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HomeMy Public PortalAbout19940512CCMeeting1 1 1 1994- 05 -12. City Council Minutes The Tybee Island City Council held its regular monthly meeting on Thursday, May 12, 1994 at 7:30 p.m. Mayor James P. Locklear presided with the following members of Council present: Katrina Hughes, Jack Youmans, William Remeta, Phil O'Dell and Paul Jackson. City Attorney Edward Hughes was present to give legal advice. Mayor Locklear asked Father Wysong to give the Invocation, which was followed by the Pledge of Allegiance. The first visitor to appear before Council, Chief David Gellatley, of the Savannah Police Department, was introduced by Councilmember Remeta. Councilmember Remeta stated that he has been Police Commissioner for a week and asked former Councilmember Burke Day to come forward for the presentation of the accreditation grant that Chief Gellatley presented to Chief Price. Mr. Michael Bernstein requested a revocable license from the City in order to leave an old playhouse (left over from the ABC school that use to be there 20 years ago) and a gas tank that is on the City right -a -way. The City has this 20 foot easement designated as a fire lane Bernstein stated. Councilmember Hughes asked City Marshal George Bargeron is this posed a hazard? City Marshal said that it sits on the City easement, next to Mr. Bernstein's fence. Mr. Patrick Shay and Ms. Suzanne Beal requested permission from Council for three events for the 3rd Annual Maritime Festival: First Union 10K Tybee Beach Run, Belk Beach Volleyball Tournament, and the Tybrisa Ball to be held July 30 and 31, 1994, on Tybee Island. Councilmember Hughes said that these were some problems with directions in the February marathon. Suzanne Beal said that there would be volunteers from First Union and United Way stationed to give directions. Councilmember Remeta said at the February meeting that it was suggested that the name be change to the Tybee Maritime Festival. Patrick Shay said that is a good point but the stationary and the advertisements were already made up. Mr. Shay stated it would be done for next year.Councilmember Remeta asked why Lewis Avenue is part of the course? Patrick Shay said that the course was drawn by the Police Department and that sidewalks were not a consideration, but he would get back to Chief Price. Ms. Beal said that the volleyball would be held on Spanky's property but would like to place 4 courts on the upper part of the beach. Councilmember Hughes questioned clean up. Ms. Beal said the festival would clean up. Councilmember O'Dell asked who would be putting up nets? Ms. Beal answered they would. The Tybrisa Ball will be located at the North Beach Parking area Dr. Owen O'Shaughnessy introduced himself to Council and the citizens. He explained that his clinic will be open in about 4 weeks, it will be a full service clinic. Dr. O'Shaughnessy said how wonderful it is to be on Tybee. 1 1 1 Mayor Locklear announced that he presented a proclamation to the Nursing Homes last Wednesday for National Nursing Home Week. Mr. Jack Boylston, Chairman of the Beach Volleyball Committee, said the next meeting is set for June 7, 1994 at 4 P.M. at the Community Center on Van Horn. He announced the purchase of the banners for Tybee Volleyball and said that he would like to sanction the Belk Volleyball but will have to wait until the June 7 meeting. Mr. Boylston announced that the Bums Parade will be May 20, with formation in North Beach Parking area. Bill Donaldson, Pat Edenfiled and Jeanne Hutton spoke in support of Mariann Wildi for the Council vacant seat. Mrs. Hutton also requested Council not to address the Charter change on air rights tonight. Mayor Locklear opened the meeting. The first item to come before Council was the Maritime Festival events. Councilmember Jackson moved to approve all three event. Councilmember Hughes seconded. Vote by Council was unanimous. Mayor Locklear opened the Public Hearings for the three petition to come before Council tonight. Attorney Thomas J. Mahoney, Jr., agent for Lourdes Sheehan, presented the request for a minor subdivision for a duplex. Mr. Mahoney stated that the fire wall is in place and has been inspected. Councilmember Youmans moved for approval. Councilmember Remeta seconded. Vote by Council was unanimous. The second Public Hearing was a petition from U. S. Development for site plan review presented by Attorney Hermann Coolidge. Mr. Coolidge stated that all requirements of the code have been met by Mr. Crockett. Councilmember Remeta quoted section 8 -3 -4 under subdivision form the Code book. He stated that it is more involved than just meeting R -T requirement of footage. Remeta said that the Zoning Board of Appeals has been abolished and that the Council is in charge. He said that he went over and measured the street and that it is only 15 feet 1 inch wide and that it was no fault of the Planning Commission for the project being tabled. This needs to be turned back to the Planning Commission to determine how many units can be built. Mr. Coolidge said that no threats were intended when he stated the laws, but that is part of his job to state the facts. Former Mayor Parker said that the Zoning Board of Appeal was encompassed into the Planning Commission with all the powers. Councilmember Youmans said he hates to contradict, but we eliminated the Zoning Board of Appeals and placed the three remaining member on the Planning Commission. Mr. Julian Toporek, Mr. Mike Griffith, Mr Gary Gerhart, Mr. Don Harris, Mr. Carl Looper, and Mr. Jim Kluttz all spoke against the project. A letter from Mrs Louise White was read opposing the rezoning. Attorney Mahoney stated that a lot of emotion are involved, the buck always stops at the Council desk; everyone has stated the reasons they do not want the condos; and they want to reduce the size of the units (we are not talking about apartments). He further stated that there is enough land to build the condos, developers will comply with drainage and all 1 1 requirements; and the Planning Commission has addressed 15 points that have been corrected. Attorney Mahoney stated that proper plans have been turned in to the City; this is no variance, no rezoning; there is no other way except to vote in favor of the planned project; there is no valid reason to deny. Mayor Locklear asked Chairman Frankenhauser for the Planning Commission recommendation. Chairman Frankenhauser not have enough members present. Mayor Locklear asked if there were enough present for a quorum? Chairman Frankenhauser answered yes. Councilmember Remeta requested it be sent back to Planning Commission because several legal questions need to be addressed with the City Attorney present at the meeting. Councilmember Youmans moved for approval of the plan. Councilmember Hughes seconded. Vote by Council was 4 in favor (Hughes, Youmans, O'Dell, Jackson); 1 opposed (Remeta). Councilmember Remeta moved for approval of PUD Plan Revision petitioned by William C. Fleetwood Jr., PIN 4- 2 -23 -3. Councilmember O'Dell seconded. Vote by Council was unanimous. Councilmember Hughes moved to deny revocable license for a gas tank and play house requested by Mr. Michael Bernstein. Councilmember Jackson seconded. Vote by Council was 4 in favor to deny (Hughes, Youmans, O'Dell, Jackson); 1 opposed (Remeta). Councilmember Jackson motioned to elect Mariann Wildi to fill the vacant seat of Burke Day on Council. Councilmember Hughes seconded. Vote by Council was 2 in favor (Hughes, Jackson); 3 opposed (Youmans, Remeta, O'Dell). Councilmember Hughes moved to elected Dennis Counihan. Councilmember Jackson seconded. Councilmember Youmans asked if Mr. Counihan lives at Tybee? Mr. Counihan answered that he has always voted at Tybee and has never moved away, but that he has been working a lot out of town for the past 6 years. Vote by Council was 4 in favor (Hughes, Remeta, O'Dell, Jackson); 1 opposed (Youmans). Councilmember Youmans said that voting has never been done this way before, and the 1993 voting list has nothing to do with this election. On advice from City Attorney Hughes, Mayor Locklear asked that each councilmember write down two names for nomination. Outcome of list was 3 - Dennis Counihan; 3 - Mariann Wildi; 2- Chris Solomon. Vote by Council was 3 for Mariann Wildi (Youmans, Hughes, Jackson); 2 for Dennis Counihan (Remeta, O'Dell). City Attorney Edward gave Mariann Wildi the Oath of Office. Mayor Locklear welcomed Mariann to the Council. Mayor Locklear called a 5 minute break. Mayor Locklear reopened the Council meeting. Minutes of the April 14 and 26th meetings were approved as presented. 1 Bills for the month of April were reviewed, found in order and recommended to be paid as follows: General Government 53,587.87 Police 62,737.67 Fire 22,391.30 Public Works /Sanitation 80,293.09 Recreation /Lifeguard /Parking 17,656.37 Water /Sewer 49,739.01 Councilmember Youmans moved to approve the payment of the balance owned on the construction of the Back River Pier to Georgia DNR in the amount of $19,483.00. Councilmember Hughes seconded. Vote by Council was unanimous. A letter from Mr. Aaron Buchsbaum were read into the minute and is attached to these minutes. A letter of resignation was read by Mayor Locklear from former Councilmember Burke Day. Councilmember Youmans asked that a letter from City Attorney Edward Hughes concerning a charter change concerning air rights be tabled until further study by the Council. Councilmember Jackson seconded saying this information is new to Council and we need time to go over it completely. Vote by Council to table was unanimous. Councilmember Youmans said that we need to look over all ordinances to see which ones this charter change would effect. Councilmember Hughes said that a meeting to discuss this charter change would be set up for the June agenda meeting. City Attorney Hughes said that if Council has any question to please call him. Councilmember Hughes motioned to table the Construction Plan Review Agreement with Chatham County until City Administrator Rowena Fripp is back at work. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Hughes motioned to accept the budget adjustments presented to Council. Councilmember Jackson seconded. Vote by Council was 4 in favor (Hughes, O'Dell, Wildi, Jackson); 2 opposed (Youmans, Remeta). Councilmember Youmans questioned the money that is being placed in a line item named Olympic. Councilmember Remeta also feels that the city should wait until we have the operational costs for the Olympics. Councilmember Youmans made a motion to amend by leaving the Olympic line item out of the budget adjustments. Councilmember Remeta seconded. Vote on the amendment to the main motion was 2 in favor (Youmans, Remeta); 4 opposed (Hughes, O'Dell, Wildi, Jackson). Councilmember Youmans motioned to accept the lowest bid submitted by I Am Construction for the Effluent Pipe in the amount of $44,000.00. Councilmember Remeta seconded. Vote by Council was unanimous. Mayor Locklear explained about the Water Sewer Bond Issue. Councilmember Jackson moved to proceed with the W/S Bond Issue. Councilmember Youmans seconded. Vote by Council was unanimous. 1 1 1 Fire Chief Jimmy Brown presented bids on a new transport vehicle for the Fire Department. Councilmember Youmans moved to purchase a 4 wheel drive vehicle for the lowest price if the money can be found in the budget. Councilmember Wildi seconded. Vote by Council was 5 in favor (Hughes, Youmans, Remeta, Wildi, Jackson); 1 opposed (O'Dell). Mayor Locklear read report from Mallory Pearce, Chairman of the Environmental Committee, to Council and announced that the next meeting will be May 26, 7:30 P.M. at the Tybee Marina. A copy is attached and becomes a part of these minutes. Mayor Locklear asked Police Chairman Remeta that he look into the Robinson Street issue and report back in 15 days. Mayor Locklear asked that Councilmember Remeta chair a committee to look into whether the city needs a liquor board made up of local citizens. Councilmember Youmans said that the 7 of us were elected to do these jobs and that if we did not have the guts to do the job then we should quit. Mayor Locklear said that the reasons for committees is that we don't have the personnel to handle all that needs to be accomplished in running the government, that is why we use citizens. Councilmember O'Dell motioned not to form a Liquor Board. Councilmember Youmans seconded. Vote by Council was 2 in favor (Youmans, O'Dell); 4 opposed (Hughes, Remeta, Wildi, Jackson). Councilmember Jackson motioned to table and discuss. Councilmember Wildi seconded. Vote by Council was 5 in favor (Hughes, Youmans, O'Dell, Wildi, Jackson); 1 opposed ( Remeta). Councilmember Jackson moved to adopt Section 2 -1 -13 (a) Order of Business in order to rescind the ordinance on its second reading. Councilmember Hughes seconded. Vote by Council was 5 in favor (Hughes, Remeta, O'Dell, Wildi, Jackson); 1 opposed (Youmans). (Ord. 1994 -9) Councilmember Hughes moved to adopt Section 8 -4 -22 through 8 -4 -34 Signs on its second reading after City Attorney read captions of the ordinances. Councilmember Jackson seconded. Councilmember O'Dell motioned the following amendments to the ordinances: 1. Billboards stop at 3rd Street. 2. Change 500 feet to 200 feet. 3. Change 10 days to 30 days. Vote by Council on the amendments was 3 in favor (Youmans, Remeta, O'Dell); 3 opposed (Hughes, Wildi, Jackson). Mayor broke tie by voting in favor of the amendments. Vote by Council on the main motion was 5 in favor (Hughes, Remeta, O'Dell, Wildi, Jackson); 1 opposed (Youmans). (Ord. 1994 -10) Councilmember Hughes moved to accept Section 7 -4 -1 through 7 -4 -5 Arts Commission on its second reading. Councilmember Wildi seconded. Councilmember Remeta amended to state that the commission reports to Recreation Committee. Councilmember Jackson seconded. Vote by Council on the amendment was unanimous. Vote by Council on the main motion was unanimous. (Ord. 1994 -11) 1 Section 7 -1 -1 through 7 -1 -4 Special Event Permits were read and passed on its first reading. Councilmember O'Dell motioned to have money put in recreation budget. Councilmember Hughes seconded. Vote by Council was unanimous. Councilmember Jackson moved to adopt Sections 7 -2 -1 through 7 -2 -3 Usage of City owned Building on its first reading. Councilmember Hughes seconded. Vote by Council was 5 in favor (Hughes, Remeta, O'Dell, Wildi, Jackson); 1 opposed (Youmans). As there was no further business to come before Council the meeting was adjourned. Mayor James P. Locklear Clerk of Council, JRB 1 1 PR O C L A M A T I 0 N WHEREAS, Today's nursing homes offer 24 hour medical, nursing, and psychosocial care to the increased number of Americans needing long term care; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, Long term care and nursing home care are an integral part of the community's health care system; and The City of Tybee Island is blessed with two nursing homes to serve the surrounding communities; and The nursing homes providing this service are Savannah Beach and Oceanside Nursing Homes; and These two nursing homes provide such tender loving care on a day to day personal basis to the young and to the elderly residents; and NOW, THEREFORE, I, James P. Locklear, Mayor of the City of Tybee Island, in recognition of the nursing homes in our community and the citizens of our community who reside there, do hereby proclaim the week of May 8 - 14, 1994 as "NURSING HOME WEEK ON TYBEE ISLAND" and urge all citizens to be mindful of the contributions of our nursing homes, their staff, and their residents. IN WITNESS WHEREFORE, I have hereunto set my hand and caused the Seal of Tybee Island to be affixed. This 5th day of May, 1994. Mayor James P. Locklear Clerk of Council, JRB 1 1 State of Georgia Chatham County I do solemnly swear that I will faithfully discharge the duties devolved on me as a councilmember of the City of Tybee Island. Georgia; that I will faithfully execute and enforce the Laws and Ordinances of the City to the best of my ability. skill and knowledge; that I will support and uphold the Constitution and Laws of the United States of America and the Constitution and Laws of the State of Georgia. So help me God. Sworn to and Subscribed before me this 12th day of May. 1994. Edward M. Hughes. Ci y Attorney 8UCHSBAUM,'AND LOWE ATTORNEYS AT LAW 311 WEST BROUGHTON STREET SAVANNAH, GEORGIA 31401 AARON L. BUCHSBAUM ALAN S. LOWE April 18, 1994 Ms. Rowena B. Fripp City Administrator P. 0. Box 128 Tybee Island, GA 31328 Dear Ms. Fripp: 19121234-2581 FAX 1912) 234.4190 Having lived in "town" all my life until last July, I never knew how responsive a municipal administration could be. When we requested a bench swing on 9th Street (as there already were on 8th and 10th Streets), it was installed within a matter of days. When we mentioned to the city that the western end of the dune ramp on 9th Street was pretty far off the ground, making it less accessible to strollers, wagons, etc., within days it was extended. And when we mentioned a nonemergency water - pressure problem at the house, someone was there within less than an hour, changed the connection going into our meter and solved the problem. Please make certain that everyone involved is appropriately acknowledged. But don't do so too publicly,. I don't want everybody in town suddenly to move out to Tybee. Many thanks. Sincerely ou s, Aaron L. B chsbaum hmc 1 1 MEMORANDUM Date: May 5, 1994 From: Ro Fripp To: Mayor & Council Patricia, Vivian, Sallie Subject: Budget Adjustments, etc. These comments are based on the finance statement dated 5/2/94: REVENUE 104000.4025 Personal Property is showing "0" balance. Is this a true balance, or is there PP money in 104000.4000? If so, how can this be corrected? 104000.4035 Fifa is showing a budget of 45,000 but no revenues are being credited to this line item. They need to show, please correct. 105500.5510 P & .I Delinquent Taxes. Showing a budget of $5000 - same as above. 105000.5000 Grants, various. Showing a budget of $42,000 - move $10,000.00 to 105000.5030 Grants, DCA (rename, please) 105000.5000 Grants, various. Move additional $24,000 to 105000.5025 Grants, GA Forestry. (Change description, please) 105600.6000 Cocacola /flower - change description to Marine Science Cntr Delete 105200.5430 Bond fees. Move $300 to accident reports. 104000.4100 Sepco, surplus $12,102.16 to be put into Special Appropriations under a new line item #106064.6127 to be called Olympics. Credit $3500 to 106062.6113 surveys- design- engineering to 106064.6127 Olympics. Palms Up 106064.6115 budget $5,526. 106060.6111 audit credit $811.50 by j.e., charged to Sewer 107126.6111. 106060.9020 small equipment move debit $707.50 to 106060.6500 to make total of $4200 (copier payment). Take from 106060.6020 worker's comp - $2700 & credit whole amount to 106060.6500. 1 1 1 Page Two Move $3,000 from 106061.6122 Contingency to 106060.9010 capital furniture /fixtures (audio equipment). 106060.6116 Holiday Expense, move $1000 to 106060.6114 Hosting Ofc. Move $300 from 106062.6050 Repairs & Maintenance to 106062.6040 Office supplies (truck decals). Move $300 from 106062.6500 small equipment purchases to 106062.6113 survey. Move $200 from misc. 106062.6099 to 106062.6113 survey. Note: $3500 was used from 106062.6113 to pay for an Olympics survey of North Beach. This is being moved to "Olympics ". Add 106062.6115 County Eng. Contract. Add 106062.6116 County Housing Contract. Delete 106170.6129 pension study. Delete 106171.6111; move $25.77 to 106171.6040 office supplies. 