodwaters.
(c) In areas of special flood hazard (V Zones) a registered
professional engineer or architect shall certify that the design,
specifications and pans for construction are in compliance with
the provisions contained in Section 8 -5 -11 of this ordinance. No
fill shall be used as structural support, and all restrictions
found in Section 8 -5 -11 regarding fill shall be followed. No
alteration of sand dunes which would increase potential flood
damage shall be allowed in areas of special flood hazard.
Section 8-- 5 - -15. CONTINUANCE OF NONCONFORMING LAND USES.
Nonconforming land uses will be in accordance with Section
8 -5 -16. There will be no expansions of any nonconforming uses
within areas designated as coastal high hazard areas (V zones)
or in A zones except as per Section 8 -5 -20, "Variances ".
Section 8- -5 -16. ELEVATIONS TO BE ATTACHED TO BUILDING PERMIT
APPLICATIONS.
All building permit applications for the construction of new
structures or the improvement of residential and nonresidential
structures including manufactured housing shall have indicated
thereon the base flood elevation from mean sea level (MSL). The
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building permit should indicate that the as -built lowest floor
elevtion in A zones must be at or above the base flood elevation.
V zone structures must be elevated so that the bottom of the
lowest horizontal structural member is at or above the base flood
elevation. During construction certification of lowest floor
elevation as constructed shall be provided as per Section 8 -5 -17.
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 MSL.
This certificate will meet the "as constructed" elevation
certificate requirements if properly timed by the registered
engineer or architect.
Spr-tion 8-5 17. CERTIFICATE OF OCCUPANCY FOR PROPERTY IN V ZONE
AND A ZONE.
ZONE
V
CERTIFICATION
Elevation of low-
est floor or
structural member
as constructed.
V As constructed,
building is se-
cured to anchored
pilings or columns.
TIMING FOR FILING
Prior to final erection
of horizontal support
for lowest floor
30 days maximum after
completion.
V As constructed, if 30 days maximum after
unfinished enclosed completion.
areas below base
flood exceed 300
square feet, condi-
tions meet V Zone
standards.
A All new construction 30 days maximum after
or substantial im- completion.
provements must show
certification of as-
built lowest floor
elevation.
A Floodproofing com-
plies with all re-
quirements of Sec.
8 -5 -13, to eleva-
tion .(This
Certification re-
quired when flood -
proofing nonresi-
dential structures
in lieu of elevat-
ing to base flood
30 days maximum after
completion.
CERTIFIED BY
GA- licensed
surveyor,
architect, or
engineer.
Engineer or
architect, GA
registered.
Engineer or
architect, GA
registered.
Engineer or
architect,
GA
registered.
Engineer or
architect, GA
registered.
level).
All new construction and substantial improvements in A and V
zones shall use construction materials resistant to flood damage
and shall be constructed with electrical, heating, ventilation,
plumbing and air conditioning equipment and other service
facilities that are designed and /or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding.
Upon receipt of these certifications and after final inspection
of the new construction by the appropriate inspections department
personnel to assure that the construction meets these and other
code requirements, a certificate of occupancy will be issued.
Section 8 -5 -18. 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 designated as flood
hazard areas (A and V zones) by the flood maps, all building
permit applications for new construction or improvement of
residential and nonresidential structures including manufactured
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 designs locating susceptible mechanical & electrical
equipment so that water will not enter or accumulate within
components during condition of flooding.
(d) Use construction methods and practices that will
minimize flood damage; and
(e) Within floodprone areas new and replacement water supply
systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems; and
(f) Within floodprone areas new and replacement sanitary
sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge
from the systems into floodwaters and on -site waste disposal
systems be located to avoid impairment or contamination from
them during the flood.
(g) In flood -prone areas construction materials resistant to
flood damage shall be used.
