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HomeMy Public PortalAbout19960808CCMeeting1 1 1996- 08 -08. City Council Minutes The Tybee Island City Council held its regular monthly meeting on Thursday, August 8th, 1996 in the City Hall Auditorium. Mayor Walter W. Parker presided with the following members of Council present: Ed Merves, Jack Youmans, William Remeta, Michael A. Hosts, Mariann Wildi, and Mallory Pearce. City Attorney Edward Hughes and City Manager were present. Reverend Lee Bennett gave the invocation with the Pledge of Allegiance following, led by the Mayor. Mayor Parker presented Katrina Hughes with a lovely plant, stating that Tybee is fortunate to have people who volunteer. Ms. Hughes who is trained in Emergency Management came to City Hall during the threat of Hurricane Bertha and manned the phones. Coach Jerry Hudson and Coach Johnny Price presented a trophy to the City from the 14 and under Tybee Rebel Pony League Baseball team who won the 1996 Savannah Division. Coach Hudson introduced the following three players: James Lucas who stole 27 bases during the season; Sean Price with a batting average of 450; John Harden who got on base 24 times out of 36 at bats. Mrs Kathryn Williams of the Environmental Committee gave Council a brief update and handed out minutes from the committee meetings. Mrs. Williams said that she commends DPW for trash pick up on the beach. The committee would like permission to investigate the language for the beach rule signs and the replacing of same. Mrs. Williams now representing the Marine Science Center requested that the City waiver the lease payment for 1996, stating that this has been a bad season because of the construction of the pier. If the waiver is granted the MSC would purchase a much needed computer. Mayor Parker opened the following public hearings, asked for comments, and closed each one according to law: 1. 1996 Millage rate. City Manager Farmer explained that the millage rate needs to be set in order to bill for the second half of 1996 taxes. No one spoke for or against. 2. Mr. Ed Cawley of 14 Pulaski presented his petition for an extension for non - conforming use stating that lot size and placement of the house are the reasons. Mr. Cawley said with the second and third floor it will be under the 35 foot height limitation. Councilmember Youmans questioned a setback variance. Mr. Cawley said that this is a continuance of the variance. 3. Attorney Tom Mahoney, Jr. requested Council to grant a variance for lot reduction to Frank Koncul at the location of 15 - 21 Taylor. Mr. Mahoney explained that Mr. Koncul would like to take the 5 substandard lots of record and recombine into 3 lots in the R 1 district. Mr. Mahoney stated that each lot would be 90 to 91% of the required 12000 square feet and that there are no trees to cut down but that Mr. Koncul plans to plant 30 trees. Mr. Mahoney said that the shape of the lots is a hardship and that Mr. Koncul could build on each one but because of the setback requirement it would be impossible. The 3 lots would be 10,842 square foot per lot and Mr. Koncul could build three nice family residents. Councilmember Youmans asked if a survey on the lots in question was ever recorded. Mr. Mahoney said that he was not familiar with that information but that if it has been surveyed and recorded then he would like Council to consider dividing the 1 lot into the 3 that is being petitioned for by Mr. Koncul. Councilmember Pearce said that without asking for a variance that Mr. Koncul could have two lots and that there is a significant tree on property. Mr. Mahoney said that with two lots that you might not be able to face the homes toward the ocean view and there would be a hardship in drawing the line. Mr. Mahoney explained that the lots would be expensive to sell and would need a large house built on them to do justice to the property. Councilmember Hosti asked since there are 5 lots can't 5 homes be built. Mr. Mahoney said that they could not comply with the setback requirements. Councilmember Pearce asked Mr. Koncul if he bought the property as one lot. Mr. Koncul said the property is under contract as five individual lots. Cullen Chambers, Director of the Tybee Island Historical Society, said that he does not want to speak against Mr. Koncul because he has been a good friend to the Lighthouse but he feels that the hardship is more like aesthetics. Mr. Chamber asked Council to play by the rules they have adopted and that green space is important for the island. 4. Mr. Earl Woods petitioned Council to approve his site plan review for 4 townhouses at #10 15th Street. City Manager Farmer said that there is only one shortcoming as far as Chatham County engineering is concerned and that is the driveway. Mr. Dick Smith, Planning Commission member, stated that there are four individual driveways. Councilmember Remeta said he would like to commend Mr. Woods for upgrading 15th Street. Councilmember Pearce questioned the palms and a mimosa tree. Mr. Woods answered that he will try to saves them if at all possible. Rachel Perkins said that as a resident of the commercial district she is questioning the paving of the entire City right of way and that we are losing green space. 5. Michael Ryan presented his petition for a height variance and a site plan review at 1701 Strand. Mr. Ryan said that this piece of property has been used as a parking lot and he plans to build similar to what was just completed on T.S. Chu and Strand. Mr. Ryan said that this is in a V -16 zone and that he would have to be up 8 to 9 feet before a habitable area could start. Mr. Ryan stated that he has talked with the County and they are in agreement, and he would like Council to approve contingent upon Chatham County 1 1 1 Engineers report. Councilmember Pearce asked what was the height of the structure. Mr. Ryan said 42 feet and that would be the roof. Councilmember Pearce questioned the setbacks. Mr. Ryan said that this property is in a commercial area and no setback is required. Councilmember Pearce said that yes they are required. Attorney Hughes said that Councilmember Pearce is correct and setbacks do apply in commercial areas. Councilmember Remeta said that the hardship goes with the land and that the City is looking into the definition of height. Mayor Parker asked if there is a way to design in order to meet the setbacks. Mr. Ryan answered no. A resident from #2 T.S. Chu Terrace stated that Council needs to stick to the rules and oppose any height variance requested. If it is a small piece of property then build small. Mrs. Jeanne Hutton said this is painful to come every month when we have rules to follow and criteria for a variance. Mrs. Hutton said don't pick and choose who you grant a variance to. You must setback two additional feet for every foot you go over the 35 foot limit. This project does not fit the land. Ms. Susan Dulany said year after year , same thing - it is a joke. Kathryn Williams and Rachel Perkins also spoke against the variance. Mayor Parker opened the meeting for business legally presented. Councilmember Wildi moved to accept the July minutes as read. Councilmember Pearce seconded. Councilmember Remeta asked that a correction be made reflecting that he voted against the significant trees. Vote by Council was unanimous. Councilmember Pearce moved to adopt a resolution accepting $10,000 State Recreation Assistance Grant and Contracting for same with Georgia DNR. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember Merves moved to adopt a resolution on the Pier /Pavilion recommendations to Chatham County. Councilmember Pearce seconded. Councilmember Youmans said that the County is going to handle everything and that you can not go on the pavilion without paying anyway. Vote by Council was 2 in favor (Nerves, Pearce); 4 opposed Youmans, Remeta, Hosti, Wildi). Councilmember Wildi moved to table Section 4 -3 -1 Emergency Management Agency until further study can be completed. Councilmember Pearce seconded. Vote by Council was unanimous. Councilmember Youmans moved to set the '96 millage rate at .0085. Councilmember Remeta seconded. Councilmember Wildi said that they are making a mistake going backwards. Councilmember Remeta said that some residents are barely making it now, that we have upped the water /sewer rates, new appraisals are being done by Chatham and the residents need a break. Councilmember Pearce moved to amend by setting millage at .00991 and after discussion withdrew his motion. Councilmember Wildi stated that Council should leave millage at .00891. Vote by Council was 4 in favor of 1 1 1 .0085 (Merves, Youmans, Remeta, Hosti); 2 opposed (Wildi, Pearce). Councilmember Pearce moved to approve the extension for non- conforming use at 14 Pulaski petitioned by Ed Cawley. Councilmember Merves seconded. Vote by Council was unanimous. Councilmember Hosti moved to approve a variance for lot size reduction at 15 through 21 Taylor petitioned by Frank Koncul. Councilmember Youmans seconded. Vote by Council was 5 in favor (Merves, Youmans, Remeta, Hosti, Wildi); 1 opposed (Pearce). Councilmember Remeta moved to accept a site plan review petition by Mr. Earl Woods at #10 15th Street. Councilmember Youmans seconded. Vote by Council was 4 in favor (Youmans, Remeta, Wildi, Pearce); 2 opposed (Hosti, Merves). Councilmember Pearce moved to deny the height variance petitioned by Michael Ryan at 1701 Strand. Councilmember Merves seconded. Vote by Council was 3 in favor to deny (Merves, Hosti, Pearce); 3 opposed (Youmans, Remeta, Wildi). Mayor Parker broke the tie by voting to deny. Councilmember Youmans moved to accept the site plan review petitioned by Michael Ryan at 1701 Strand. Councilmember Wildi seconded. Vote by Council was 5 in favor (Youmans, Remeta, Hosti, Wildi, Pearce); 1 opposed (Merves). Mayor Parker asked that the appointment for Chair of the Beach Task Force be tabled until the September meeting. Councilmember Youmans moved to appointment Cecil DeLorem as a member of the Beach Task Force. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember Pearce moved to accept the July bills. Councilmember Wildi seconded. Vote by Council was unanimous. Councilmember Pearce moved to waive the Marine Science Center monthly lease payment for 1996 and renegotiate for 1997. Councilmember Wildi seconded. Councilmember Youmans said that the MSC does a great job and he feels that they should charge a fee like the Lighthouse. City Manager Farmer said that the Council could increase the grant money for the MSC and then demand payment of the lease for 1996. After Councilmember Pearce withdrew his prior motion Councilmember Youmans so moved to approve the recommendation from the City Manager. Councilmember Pearce seconded. Vote by Council was unanimous. Councilmember Wildi moved to deny a study with GMA for Cola in the Employee Retirement system stating that the salaries should be looked into closer. Councilmember Youmans seconded. Voting to deny were Youmans, Remeta, Wildi; opposed were Merves, Hosti, Pearce. Mayor Parker broke the tie by voting to deny. 1 1 1 A letter from Chris Schuberth asking that Council reconsider July's decision to deny the modeling study on erosion for the island. Councilmember Youmans moved to leave July's Council decision as is. Councilmember Wildi seconded. Councilmember Remeta said that a study could back fire on the City. Vote on the motion was 4 in favor (Youmans, Remeta, Hosti, Wildi); 2 opposed (Merves, Pearce). Councilmember Pearce said that Mr. Watson is to come up with a more detailed report for Council to consider. The Tybee Arts Association is requesting the use of classroom space in the old school by agreeing to pay $100.00 per month to be credited with any improvement that they accomplish and that the agreement will be on a month to month basis. Mayor Parker asked who would determine the value of the improvements. City Manager Farmer stated that he would be the determining factor. Mary Ingles said that Tybee Arts has applied for incorporation. Ms. Ingles said that Tybee Arts is doing things for the community like the art show and the play that was presented in July. Councilmember Hosti asked if they were non profit. Councilmember Pearce answered that they are in the process of becoming non profit. Councilmember Youmans asked if there will be art classes for the children and if so who gets the money. Ms. Ingles said that the fee goes for the instructor who volunteers and towards the supplies. Councilmember Youmans said the room down by the fire station would be his choice. Councilmember Hosti moved to charge $1,200.00 per year and then for the City to give them a grant of $1,200.00 per year. Councilmember Wildi seconded. Vote by Council was unanimous. Councilmember Remeta said that he would like to see art classes for children 12 and under free. Councilmember Wildi said just charge for the supplies. Councilmember Hosti asked if these classes would be after school