106171.9020 capital machine /equipment move $6097 to 106171.6501 Wachovia Debt Service. 106280.6080 move $80 expenditure to 106280.6070. 106280.6121 landscape - GA Forestry - Delete - it's in Special Appropriations. 106280.6122 pier. -- move from 106064.6122 $10,000 & from 105000.5030 move $9,060 into this account. 106280.9040 public restrooms --- take $3000 9040. (PUBLIC DOCK from RESTROOM).6122 beach renourishment & put 106390.6500. SMALL EQUIPMENT PURCHASE MUST BE CORRECTED. 106391.6500 small equipment purchase must be corrected. 106393.6045 move $400 into .6050 (repairs & maintenance). 1 1 1 Page Three Water /Sewer Take $10,000 from 207025.6000 & put into 207127.9090. Take $3500 from 207027.6040 & put into same as above. Take $15,000 from 207027.6350 & put into same. Take $7,000 from 207027.6900 & put into same. Take $5,000 from 207127.6000 & put into same. Take $3500 from 207127.9020 & put into same. Take $1000 from 207027.6099 & $1000 from 207027.6045 and -put $2000 into 207027.6055. Take $800 from 207027.6045 & put into 207027.9050. NOTE: This will probably be a part of the bond issue monies when the Resolution is finalized. 1 Ordinance # 1994 -09 Be it ordained, and it is hereby ordained, by Mayor and Council in Open Meeting assembled that the Tybee Island Code of Ordinances, Chapter 1, Title 2, Section 13 (a) Order of business be deleted in its entirety to read as follows: 2 -1 -13. 00 Ogd g ©Q uoimstiiso (a) The order of business at all regular meetings shall be as follows: (1) Visitors; (2) Open Meetings; (3) Approval of minutes of last meeting; (4) Communications; (5) Approval of bills; (6) Reports of committees; (7) Ordinances, resolutions,and motions; and (8) Adjournment. ADOPTED THIS DAY OF , 199. Mayor James P. Locklear Clerk of Council 1st Reading: April 14, 1994 2nd Reading: May 12, 1994 Enacted: May 12, 1994 [2- 1- 13.dit] 1 1 1 Ordinance # 1994 -10 8 -4 -22 8 -4 -22 STATEMENT OF PURPOSE - SIGNS No sign shall be constructed, altered or maintained within the corporate limits of the city except in conformance with the requirements of this ordinance. The city is both a residential and tourist community. The proper control of signs is therefore of particular importance to both residents and visitors. The right to identify a place must be consistent with the objectives of the community to retain its unique character and economic advantages which rest largely on the quality of its appearance. It is the intent of this ordinance to not only enhance the appearance of the city but also to promote public safety, protection of private and public property, and fair and consistent enforcement of sign control. 8 -4 -23 STATE CODE ADOPTED All signs that are visible from a state highway that is part of the interstate and primary highway system must also conform with the Georgia Outdoor Advertising Law (Official Code of Georgia, Annotated, Section 32 -6 -70, et.seq.) and the rules and regulations of the Georgia Department of Transportation. Where incidents of conflict between the state code and the city code exist the more stringent regulation shall apply. SEC. 8 -4 -24 PERMITS /LICENSES All signs erected, and signs which are altered or repaired at a cost of 50% of the replacement value unless specifically exempted by this ordinance must be permitted and /or licensed by the city. An application for a permit shall be submitted to the city on the form supplied. The following information is required: (1) Name, address and telephone number of applicant (2) Location of building, structure, or lot to which the sign other advertising structure is to be attached or erected. (3) Site Plan showing the position of the sign in relation to nearby buildings or structures. Plan shall be to scale. (4) Specifications setting forth the character of the sign in all its structural parts. (5) Electrical permit if required (6) Wind pressure capacity (Lbs. /Sq.Ft. Horizontal Loads) if applicable. (7) Construction cost of Sign. 1 1 1 1 8 -4 -23 All off - premise business signs are subject to annual business license fees. Each off - premise sign's conformance to this ordinance and the maintenance of the sign shall be reviewed at the time of renewal of the business license. 8 -4 -24. PERMITS /LICENSES All signs not specifically exempted from the permit and /or licensing requirement of this ordinance shall be permitted and /or licensed by the city. An application for a permit shall be submitted to the city and accompanied by the owner's consent, the plans and specifications of the sign in all its structural parts, and by accurate information designating the exact location of the proposed sign. The city shall collect a standard fee for each permit and /or license at the time the permit or license is issued. 8 -4 -25 VARIANCES AND APPEALS Petitions for variances or appeals shall be referred to the Sign Review Committee and handled in the same manner as variances or appeals from the city's technical codes. 8 -4 -26 DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words and derivations shall have the meaning given herein: Animated Sign. Any sign that uses movement or change of lighting, either natural or artificial, to depict action or create a special effect or scene. Banner. Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. Official flags of any institution shall not be considered banners. Building Marker. Any sign indicating the name of a building and date and incidental information about its construction, and is cut into a masonry surface or made of bronze or other permanent material. Bulletin Board. Any sign erected by a charitable, educational or religious institution or a public body, which is erected upon the same property as said institution, for purposes of announcing events which are held on the premises, and contains no commercial message. Canopy Sign. A message painted on or applied to a canopy, awning, or other roof -like structure.' Commercial Message. Any sign wording, logo, or other representation 2 1 1 1 8 -4 -26 that, directly or indirectly, names, advertises, or calls attention to a business, product, service, sale or sales event or other commercial activity. Directional Sign. A sign of a noncommercial nature which directs the reader to the location of public or educational institutions, or to the location of historical structures or areas, or to the location of public parks or buildings. Directory Sign. Signs identifying the name of the development, multi -use activities within shopping centers, office complexes or apartment complexes. Flashing Sign. An illuminated sign on which artificial light or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Freestanding Sign. A sign which is attached to or a part of a completely self- supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary. Handbill. A printed sheet to be distributed by hand. Identification or Information Sign. Signs of an informational nature bearing no advertising. Illuminated Sign. A sign illuminated directly or indirectly by gas, electricity, or other artificial light including reflective or fluorescent light. Incidental Sign. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "telephone," and other similar directives. A sign with a commercial message legible from a position off the lot on which the sign is located shall not be considered incidental. Memorial Sign. A sign or plaque erected in commemoration of a person, place or event. Non - Conforming Sign. A sign existing at the effective date of the adoption of this Ordinance which could not be built under the terms of this ordinance. Off - Premise Sign. A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. The term off - premise sign shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of convening a commercial or noncommercial message. Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels. Signs converted to A- or T- frames; menu and sandwich board signs; balloons used as a sign; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right -of -way, unless said vehicle is used in the normal day -to -day operations of the business. 3 1 1 1 8 -4 -26 Projecting Sign. Any sign that shall be affixed at an angle or perpendicularly to the wall of any building in such a manner to read perpendicularly or at an angle to the wall on which it is mounted. Roof Sign. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Temporary Sign. A non - permanent sign erected, affixed, or maintained on a premises for a short, usually fixed period of time. Wall Sign. A single faced sign which is in any manner attached or fixed flat to an exterior wall of a building or 'structure. Individual letters in addition to the "box type" (i.e., letters and symbols on an attached backing) sign may also be installed as a wall sign. Window Sign. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, c commodity, event, sale or service, that is placed inside a window or upon the window. 8 -4 -27 COMPUTATIONS The following principles shall control the computation of sign area and sign height. (a) Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, color, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets these or other Ordinances or Regulations and is clearly incidental to the display itself. (b) Computation of Area of Multi -Faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. (c) Computation of Height. The height of the sign shall be computed as the distance from 'the base of the sign at normal grade to the top of the highest attached component of the sign. Normal 4 1 1 8 -4 -29 grade shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive on any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower. 8 -4 -28 TRAFFIC SAFETY No sign as regulated by this Ordinance shall be erected or continued to be displayed at the intersection of any street or any public right -of -way in such a manner as to obstruct free and clear vision; or at any location, by reason of the position, shape, color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words, "STOP', "LOOK', "DRIVE -IN ". "DANGER ", or any other word, ,phrase, symbol or character in such manner as to interfere with, mislead, or confuse traffic. 8 -4 -29 GENERAL ENFORCEMENT REGULATIONS (a) If upon inspection the sign is unsafe, obsolete /abandoned, or in a dilapidated condition or has been altered and is now in violation of this ordinance or upon failure of the sign owner, lessee, or property owner to comply with said ordinance, the City Inspector shall give written notice of intent to obtain a Removal Order, by registered mail, to the sign owner, lessee, or property owner. Said written notice will inform the appropriate parties of: 1. The nature of the violation; 2. The applicable ordinance or ordinances controlling; 3. Notice to be and appear at the next regularly scheduled meeting of the Sign Review Committee to show cause why said sign should not be subject to a Removal Order. (b) Issuance of Removal Order The Sign Review Committee shall issue a Removal Order: (1) Upon failure of the-sign owner, lessee or property owner to appear at the date and time of the Sign Review Committee's 5 1 1 8 -4 -29 hearing without justifiable cause, or (2) upon hearing and by majority vote of the Committee, the sign is found in non - compliance with the appropriate ordinances. (c) Execution of Removal Order Upon issuance of the Removal Order the affected parties shall have thirty (30) days (Amendment 4) to bring the sign into compliance with the appropriate ordinances or exercise their right to appeal pursuant to Section 8 -4 -25. If the parties fail to comply or appeal within the thirty (30) day period, the City is authorized to cause removal of such sign, and any expense incurred in such removal shall be charged to the property owner upon which the sign is located or attached and shall constitute a lien upon the property. (d) Definition of "Remove" For the purposes of this ordinance, the word remove "remove" shall mean: (1) The sign face, along with posts, columns, or supports of freestanding signs, shall be taken down and removed from the property. (2) The sign face and supporting structures of "projecting," "roof," or "wall" signs shall be taken down and removed from the property. (3) The sign face of "painted wall signs" shall be removed by painting over the wall sign in such a manner as to completely cover up and hide from sight the sign in question. (e) Obsolete /Abandoned Signs In the event a business does not renew its business license, the sign owner shall immediately remove any sign, identification or advertising of said business, or any product sold thereby; provided, however this requirement shall not apply where under the provisions of this chapter, an existing conforming sign may be altered to advertise a new business or product sold thereby, and there is evidence that a new business will be in operation on the premises within sixty (60) days. (f) Non - Conforming Signs If a sign displayed is found to be non - conforming (signs 6 1 1 1 8 -4 -30 exempted by Section 8 -4 -34 excluded) the owner, lessee or property owner upon which the sign is located or attached shall be given written notice of intent to obtain a Removal Order by the City. (g) Unsafe Signs If a sign displayed is found to be unsafe or insecure, the owner, lessee or property owner upon which the sign is located or attached shall be given written notice of the intent to obtain a Removal Order by the City. If in the opinion of the Building Enforcement Officer, the sign constitutes an immediate peril to persons or property, the City is authorized to cause immediate removal of said sign, and the expense thereof, shall constitute a lien upon the property upon which said sign is located or attached. (h) Restricted signs The following signs are not permitted under the provisions of this ordinance. (1) Banners unless exempted by SEC. 8 -4 -30 (2) Portable signs unless permitted under temporary use SEC 8 -4 -30.3 (g) (3) Flashing and /or animated signs (4) Signs erected on or located on any street or public right - or -way, curb, curb stone, hydrant, lamp post, trees, barricade, temporary walk, utility pole, or public fence. (5) Signs with revolving or rotating beams of light. (6) Handbills 8 -4 -30 EXEMPTIONS; SIGNS NOT REQUIRING PERMIT /LICENSE Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with certain applicable provisions of this chapter. The exemptions shall apply to the requirement for sign permit only, and no sign permit shall be required for the erection of the following signs: (1) One sign not exceeding four (4) square feet per residential use indicating a resident's name and street address of the premises. (2) Traffic or other municipal signs, historic markers, legal notices not exceeding sixteen (16) square feet in sign area, danger, and such temporary emergency or non - advertising traffic control - guidance signs as may be approved by the city, or mandated by state or federal law. The city and state can not be hindered in its right to erect signs in its public safety role. (3) Signs not exceeding thirty -two (32) square feet in sign area 7 1 1 1 8 -4 -30 and used in connection with political campaigns or a locally sponsored civic, cultural, health, safety or welfare campaign, provided that all such signs shall be removed within fourteen (14) days of the event or campaign. Such signs shall be located on private property. (4) Names of buildings, date of erection and commemorative tablets when cut into any masonry surface and made a permanent and integral part of the building. (5) Memorial signs or plaques not to exceed four (4) square feet in sign area. (6) Bulletin boards for public, charitable, educational, or religious institutions not to exceed fifteen (15) square feet; provided, such sign is located on the premises of said institution. Such sign shall be placed flat against the principal use structure or not less than five feet from any property line. (7) Signs identifying the architect, engineer, developer or contractor when placed on the site under construction, alteration, or removal not to exceed six (6) square feet when located within or facing residential zones and not to exceed thirty -two (32) square feet when located in commercial zones. All such signs shall be removed from the site within seven (7) days after issuance of a certificate of occupancy. (8) One temporary non - illuminated real estate sign for each street frontage advertising only the sale, lease, or rental of the premises or property upon which said sign is located. For residential zones, such signs shall not exceed six (6) square feet in sign area; except, where multi -use establishments are involved then such sign may be increased in size to sixteen (16) square feet. Such signs shall be placed no closer than five feet from the street right -of -way line or shall be attached to the principal use structure. For commercial zones, the signs shall not exceed thirty -two (32) square feet in sign area and shall be placed no closer that ten feet from the street right -of -way line or shall be attached to the principal use structure. All such signs shall be removed within seven days after the property has been sold or rented. (9) Window signs on or within windows relating to the business conducted therein; or to nonprofit civic or charitable organizations. (10) Canopy signs (11) Banners not exceed thirty -two (32) square feet in residential zones and one hundred and sixty feet in commercial zones when used in connection with political campaigns or a locally sponsored civic,cultural, health, safety or special event. Banners shall be placed no earlier than thirty (30) days prior and removed within two (2) days of the completion of the campaign, event or exhibit. No banners shall be erected over any street, lane or highway of the City, nor shall a banner be attached to any tree or utility pole. 8 1 1 1 8 -4 -30.2 8 -4 -30.1 DESIGN STANDARDS (a) Illumination. Illumination devices, such as but not limited to floodlights or spotlights, shall be so placed and so shielded as to prevent the rays or illumination from being cast into neighboring dwellings and approaching vehicles. All electrically wired signs shall require an inspection upon installation and will be monitored periodically by the city. (b) Wind Pressure. Signs shall be capable of withstanding the horizontal loads shown in the following table and applied in each zone, allowing for wind from any direction. The first height zone shall be measured above the average level of the ground adjacent to the sign and the subsequent height zones shall be added progressively upward in the overall height of the building. Height Zone (feet) Lbs. /Sq.Ft. Horizontal Loads Less than 30 29 31 - 50 33 8 -4 -30.2 RESIDENTIAL SIGNS For all residential uses, only the following signs are hereby allowed and then only when an accessory and incidental to a permitted use: a. Building name and address sign as described in SEC. 8 -4 -30 (1) &(4) b. Historical markers, traffic of other municipal signs, legal notices as described in SEC. 8 -4 -30 (2) c. Memorial signs or plaques as described in SEC. 8 -4 -30 (5) d. Bulletin boards as described in SEC. 8 -4 -30 (6) e. Development signs as described in SEC. 8 -4 -30 (7) f. Window signs as described in SEC. 8 -4 -30 (9) g. Banners as described in SEC. 8 -4 -30 (11) h. Permanent Subdivision Sign: (1) Shall not exceed twenty -four (24) square feet in area. (2) Shall not exceed one (1) sign per roadway entrance to the subdivision. (3) Shall be limited to the name of the subdivision address and developer name or logo. (4) May be externally illuminated. (5) May be located within the right -of -way with approval, subject to site plan or subdivision review. 9 1 1 1 8 -4 -30.3 8 -4 -30.3 COMMERCIAL SIGNS For all commercial uses, only the following signs are hereby permitted and then only if accessory and incidental to a permitted use. a. Wall Signs. (1) Number. There shall be not more than one (1) wall sign for each principal building except where the building abuts two (2) or more streets, one (1) wall sign oriented to each abutting street shall be permitted. (2) Area. The gross surface of a wall sign shall not exceed ten (10) percent of the area of the building wall, including doors and windows, to which the sign is to be affixed or two hundred (200) square feet, which ever is smaller. (3) Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or twenty (20) feet, as measured from the base of the building wall to which the sign is to be affixed, whichever is lower. (4) Special Conditions. Where a principal building is devoted to two (2) or more permitted uses, the operator of each such use may install a wall sign upon his /her proportionate share of the building wall to which the sign is to be affixed. The maximum gross surface area of each such wall sign shall be determined by calculating the proportionate share of the area of the building wall, including doors and windows, to which the sign is to be affixed and applying such proportion to the total permitted wall sign aggregate gross surface area for the building. b. Freestanding Signs. (1) Number. There shall be not be more than one (1) freestanding sign for each principal building. (2) Height & Size. Class Minimum Maximum Maximum Street Frontage Size Area Height Speed Limit (ft) (sq ft) (ft) I 0 -20 mph 50 10 12 II 20 -35 mph 80 -150 20 12 150+ 50 20 III 36 -54 mph 150 60 25 In the event that there is more than one principal use, the sum 10 1 1 1 8 -4 -30.3 total for each sign shall not exceed the maximum size allowed per building. c. Projecting Signs. (1) Number. For all principal uses occupying one hundred twenty (125) or less linear feet of street frontage, "projecting" signs shall be permitted one (1) square foot of display area per sign face per linear foot of frontage occupied by each principal use; provided, that a maximum sign area of forty -five (45) square feet shall be permitted per sign face for each projecting principal use sign allowed. For all principal uses with building frontage exceeding one hundred twenty -five (125) linear feet, one additional foot of sign area shall be allowed for each additional foot of building frontage occupied over one hundred twenty -five (125) feet; provided, such sign shall not exceed one hundred seventy -five (175) square feet in area. (2) The outer edge of a projecting sign shall not extend more than six (6) feet from the building to which it is attached. (3) The height of a projecting sign shall not extend above the parapet wall of the building of the building, and the lowest point of the projecting sign shall not be less than ten (10) feet above the established grade. d. Roof Mounted Sign. Roof mounted signs shall not extend above the peak of the roof or four feet above a flat roof. e. Service Island Identification Signs. Service island identification signs indicating the type of service offered, the price of gasoline, and other relevant information or direction to persons using the facility but containing no advertising material of any kind shall be subject to the following: (1) Type. Service island identification signs may be either wall or freestanding signs. (2) Number. There shall not be more than one (1) service island identification sign for each service or pump island located on the premises. (3) Area. The sign area of a service island indentification sign shall not exceed twelve (12) square feet. (4) Height. A service island identification sign shall not project higher than fifteen (15) feet. f. Directory Sign - Multi -use businesses areas. (1) Number. One sign shall be permitted for shopping center or office complex. No other freestanding sign shall be permitted. (2) Size. The sign shall be permitted one -half square foot of sign area for each foot of lot frontage provided such sign shall not exceed two hundred fifty (250) square feet or twelve (12) square feet per use, which ever is greater. g. Temporary Sign 11 1 1 1 8 -4 -30.3 (1) Number. One temporary sign shall be permitted per establishment. (2) Size. The sign shall be no more than thirty -two square (32) feet in sign area. (3) Time. The sign shall be displayed for no more than fourteen (14) days. (4) Permit. The establishment (5) Location. Temporary shall be located on the lot upon which the special, unique, or limited activity, service product, or sale is to occur. 8 -4 -30.4 OFF PREMISE SIGNS (1) Off - premise signs shall be permitted in C -2 zone only. (2) There shall not be less than two hundred(200) (Amendment 3) feet between signs located on the same side of a street, road or highway. (3) The sign shall not exceed an area of 192 square feet. (4) Off - premise signs shall not be located as to obstruct the visual display of any existing principal use sign. (5) Off - premise signs shall setback from the street - right -of -way line a distance of at least fifteen (15) feet. (6) Off - premise signs shall not exceed twenty -five (25) feet in height. (7) Off- premise signs must comply with the Coastal Marshlands Protection Act of 1970, SEC: 12 -5 -288 (b -4) which restricts the construction of structures in the marsh and the obstruction of the marsh view by signage. (8) Off - premise signs with a back exposed to view in whole or in part shall have the back of such sign covered, screened, or painted to blend in with the surrounding ame. (9) Billboards will stop at Third Street. (Amendment 2) 8 -4 -30.5 NONCONFORMING SIGNS (1) General. Any sign which by its height, area, and location does not conform to the requirements of this ordinance shall be termed nonconforming. (2) Alterations to Non - Conforming Signs. No nonconforming sign shall be structurally altered or moved, unless brought into conformity with the requirements of this ordinance, except that such signs may have normal maintenance including repainting or changes in copy. (3) Continuation and Removal. All non - conforming signs that were properly permitted and existing before the effective date of this ordinance may continue in use in accordance with the other provisions of this ordinance. (4) Damage. No non-conforming sign that has been damaged by more than fifty (50) percent of the fair market value 12 1 1 8 -4 -30.5 of the sign immediately prior to damage, shall be restored, except in conformity with the regulations of this ordinance. 