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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
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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
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.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.
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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
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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
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,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
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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.
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(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
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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.
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(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
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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
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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
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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
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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
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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
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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
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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.
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(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
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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
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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
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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]
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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
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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.
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(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]
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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
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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
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ADOPTED THIS ,'AY OF , 19
'ayor Walter W. Parker
Reading: July 11, 1996
2nd Reading:
Enacted:
[5- 2- 8.dit]