hours. Ms. Ingles answered yes. Councilmember Remeta said to put the 30 day clause in the agreement. Councilmember Youmans moved to accept the bid from TSG Utility for repairs to W/S lift station in the fort area. Councilmember Pearce seconded. Vote by Council was unanimous. Councilmember Remeta asked about the number of bids received. City Manager Farmer said only this one. Councilmember Remeta said that we must stay legal with our bid process. Councilmember Youmans complimented City Manager Farmer on his negotiations with Chatham concerning the pier /pavilion. City Manager Farmer stated that the County has decided to do all the work themselves. City Manager explained what he would like to have from Council as guidelines for the 97 budget. Councilmember Remeta said that a workshop would be in order. City Manager Farmer said that he will bring a lease agreement to Council at the September meeting from the Tybee Light Shrine Club. Councilmember Wildi asked which departments did not turn in statistical project activity reports. City Manager Farmer said that the police 1 1 1 department, but that they have all the data but did not get it here in time. City Manager Farmer said that the police department has the number of speeding tickets, etc., and that the device on the Tybee Road is now giving the correct data necessary for accurate reports. Councilmember Youmans said that he feels about the medical workup for employees the same way as the COLA in the pension and moves to deny request. Councilmember Wildi seconded. Vote by Council was unanimous. Councilmember Pearce moved to adopt Land Development Plan on Signs on its second reading. Councilmember Merves seconded. Vote by Council was 4 in favor (Merves, Hosti, Wildi, Pearce); 2 opposed (Youmans, Remeta). Councilmember Pearce moved to adopt Article IX 050 Self Inspection Water Sewer Project Prohibited on its second reading. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember Hosti moved to delete Section 5 -2 -8 Weeds, Grass and other growths - Notices to cut or remove on its second reading. Councilmember Pearce seconded. Vote by Council was 5 in favor (Merves, Youmans, Remeta, Hosti, Pearce); 1 opposed ( Wildi). Councilmember Youmans moved to adjourn and go into executive session to discuss litigation. Councilmember Wildi seconded. Unanimous vote by Council. Mayor Parker called the regular Council meeting back to order, with adjournment requested by Councilmember Youmans. ayor Walter W. Parker R E S O L U T I O N 1 ACCEPTING A $10,000 STATE RECREATION ASSISTANCE GRANT AND CONTRACTING FOR SAME WITH GEORGIA DNR WHEREAS, at the regular monthly meeting of the City Council of Tybee Island, Chatham County, Georgia, held on the 8th day of August, 1996, a motion was made and duly seconded that the City of Tybee Island agree to the terms of the contract for a state grant between the Georgia Department of Natural Resources and the City of Tybee Island for a grant of financial assistance to improve an all- purpose recreational facility within Memorial Park, and authorize the City Manager to execute said contract in the amount of $10,000, effective June 30, 1996. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, Chatham County, Georgia, that the terms and conditions of the contract between the Georgia Department of Natural Resources and the City of Tybee Island are hereby agreed to, that the City Manager is authorized and empowered to execute said contract, effective June 30, 1996, and any subsequent amendments thereto on behalf of the City of Tybee Island, and the grant provided for in said contract in the amount of $10,000 is hereby accepted to be used under the terms and conditions of said contract, and that sufficient funds have been designated to assure the development, operation and maintenance of the facilities as identified in said contract. Read and unanimously adopted in the regular meeting of the Tybee Island City Council held on the 8th of August, 1996. CITY OF TYBEE ISLAND CHAT COUNTY, GEORGIA BY: .r_ MAYOR 1 1 1 ,ATE OF GEORGIA ;OUNTY OF FULTON Contract for State Grant #412- 690465 ARTICLES OF AGREEMENT THIS AGREEMENT, made and entered into the AC day of , in the year of Nineteen Hundred Ninety -six (1996), by and between the DEPARTMENT OF NATURAL RESOURCES (hereinafter referred to as the "DEPARTMENT "), whose address is 205 Butler Street, S.E., Suite 1352, Atlanta, Georgia 30334, acting for and on behalf of the State of Georgia, and the CITY OF TYBEE ISLAND (hereinafter referred to as the "GRANTEE "), whose address is Post Office Box 2749, Tybee Island, Georgia 31328. WITNESSETH WHEREAS, the provision of adequate public recreational and park facilities, services, equipment, and area; the preservation of scenic, historical, ecological, and scientific sites, and the safe maintenance of such areas and facilities is an obligation of State government and a benefit to all the people; and WHEREAS, Section 12 -3 -32 of the Official Code of Georgia Annotated (O.C.G.A.) requires the DEPARTMENT to provide the above - mentioned services and facilities; and WHEREAS, the DEPARTMENT is authorized by Section 12 -3 -5 of the O.C.G.A. to contract with any county, municipality, local government or combination thereof or any public or private corporation or person to further or assist in furthering any of the services, purposes, duties or responsibilities or functions vested in the DEPARTMENT; and 1 1 1 -2- WHEREAS, the GRANTEE has a need to make recreation improvements at Memorial Park located in the City of Tybee Island, County of Chatham and the costs of the Project are higher than may be adequately borne by the GRANTEE; and WHEREAS, the DEPARTMENT has made available the sum of TEN THOUSAND DOLLARS ($10,000) from the Recreation Assistance Fund to assist the GRANTEE with the above project; NOW, THEREFORE, in consideration of the premises, conditions and covenants hereinafter set forth, the parties hereby agree as follows: (1) The GRANTEE agrees by the necessary negotiations, agreements, contracts and use of its own personnel and facilities to: (a) utilize the financial grant -in -aid to help offset expenses of renovating an existing cafeteria building of the old Tybee School at Memorial Park for general purpose recreation; (b) develop, operate and maintain facilities and provide services for all of the people of the State of Georgia; (c) execute and complete this PROJECT by the 30th day of June, Nineteen Hundred Ninety -eight (1998); (d) maintain satisfactory financial accounts, documents, and records on this project and to submit them to the DEPARTMENT upon completion of the PROJECT or upon the DEPARTMENT's request for retention and possible auditing. 1 1 1 -3- (2) The DEPARTMENT will, in consideration of such undertakings by the GRANTEE, pay to the GRANTEE the sum of TEN THOUSAND DOLLARS ($10,000) upon the signing of this AGREEMENT by both parties thereto. (3) The GRANTEE and the DEPARTMENT mutually agree: that this AGREEMENT is based upon the condition that if the GRANTEE fails to perform fully that which it herein agrees to perform, this contract shall be void and of no effect and in such event, any funds thus far paid by the DEPARTMENT to the GRANTEE shall be returned, and shall be due and owing to said DEPARTMENT, but if such condition is fully and truly performed, this AGREEMENT shall be and remain in full force and effect. (4) The failure of the DEPARTMENT at any time to require performance by the GRANTEE of any provision thereof, shall in no way affect the right of the DEPARTMENT thereafter to enforce the same, nor shall the waiver by the DEPARTMENT of any breach of provision thereof be taken or held to be a waiver of any succeeding breach of the provision or as a waiver, modification or rescission of the contract itself. This AGREEMENT and the proceeds of this AGREEMENT may not be assigned nor may the performance thereunder be assigned except with the prior consent of the Commissioner of Natural Resources. (5) The GRANTEE covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this AGREEMENT. The GRANTEE further covenants that in the performance of this AGREEMENT it will not 1 1 1 -4- contract with or employ any such person, firm, corporation or association having any such interest. (6) The parties to this AGREEMENT certify that the provisions of law contained in the Act prohibiting full and part-time appointive officials and employees of the State from engaging in certain transactions affecting the State contained in O.C.G.A. Sections 45 -10- 20 through 45 -10 -28 have not and will not be violated in any respect in regard to this AGREEMENT. (7) If the GRANTEE is a nonprofit contractor as defined in O.C.G.A. Section 50- 20-2, then the GRANTEE agrees to comply with the provision of O.C.G.A. Sections 50 -20- 1 through 50 -20-8, and in particular the requirements of O.C.G.A. Section 50 -20 -3, and with such further instructions as the State of Georgia may subsequently require in the implementation of said provisions. (8) This AGREEMENT and all rights, privileges, and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. (9) This AGREEMENT is at all times subject to applicable State and Federal laws, standards, rules and regulations now existing or which may be hereafter enacted or adopted. (10) This AGREEMENT represents the sole and complete understanding of the terms of this AGREEMENT between the parties hereto and may be amended, changed, or modified only by a written document signed by the parties hereto. 1 1 -5- (11) This AGREEMENT is executed in two (2) counterparts, each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. IN WITNESS WHEREOF, the parties have executed this AGREEMENT to be given effect as of the day and year first above written. GEORGIA DEPARTMENT OF NATURAL RESOURCES BY: Burt Weerts, Director Parks, Recreation and Historic Sites Division BY: CITY OF TYBEE ISLAND Bill Farmer City Manager 1 R E S O L U T I O N WHEREAS, The fiscal year of the City of Tybee Island begins on January 1 and ends on December 31st; and WHEREAS, Title 3 of the Code of Ordinances of the City of Tybee Island, Georgia, and specifically Code Section 3 -2 -11, provides in part that the millage rate for ad valorem taxes upon real and personal property within the City shall be established each year for that fiscal year by Resolution of the Mayor and City Council; and WHEREAS, The Mayor and City Council intend that the millage rate for fiscal year 1996 be set in compliance with the codes and ordinances of the State of Georgia and this City; NOW, THEREFORE BE IT RESOLVED, AND IT IS HEREBY RESOLVED by the Mayor and Council in Open Meeting Assembled, that the millage rate for the fiscal year beginning January 1, 1996 and ending December 31, 1996 be set at .00g5 mils. ADOPTED THIS 2-61 DAY OF 3jj , 1996. CLERK OF COUNCI P. 0. BOX 29•M.ELDRIM, GA 31318•TEL: 912.748.8047•800.318.8 47.FAX: 912.748.6972 1 1 1 June 12, 1996 Mr. George Reese Town of Tybee Island P. 0. Box 2749 Tybee Island, GA 31328 -2749 UTILITY SERVICES Dear George, - - - - We appreciate the opportunity to quote on the following work as discussed concerning your Lift Station near the museum. 1. Furnish a new Square D Class 8941 Duplex Control Panel in a Nema 4X stainless steel enclosure 2. Install on owner furnished backboard 3. Run a new service wire from pole mounted circuit breaker to new control panel 4. Install new receptable for humidifier, exhaust fan and sump pump 5. Install new sta -con pump station controller in dry pit 6. Panel to include: - Combination starters and motor circuit protectors - Lighting protection - Voltage and phase- protection -Run time meters -H -0 -A switches -Alarm light Total price for the above is $4,840.00. If you have any questions, please feel free to call. Regards, Gary D!Arkwood 1 1 1 Ord. 1q%.- 16 2 -010 TERMS and DEFINITIONS (A) Terms. Generally, words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the term "used" includes the words "arranged, designed or intended to be "used "; the term "occupied" includes the words "arranged, designed or intended to be occupied "; the word "structure" includes the word "building ", "dwelling" or "unit "; the word "lot" includes the word "plot ", "parcel" or "tract ". (B) Definitions. Specific definitions include the following: Accessory building: A building subordinate to the main building on the same lot and used for purposes customarily incidental to the use of the main building. Addition (to an existing building): Any walled and roofed expansion to the perimeter of a building to which the addition is connected by a common loadbearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load- bearing walls is new construction. Air rights, public: The ownership or control of that space at or above a horizontal plane over the ground surface of public land, or that which is used by law, easement, or right -of -way used for public purposes. The horizontal plane shall be at a height that is reasonably necessary or legally required for the zoned or intended use of the ground surface. Alley: Any public way accepted for public use and 20 feet or less in width providing secondary access to abutting property. Amusement Park: A commercially operated park with booths for the sale of food and drink and various devices for entertainment. Such devices include but are not limited to waterslides, ferris wheels, merry -go- rounds, and roller coasters. Appeal: A request for a review of the Code Enforcement Official's interpretation of any provision of Title Eight. Apartment Building: A building designed for or occupied by three (3) or more families with separate housekeeping facilities for each family. Such building shall include: apartment houses, apartments and flats, efficiency apartments, and studio apartments, but, not including boarding homes, hotels, or motels. Area of shallow flooding: A designated "AE" or "VE" Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard: The land in the floodplain within a community is subject to a one per cent chance of flooding in any given year. Artificial Light: Any source of light emanating from a manmade device including, but not limited to, spotlights, street lights, commercial or residential lighting, solids from this liquid, digestion of the organic matter, and discharge of the liquid portion into a disposal area. Service Station: A building or lot where gasoline, oil, and greases are supplied and dispensed to the motor vehicle trade, and /or where battery, tire and other similar sales and services are rendered. Setback: The minimum horizontal distance between the front, rear, or side lot lines and the existing or proposed edges of the structure. The term "required setback" means a line beyond which a building is not permitted to extend under provisions set forth in this ordinance establishing minimum depth and widths of yards. Eaves not exceeding twenty -four (24)inches are exempt from setback requirements. Eaves in excess of twenty -four (24)inches are not exempt from setback requirements to the extent they succeed twenty -four (24)inches.(ORD. 1996 - 09;6/13/96) Sewer, public: A system that is owned, maintained and operated by the city, and approved by the Georgia Department of Natural Resources, Environmental Protection Division. Sign: Any area or surface on which lettering or pictorial material is displayed for the purpose of directing attention to a profession, business commodity, service or entertainment eandueted;- sold -or- offered -upon-the sameTmessage. Different varieties of signage are defined as follows: a. 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. b. 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. c. 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. d. 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; - far - purposes -of- announcing- events -which are - held -on- the - premises; - and- contains- no- commercial message. e. Canopy Sign: A message painted on or applied to a canopy, awning, or other roof -like structure. f. Commercial Message: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, sale or sales event or other commercial activity. g. Directional Sign: A sign of a- noncommercial- nature 1 1 of toxic substances, operation of machinery, change in natural grade by excavation or filling above the root system or around the trunk; 2. Causing damage from injury or fire resulting in pest infestation: 3. Causing damage from extensive pruning or trimming. 4. Undeveloped Parcel /Vacant Lot: A parcel or lot on which there is no permanent structure or part thereof designed for human habitation, occupation, or use. Townhouses: A residential structure containing three or more attached single family units designed as a single structure having common or party walls. Each unit shall have its own front door which opens to the outdoors, but, without access between adjoining units. Travel Trailer: Any vehicle or similar portable structure mounted on wheels, designed and intended primarily for short -term (under two (2) weeks) occupancy for dwelling or sleeping or other purposes, and not exceeding 25 feet in length. Use Variance: A variance granted for a use that is not permitted in that zoning district. Used Car Lot: Any parcel of land used for storage, display and sales of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises. Variance: An authorization by the Mayor and Council granting permission to depart from the literal enforcement of this chapter. See criteria for Variance Section 5 -090 Water, public: A system that is owned, maintained, and operated by the city, a community corporation, or a privately owned system serving a community and approved by the Chatham County health department. Yard: An open, unoccupied space, other than a court, on the same lot with building, open and unobstructed from the ground to the sky. a. Front yard: A yard across the full width of the lot extending from the front line of the lot. Through lots and corner lots must meet front yard requirements where the lot abuts a street. b. Rear yard: A yard across the full width of the lot, extending from the rear line of the building to the rear line of the lot. c. Side yard: A yard between the side line of the building and the adjacent side line of the lot, extending from the front yard to rear yard. The side yard extends from the front of the structure to the rear so long as the rear of the structure is at least sixty (60) feet from the front lot line, otherwise, the side yard extends to the point which is (60) feet from the front lot line. Zoning Administrator: That person or persons appointed by mayor and council to enforce the provisions of this chapter. ( by 3T (1\ -A , i cat (51fm‘3-/ nnc\.y �r 1 1 lqq,- 15" Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Land Development Code, Chapter 6, Section 080 be amended to read as follows: 6 -080 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 of twenty -nine (29) pounds per square foot. SIGN INSTALLATION WITH WIND LOAD REQUIREMENTS SIGNS TO 32 SQUARE FEET, 0 -0102 FOOT IN HEIGHT MINIMUM MATERIALS OR EQUIVALENTS: 1. SIGN SURFACE: 29 lbs. A. B. 2. POSTS OR PIPES: A. . cC. C Per S. F. 3. HARDWARE: A. B. 4. POST OR POLE BURY DEPTH: A. Wind loads B. c. (C) Area and Height Size Computations. The following principles shall control the computation of sign area and sign height for sign restrictions in all zoning districts. (1) 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 1 1 1 itself. (2) 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. (3) Computation of Height. The height of the sign shall be computed as the distance from the base of the sign at average adjacent grade to the top of the highest attached component of the sign. Normal 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. (D) Residential Signs For all residential uses, only the following signs are hereby allowed. and then ei fy if- aeeesso y-a &5 eidental- te- arperreitteel -uses (1) All signs exempted from this ordinance as described in Section 6 -030. (2) Permanent Subdivision Signs at residential subdivision entrances: a. Shall not exceed twenty -four (24) square feet in area. b. Shall not exceed one (1) sign per roadway entrance to the subdivision. c. Shall be limited to the name of the subdivision address and developer name or logo. d. May be externally illuminated. e. Must be shown on preliminary plat during subdivision review. (D) Commercial Signs For all commercial uses, only the following signs are hereby permitted. -ai°rd then-fatly -if - accessoiy -ate-I reielerrtal -te -a-pe t-ted-txse- (1) Wall Signs. a. 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. b. 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, whichever is smaller. c. 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 d. 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 1 1 1 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. (2) Freestanding Signs. a. Number. There shall not be more than one (1) freestanding sign for each principal building. Height & Size. All freestanding signs must meet th parameters listed in the following table: b. Clas s Street Speed Limit (mph) Minimum Frontage (feet) Maximum Size Area (square feet) Maximum Height (feet) I 0 -0200 50 10 12 11 20 -0305 80 -01050 20 12 III 20 -0305 150+ 50 20 Iv 36 -0504 150 60 • 25 In the event that there is more than one principal use, the si total for each sign shall not exceed the maximum size allowed per building. 1 1 1 (3) Projecting Signs. a. Number. For all principal uses occupying one hundred twenty -five (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. b. Projection. The outer edge of a projecting sign shall not extend more than six (6) feet from the building to which it is attached. c. Height. The height of a projecting sign shall not extend above the parapet wall of the building, and the lowest point of the projecting sign shall not be less than ten (10) feet above the established grade. (4) Roof Mounted Sign. Roof mounted signs shall not extend above the 1 1 peak of the roof or four feet (4') above a flat roof. (5) 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: a. Type. Service island identification signs may be either wall or freestanding signs. b. Number. There shall not be more than one (1) service island identification sign for each service or pump island located on the premises. c. Area. The sign area of a service island identification sign shall not exceed twelve (12) square feet. d. Height. A service island identification sign shall not project higher than fifteen (15) feet. (6) Directory Sign. A directory sign may be used for places with more than one business. a. Number. One sign shall be permitted for shopping center or office complex. No other freestanding sign shall be permitted. b. 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, whichever is greater. (7) Temporary Sign. a. Number. One temporary sign shall be permitted per establishment. b. Size. The sign shall be no more than thirty -two square (32) feet in sign area. c. Time. The sign shall be displayed for no more than fourteen (14) days. d. Permit. The establishment shall notify the city prior to displaying the sign to give notice of intent. No permit is required. Each establishment is limited to displaying a temporary sign no more than four times a year. e. Location. Temporary signs shall be located on the lot upon which the special, unique, or limited activity, service product, or sale is to occur. Temporary signs located on a public right -of -way will be subject to impoundment. (F) Signs on Vacant Property in Commercial Zoning Districts Lots in commercial zoning districts with no primary structure may have only one sign that complies with the following: (1) The sign shall not exceed an area of 192 square feet. (2) The sign shall not be located as to obstruct the visual display of any existing principal use sign. (3) The sign shall setback from the street- right -of -way line a distance of at least fifteen (15) feet. (4) The sign shall not exceed twenty -five (25) feet in height. (5) The sign 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. (6) The sign with a back exposed to view in whole or in part shall have 1 1 the back of such sign covered, screened, or painted to blend in with the surrounding area. (G) Signs in Neighborhood Marina Districts (NM) Only one principal use sign shall be visible from the adjacent public street. That sign shall not exceed a maximum size of thirty -two (32) square feet in area nor eight (8) feet in any outer dimension. Any sign if illuminated shall be externally lit, non - flashing, and containing no neon illumination. The maximum height of the sign shall not exceed fifteen (15) feet above the average ground elevation of the base of the sign or from the structure foundation to which it is attached. No sign shall be located closer than five (5) feet to the property line or street right -of -way. (H) Signs in Transitional Business Residential Districts (TB R ) For all residential and commercial uses, only the following signs are hereby allowed and then only if accessory and incidental to a permitted use: (1) Residential use signs as permitted in Section 6- 070(E) of this article. (2) Commercial use signs as permitted in Section 6- 070(F) of this article. (I) Signs in Parks - Conservation Districts There is no limit to the number or design of signs in this district. However, before a permanent sign is placed on a lot or parcel in this district, the applicant shall appear before Mayor and Council at a regularly scheduled meeting. (J) Signs in Environmental- Conservation Districts (EC) All signs in any size shape or form are strictly prohibited in the Environmental- Conservation Districts. ADOPTED THIS DAY 0 , 199. 1 eading: 2nd Reading: Enacted: [6-080 .lift Mayor Walter W. Parker 1 1 1 1gq(-IS Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Land Development Code, Chapter 6, Section 110 and Chapter 6, Section 120 to be added to read as follows: 6 -110 OTHER PERMISSIBLE SIGNS Notwithstanding any other provision herein to the contrary, any sign or signs which meet requirements as to design standards, size, illumination, and location for the premises where a sign is sought to be permitted, shall be allowable for the purpose of displaying a message. 6 -120 SEVERABILITY AND CONFLICT If any section, subsection, clause or provision of this chapter shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not effect any other section, subsection, clause, provision or portion of this chapter which is not invalid or unconstitutional. Where the provisions of this ordinance are in conflict with other ordinances, the most restrictive provision shall be enforced. The enactment of this severability and conflict clause in this chapter shall not be construed as expressing an intent that the severability and conflict clause contained in the overall Land Use Plan, Code Section 1 -050, should not be applicable to this and all other chapters. The purpose of the inclusion of this particular severability clause is to emphasize the intention of the Mayor and Council that in the event any particular provision of the Sign Ordinance is held to be invalid, then all other provisions of such ordinance to the fullest extent possible, remain valid and enforceable. DAY OF , 199. ayor Walter n. Parker 1s3Reading: 2nd Reading: Enacted: [6- 110.dit] 1 1 lad L - 1 Cv Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Land Development Plan, Chapter 9, Section 050 Technical Codes Adopted be amended by the addition of Paragraph (C) (3) to read as follows: 9 -050 TECHNICAL CODES ADOPTED (A) Building & Existing Building Code Adopted. The Standard Building & Existing Building Code, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc. is hereby adopted in its entirety and is incorporated into this Code of Ordinances as fully as if set out at length herein. A copy of this code shall be maintained in the office of the Clerk of Council and shall be available to the public for inspection during regular business hours. (1) If any section of this standard code is in conflict with the Tybee Island Code of Ordinances, then the Tybee Island Code of Ordinances shall control. (2) Foundations and Footings. Foundations and Footings for all construction shall be according to the latest edition of the Standard Building Code (Southern Building Code Congress International, Section 1302 and related sections. Construction in high hazard areas (V- zones, A- zones) shall also follow requirements of the Department of Housing and Urban Development Manual "Design and Construction Manual for Residential Building in Coastal High Hazard Areas." The minimum depth of bury for all footings shall be 24 inches below finished grade, measured to the top of the footing. (3) Common Walls. Common walls that separate two or more units or two or more in stories in a multi -unit structure shall be fire walls. Any deviation from this requirement shall require a petition for variance before the Tybee Island Planning Commission and City Council. a. In all multi - family structures of two or more units, each dwelling unit shall be separated by either: 1. A firewall as defined in the latest edition of SBCCI as meeting four -hour resistance with protective openings of three -hour resistance (Table 600) and which shall extend from the foundation and through the roof, unless non- combustible roofing materials are used forty (40') feet to each side of the wall, thus by its construction enabling the collapse of a structure on either side of the wall without collapse of the wall itself; or, 2. Each unit shall be fully sprinkled by a system conforming to NFIPA Standard 13 as modified by NFIPA 231 and NFIPA 231 (c) and 1 1 1 installed by a firm holding a valid Georgia State Competency Certificate. b. In those areas designated as V -Zones on the NFIP maps published by the Federal Emergency Management Agency, only "ii" above shall be permitted. (B) Electrical Code Adopted (1) A certain document, one copy of which is on file in the office of the clerk of council where it is available for public inspection during regular business hours, being marked and designated as the "National Electrical Code ", 1990 edition and future editions as revised, which code is the standard for electric wiring and apparatus of the National Fire Protection Association, be and the same is, hereby adopted as the electrical code of the city, and each and all of the regulations, provisions, penalties, conditions and terms of this electrical code are hereby referred to, adopted and made a part of this article as though fully set out at length herein. (2) In addition to the electrical code adopted in Paragraph (a), the following criteria are also adopted as local requirements for electrical service: a. All wiring, service included, must be copper. No aluminum allowed. b. All panels & disconnects must be accessible. (Prohibited installations: bedrooms, baths, closets). c. Grounding. Water pipe & ground rod. d. GFI breaker required on light switch /receptacle below base flood level. e. All condensers and compressors should be elevated a minimum of 12" off ground. f. No appliances (water heater, washer, dryer included) to be installed below base flood elevation. g. No exposed E.M.T. (rigid or plastic only.) h. Wiring used in lieu of saw box must be GFI protected. I. No penetration or routing through firewalls is allowed. j. Electrical smoke detectors required on each habitable floor. (3) All applications for permits for electrical work must be routed through the city building permits department. (C) Plumbing Code Adopted (1) The Standard Plumbing Code, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc., is hereby adopted in its entirety and is incorporated into this code of Ordinances as fully as if set out at length herein. A copy of this code shall be maintained in the office of the clerk of council and shall be available to the public for inspection during regular business hours. 