(h) All new construction and substantial improvements in
flood -prone areas shall be constructed with electrical,
heating, ventilation, plumbing and air conditioning
equipment amd other service facilities that are designed
and /or located so as to prevent water from entering or
accumulating within the componr 's during conditions of
flooding.
SECTION 8-5-19 ADMINISTRATION, ENFORCEMENT, APPEAL, AMENDMENTS,
COMPLAINTS, AND REMEDIES.
Procedures for the administration, enforcement, variances and
appeals of the provisions of this chapter will be in accordance
with the planning and development section of the City of Tybee
Island Code (section 8- 5 -16).
.SECTION 8- -5 - -20 VARIANCE PROCEDURES.
(a) The mayor and council shall hear and decide appeals and
request variances from the requirements 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 of this chapter.
(c) Any person aggrieved by decision of the mayor and
council or any taxpayer may appeal any decision to superior
court, as provided for an appeal from probate court.
(d) In passing upon such applications, the mayor and council
shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this chapter; and
-1- The danger that material 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 for alternative locations, not
subject to flooding or erosion damage, for the proposed use.
-7- The compatibility of the proposed use with existing
and anticipated development.
-8- The relationship of the proposed use to the
comprehensive plan and floodplain 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 floodwaters and the effects of
wave action, if applicable, at the site.
-11- The costs of providing governmental services during
and after flooding conditions including maintenance and repair of
public utilities and facilities such as sewer, gas, electrical
and water systems, and streets and bridges.
-12- Generally, variances may be issued for new
construction and improvements to be erected on a lot of one -half
acre or less in size contiguous to and surrounded by lots with
Iexisting structures constructed below the base flood level,
providing subsections (1) through (11) have been fully
considered. As the lot sip, in ,eases above one -half acre, the
technical justification for issuing the variance increases.
-13- Upon consideration cif the factors listed above and
the purposes of this chapter, the mayor and council may attach
any conditions to the granting of variances it deems 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 some of the
tests herein prescribed.
SECTION 8-5-21. CONDITIONS rPR VARIANCES.
(a) Variances shall be issued upon a determination that the
variances 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 sufficient 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 whom 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.
SECTION 8 5 - -22 STANDARDS FOR ST1BDIVISION PROPOSALS.
(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.
DOPTED THIS 8 H DAY OF
WALTER W. PARKER, MAYOR
ATTEST:
CLERK OF COUNCIL
i
First Union National Bank
of Georgia
699 Broad Street
Post Office Box 1211
Augusta, Georgia 30913
August 19, 1988
City of Tybee Island
Attn: Phyllis Cary
P. O. Box 128
Tybee Island, Georgia 31328
Re: Savannah Beach 72 Account #3078307227
Dear Ms. Cary,
As you know, the Resolution governing this account prov
for investment in a limited list of securities and in B,
or Savings & Loan Certificates of Deposit. We make eve
effort to keep the maximum amount invested, keeping in i
the schedule of cash disbursements.
The securities allowed are typically available in $10,01
minimums and $5,000 increments, but do feature market
liquidity. On the other hand, Certificates of Deposit e
available in any amount, but feature specific maturity
dates, thus limiting liquidity.
To overcome these shortcomings, we have just created a n
vehicle that we call "First Union Public Funds Managemen
Account ". It is equivalent to a Certificate of Deposit
First Union National Bank of Georgia, and is collaterali
according to the requirements of the Resolution and Stat
Law, but with daily withdrawal priviledges. We will
automatically "sweep" increments of $100 into and out of
this account nightly, thus maximizing investment and
liquidity. The account will pay current money market ra
adjusted weekly. Obviously, this will only be used for
small amounts and /or temporary situations, and longer -te:
investments will be the rule.
If you have questions about this vehicle, please let us
know. Otherwise, please indicate your approval of our u:
of this investment for your account by signing and returr
the copy of this letter prepared for that purpose.
Cordially yours, t __
AY/t
E. 9': pauldi
Corp ate Tru
Date: