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HomeMy Public PortalAbout19950712SCMeeting1 1995- 07 -12. Special Council Meeting Mayor Locklear called the Special called meeting to order with the following members of Council present: Katrina Hughes, Jack Youmans, William Remeta, Phil O'Dell, and Mariann Wildi. Mayor Locklear said that the purpose of this meeting was the 2nd reading on the proposed Zoning Ordinances. Mayor Locklear thanked the audience for their staying powers for attending five other meetings. Councilmember Hughes motioned to dispense with the literal readings. Councilmember Youmans seconded. Vote by Council was unanimous. Mayor Locklear opened and closed each part as according to the public hearing procedures. Article I Introduction - Hughes moved to adopt as written with the addition of a severability clause. Youmans seconded. Vote by Council was unanimous. Article II Definitions - Youmans moved to approve with the following changes: insert Artificial Light; Beach; Carport; (31) delete "as defined by the laws of the State of Georgia" on the advice of the City Attorney; insert Dune; Floodlight; Lot of Record; Low Profile Luminary; (103) Setback: change the word walls to edges and change the left diagram arrow to show measurement from the eaves of structure; (105) signs delete n. home occupation sign; (109) insert Beginning of work under a permit; (121) Variance change to "An authorization from Mayor and Council granting permission to depart from the literal enforcement of this chapter ". Hughes 2nd. Vote by Council unanimous. Article III General Provisions - Youmans moved to delete Section 2 Continuance of Nonconforming Uses in its entirety and replace with wording from City Attorney for the 1st reading. Remeta 2nd. Vote by Council unanimous. Hughes moved to adopt Section 4 Substandard Lots of Record on its first reading by inserting language provided by the City Attorney. Wildi 2nd. Vote by Council unanimous. Hughes moved for 2nd reading. Wildi 2nd. Vote by Council unanimous. Youmans moved to adopt on 2nd reading. Hughes 2nd. Vote by Council unanimous. Section 5 - original from last month. Section 6 Bed & Breakfast Regulations (B) delete first sentence. Section 7 Accessory Structures (B)(1) delete and replace with "(1) No detached building shall extend beyond the building line of the principal structure. Add the wording Section 9 Schedule of Development back into text. Youmans moved to approve with new wording with a cap of 50 feet in Section 9 (c) Building above 35 feet. Hughes 2nd. Vote by Council was 2 in favor (Youmans, Hughes); 3 opposed (Remeta, O'Dell, Wildi). Remeta move to approve with additional language to read "If a variance is granted by Mayor and Council for a structure over 35 feet in height in no event shall a building permit be granted 1 1 1 without the following restrictions ". O'Dell seconded. Voting in favor (Remeta, O'Dell, Wildi); opposed (Hughes, Youmans). Article III General Provisions Sections 10 through 19 - no changes made from the first reading. Article III General Provisions - Section 20 Decks, Patios, Carports. Hughes - moved to delete Carport form Section 20 and add as separate section number 21 Carports to read "Carports may be placed anywhere in the property boundaries." Remeta seconded. Vote by Council was unanimous. Section 22 Communication Equipment (d) delete "to withstand a wind velocity of not less than one hundred and twenty -five (125) miles per hour." and insert "according to FCC standards ". Sections 23 and 24 no changes since first reading. Remeta moved to adopt Article III General Provisions on it second reading to include all additions and deletions. O'Dell seconded. Vote by Council was 4 in favor (Hughes, Remeta, O'Dell, Wildi); 1 opposed (Youmans)(because he does not agree with some things in the article). Article IV Zoning Districts - Byers stated that chart will be in the completed version. Kulttz asked if the chart will legally stand with setbacks, etc. Byers said it just listed allowed uses in districts. Jim Kluttz asked what discretion does City Council have. Byers answered that criteria is set to meet for review. Youmans stated that this ordinance was not suppose to change as it has been done, only to clear up grey areas. Youmans questioned PUD moving to delete wording in (K) and replace with our present ordinance concerning PUD. O'Dell seconded. Vote by Council was unanimous. Hughes moved to table (G) N -M Neighborhood Marina District on the advise of the City Attorney. Wildi seconded. Vote by Council was unanimous. Hughes moved to accept Article IV as amended. O'Dell seconded. Vote by Council was unanimous. Article V Procedures for Administration and Enforcement - Section 4 Application for Permits or Actions under this Ordinance - (D) Additional Application Requirements for a Zoning Variance - last paragraph to read "No Application for same type of variance request, which has been previously denied, shall be accepted by the Zoning Administrator until the expiration of a least 6 months immediately following the defeat by Mayor and Council of such variance request "; (G) Additional Application Requirements for Land Subdivision Approval (2) Preliminary Plan to read (first sentence) Before work shall begin to open a subdivision, eight (8) prints of a preliminary plan, etc. Section 6 Public Hearing Requirements (a) (3) change words in last sentence from in favor of to "regarding "; (4) delete "regardless of whether such council member speaks in favor of or in opposition of the proposed zoning decision "; change words in favor of to "in regards of" in the last sentence; (6) delete. Section 9 (A) Standards change to Standards for Dimensional Variance; (b) add the first sentence to read In addition to satisfying the conditions of Section A for residential /commercial height variance, etc; Change (C) TO (D) and (D) to (C); (C) # 10 to read The proposed variance is 1 1 1 consistent etc.; Make the bold print (E) take Use out and insert variance. O'Dell moved to accept Article V with all changes so stated above. Youmans seconded. Vote by Council was 3 in favor (Hughes, Remeta, Jackson); 2 opposed (Youmans, Wildi). O'Dell moved to accept Article VI Sign Regulations as read with formula added and no further bill boards. Died for lack of a second. Youmans moved to accept Article VI Sign Regulations as read with the addition of the formula that will be provided by Mr. John Hutton. Wildi seconded. Vote by Council was 4 in favor (Youmans, Remeta, Wildi, Jackson); 1 opposed (Hughes). Hughes moved to accept Article VII Tree removal Regulations. O'Dell seconded. Vote by Council was 4 in favor (Hughes, Remeta, Jackson, Wildi); 1 opposed (Youmans). Hughes moved to accept Article VIII Flood Damage Control. Youmans seconded. City Attorney Hughes stated that variances are not crossed referenced in Section 17. Vote by Council was unanimous. Hughes moved to accept Article IX Building Regulations. Remeta seconded. Vote by Council was unanimous. Hughes moved to accept Article X Subdivision Regulations. Youmans seconded. Vote by Council was unanimous. O'Dell moved to accept Article XI as written. Remeta seconded. Hughes said that if membership is only for residents of the City then all committees should be done the same way. Vote by Council was 3 in favor (Remeta, Jackson, Wildi); 2 opposed (Youmans, Hughes). As there was no further business the meeting was adjourned. Clerk of Council, JRB Mayor James P. Locklear