1 1 1 (2) If any section of this standard code is in conflict with the Tybee Island Code of Ordinances, then the Tybee Island Code of Ordinances shall control. ........................... (D) Gas Code Adopted (1) The Standard Gas Code, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc., is hereby adopted in its entirety and is incorporated into this code of Ordinances as fully as if set out at length herein. A copy of this code shall be maintained in the office of the clerk of council and shall be available to the public for inspection during regular business hours. (2) If any section of this standard code is in conflict with the Tybee Island Code of Ordinances, then the Tybee Island Code of Ordinances shall control. (E) Housing Code Adopted (1) The Standard Housing code, 1991 Edition, and future editions as revised, recommended by the Southern Building Code Congress International, Inc. is hereby adopted in its entirety and is incorporated into this code of Ordinances as fully as if set out at length herein. A copy of this code shall be maintained in the office of the clerk of council and shall be available to the public for inspection during regular business hours. (2) If any section of this standard code is in conflict with the Tybee Island Code of Ordinances, then the Tybee Island Code of Ordinances shall control. (F) Mechanical Code Adopted (1) The Standard Mechanical Code, 1991 Edition, and future editions as revised, recommended by the Souther Building Code Congress International, Inc., is hereby adopted in its entirety save and except those portions as are hereinafter deleted, modified or amended, and is hereby incorporated into this code of ordinances as fully as if set out at length herein. A copy of the mechanical code shall be maintained in the office of the clerk of council where it shall be available for inspection by the public during regular business hours. (2) If any section of this standard code is in conflict with the Tybee Island Code of Ordinances, then the Tybee Island Code of Ordinances shall control. (G) Swimming Pool Code Adopted (1) The Standard Swimming Pool Code, 1991 Edition, and future editions as revised, recommended by the Southern 1 with the Tybee Island Code of Ordinances, then the Tybee Island Code of Ordinances shall control. (K) Life Safety Code 101 (1) The Life Safety Code 101, 1994 Edition, recommended by the Georgia Department of Community Affairs is hereby adopted in its entirety and is incorporated into this Code of Ordinances as fully as if set out at length herein. A copy of the Life Safety Code 101 shall be maintained in the office of the clerk of council where it shall be available for inspection by the public . during regular business hours. (2) If any section of this standard code is in conflict with the Tybee Island Code of Ordinances, then the Tybee Island Code of Ordinances shall control. (L) CABO One and Two Family Dwelling Code (1) The CABO One and Two Family Dwelling Code, recommended by the Georgia Department of Community Affairs is hereby adopted in its entirety and is incorporated into this Code of Ordinances as fully as if set out at length herein. A copy of the CABO One and Two Family Dwelling Code shall be maintained in the office of the clerk of council where it shall be available for inspection by the public during regular business hours. (2) If any section of this standard code is in conflict with the Tybee Island Code of Ordinances, then the Tybee Island Code of Ordinances shall control. ADOPTED THIS D Y OF , 199 ayor Walter W. Parker Enacted: [9- 050.dit] 1 1 1 igg6 -11 Ordinance # It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 5, Chapter 2, Section 8 Weeds, grass and other growths - Notices to cut or remove be deleted in its entirety to read as follows: 5 -2 -8. Weeds, grass and other growths - Notices to cut or remove. (a) Whenever there exists on any lot, tract or parcel of land or premises in the city any weeds, or rank vegetation which, in the opinion of the health officer of the city, might endanger the public health and welfare on individuals or citizens of the community, the health officer shall notify the owner or occupant of that property to cut or otherwise remove any weeds or rank vegetation. (b) The words "weeds," "growth," "vegetable growth" and "rank vegetation," as used herein, shall include bushes and scrub trees, poison ivy, plants of obnoxious odors, briars and thickets, and weeds and grasses causing hay fever, those which serve as a breeding place for mosquitoes or as a refuge for snakes, vermin and rats, or a hiding place for filth, rubbish, or other putrid, offensive or unsanitary matter. They shall also include any undergrowth which creates a fire hazard or a traffic hazard or a nuisance; provided, that nothing herein shall be applicable to any undergrowth less than one foot in height nor to undergrowth more than one hundred fifty (150) feet from any building, structure or recreational area (not including the width of any intervening street) or to any undergrowth more than one hundred twenty -five (125) feet from a street right -of -way. (c) If the owner or his duly authorized agent or occupant of that property is known and is available for personal service upon him of the notice required herein, then notice shall consist of a written notice signed by the health officer of the city, requiring that property owner, his duly authorized agent or his duly authorized agent or occupant, within fifteen (15) days after the date of receipt of the notice, to cut and remove any and all weeds, growth, vegetable growth and rank vegetation that may exist upon the land or premises of that property owner, his duly authorized agent or occupant of that property. The written notice provided herein shall be personally served upon the property owner, his duly authorized agent or occupant of that property by a member of the police department who will note the date, time and person whom the notice is served and return a copy to the clerk of council. (d) Whenever notice required herein above cannot be given due to the unavailability of the property owner, his duly authorized agent or occupant of that property, the notice required shall consist of four (4) consecutive publications in a 1 1 1 daily newspaper of general circulation in the city, of a written notice signed by the health officer of the city directed to that property owner, his duly authorized agent or occupant in the city, requiring that property owner, his duly authorized agent or occupant, within fifteen (15) days after the date of the last publication of that notice, to cut and remove any and all weeds, growth, vegetable growth and rank vegetation that may exist upon the land or premises of that property owner, his duly authorized agent or occupant of that property. (Code 1970, 8 -6; Ord. No. 3- 1986, 2- 13 -86) C e•k • jCoucil 1 t ADOPTED THIS ,'AY OF , 19 'ayor Walter W. Parker Reading: July 11, 1996 2nd Reading: Enacted: [5- 2- 8.dit]