8 -4 -30.6 SIGN REVIEW COMMITTEE There is hereby created a Sign Review Committee to hear, decide, and make recommendations to the City Council regarding appeals to and variations from the provisions of this ordinance. (1) Membership. The sign variance committee shall be composed of seven voting members (Amendment 1) appointed by the City Council. One (1) member shall be elected as chairperson by the committee. Each member shall serve a term of three(3) years, at which time they may be reappointed or replaced by the City Council. (2) Hearings & Meetings. All hearings and meetings of the Sign Review Committee shall be open to the public. (3) Rules & Procedures. Roberts Rules of Order shall act as the rules procedure for the Sign Review Committee. Requests & petitions shall be handled in the same manner as variance requests from other city technical codes. (4) Jurisdiction. (a) Appeals. The Sign Review Committee is vested with the authority to hear all appeals from citizens,or order, requirement, decision, determination, or interpretation of the City of Tybee Island's code enforcement staff and make recommendations for the disposition of such appeals to the City Council. (b) Variances. The Sign Review Committee is vested with the authority to review signage and to hear all requests for variances to the provisions of this ordinance and make written recommendations for the granting and denial of such requests to the City Council. 8 -4 -30.7 PENALTIES It shall be unlawful to violate any of the provisions of this Ordinance and any violation thereof shall be acted upon as set forth in Sec. 1 -1 -8 General penalty of the Tybee Island Code of Ordinances. 8 -4 -30.8 CONFLICTING ORDINANCES All ordinances or parts thereof in conflict with this ordinance are hereby repealed to the extent of such conflict. (Ord # 1994 -10; 4/14/94; 8 -4 -22 through 8 -4 -30.8) Clerk of Council Enacted: 5/12/94 13 Mayor James P. Locklear 1 1 Ordinance # 1994 -11 7 -4 -1 CHAPTER 7 -4. FINE ARTS 7 -4 -1. Created. 7 -4 -2. MEMBERSHIP, APPOINTMENTS, TERMS OF OFFICE, QUALIFICATIONS, COMPENSATION. 7 -4 -3 OFFICERS, MEETINGS, MINUTES, PROCEDURES. 7 -4 -4 POWERS AND DUTIES. 7 -4 -5 CITY ADMINISTRATOR TO WORK WITH THE COMMISSION 7 -4 -1. Created. A fine arts commission for the City of Tybee Island is hereby created which shall be known as The Tybee Island Fine Arts Commission. 7 -4 -2. MEMBERSHIP, APPOINTMENTS, TERMS OF OFFICE, QUALIFICATIONS, COMPENSATION. (a) Membership and Appointment: The Tybee Island Fine Arts Commission shall consist of nine (9) members who shall be appointed by the Mayor and Council. (b) Term of Office. The term of office for each member shall be three (3) years, except that of those first appointed, three shall be appointed for one (1) year, three for two (2) years and three for three (3) years. When the terms of the first appointed shall expire, all successors shall be appointed for three -year terms which shall begin February 1st and expire January 31st of the appropriate year. (c) Qualifications of Members. In selecting persons for appointment to the Commission, the Mayor and Council shall endeavor to provide representation from public and private educational institutions, from business and industry, and from such other groups and citizens as will provide a Commission representative of the entire community. Persons selected for appointment shall not be a paid staff member of the city or of an art agency, but shall have an interest in the arts and in programs to use the arts to enhance the quality of life in the community. (d) Compensation. Members of the Commission shall not receive compensation for service. 1 1 1 7 -4 -3 7 -4 -3 OFFICERS, MEETINGS, MINUTES, PROCEDURES. The Fine Arts Commission shall elect one of its members as chairperson for a one -year term. The Commission may elect other officers as it deems appropriate. Meetings shall be held as often as the Commission shall decide but not less frequently than once each quarter. The Council shall keep minutes of its proceedings showing the matters discussed and the action taken on each matter. 7 -4 -4 POWERS AND DUTIES. The Tybee Island Fine Arts Commission shall be an advisory council and shall submit its findings to the Mayor and Council. The Commission shall direct its attention to the following matters: (a) It shall assist the city in developing a comprehensive plan for the arts in the community; (b) It shall help encourage and promote joint community events by the various arts groups in the community; (c) It shall identify community arts needs and suggest programs to meet these needs; (d) It shall encourage the use of the arts in various public service activities and to encourage the use of the arts to improve the aesthetic quality of public buildings and public places; (e) It shall help organize and promote arts programs that will be directed toward improving the quality of life in the community; (f) It shall study and recommend programs through which the arts can be made accessible to the elderly, the handicapped and others with special needs; (h) It shall help to develop information and materials about the arts in the community that can be included with other promotional materials distributed by those agencies in the community involved with economic development. 7 -4 -5 CITY ADMINISTRATOR TO WORK WITH THE COMMISSION The City Administrator shall provide staff to meet with the Fine Arts Commission, shall supply it with such information as it needs in its deliberations, and shall perform such other duties for the Commission as the Mayor and Council shall approve. Clerk of Council Mayor James P. Locklear- 2 Enacted: May 12, 1994