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HomeMy Public PortalAbout19990422CCMeeting1 1 1 @ @ITEM 1999 -04 -22 CITY COUNCIL MINUTES Mayor Walter W. Parker opened a regular meeting of the Tybee Island City Council at 7:30 p.m. on Thursday, April 22, 1999. The following were present: City Council members Anne Monaghan, Ed Merves, Jack Youmans, Dee Anderson, Michael Hosti and Mallory Pearce. Also present were City Manager Bill Farmer and City Attorney Edward ` Bubba" Hughes. Mayor Parker called on the Reverend Lee Bennett for the Invocation. The Pledge of Allegiance to the American flag followed. Mayor Parker invited visitors to speak. Tony Scarwid said that he is against allowing the exception on the new zoning map for Hogan and O'Dell property in Oceanview. Mr. Hughes explained again that the exemption is due to pre - existing petitions for re- zoning filed by each owner and does not constitute special treatment. Sally Keller informed Council of a meeting she attended honoring State Representatives Burke Day and Ron Stephens for their successful effort to get some additional tax protection for senior citizens on fixed incomes. She asked everyone to thank Burke when they see him. Eleanor Rimedio spoke to encourage City Council not to be intimidated by threats from citizens regarding the next election. She urged the Mayor and Council to vote their convictions, and what they believe to be the will of the majority. There was a question from the audience as to whether the public could speak again on the zoning issues. Bubba Hughes said that the public hearings on the various zoning ordinances were held Monday, as advertised. Allowing the public to speak again on these issues at a time unadvertised for public hearing might jeopardize whatever actions Council has taken or may take. It was noted that, in addition to the speakers who appeared at Monday's public hearings, the Mayor and Council have received many letters — pro and con - which are an official part of the minutes. Pam O'Brien asked if there is any consideration being given to an extension of the moratorium, saying that it is a valid management tool. In response to questions, Bill Farmer said that the engineers have finished preliminary 1of9 1 1 1 design for the WWTP interim upgrade, and he expects these improvements to be constructed within the year. Rachel Perkins asked about the fence separating the south end parking lot from the strand business district. She said she knows there are openings to let people cross to the shops, but that they are hard to find when there are many cars parked in the lot. She asked if there could be some signs indicating the locations of the walks. Mayor Parker said he has heard from two business people who'd like to see a few minor changes, Jenny Orr and Harry Spirides. He commented that the fence is a great improvement. Jack Youmans said that it wouldn't look good long due to vandalism. The meeting was opened for business legally presented. A motion was made by Michael Hosti and seconded by Dee Anderson, that the April 8th minutes stand approved. Anne Monaghan reminded the Council that she had spoken of covered walkways when construction extends over public sidewalks. She said this is a requirement in the SBCCI codes, and Bubba Hughes said the City Marshal should enforce. The minutes, amended to include Monaghan's remarks, were adopted unanimously. Mallory Pearce moved to approve the bills for March. Michael Hosti seconded and the motion passed without dissent. Mayor Parker announced that a proposed agreement for the Beach Renourishment project has just been received today, but action will be delayed until the City Attorney and the City Council can study the document. Bill Farmer and Fire Chief Jimmy Brown informed Council of a correction needed in the firemen's pension so that the payment can go directly to the beneficiary. The fire department has received a check that should be endorsed over to the proper beneficiary, and a letter has been written that will correct this in future. Jack Youmans moved that the city take action to see that the beneficiary receives the pension settlement, and Mine Monaghan seconded. Vote was unanimous in favor. Jimmy Brown then asked for a budget adjustment to transfer from the approved capital budget $40,000 for a new fire engine into a reserved 2 of 9 1 1 1 account so it will be immediately available when Chatham County SPLOST funds for fire engines are released by the County Commission. Anne Monaghan moved to approve, Pearce seconded, and the vote in favor was unanimous. Michael Hosti assured the audience that the funds to purchase the fire engines are to come from the county's share of the SPLOST funds, not from the cities'. Bill Farmer introduced a budget adjustment for water /sewer for a capital outlay for a jet vac, budgeted for 1999, to be paid for through a GMA Lease Purchase over a two -year period. The 1999 budget contains $62,500 for the purchase, and we've learned the actual cost per year will be about $85,000. George Reese explained to Council that the choices are between purchasing the equipment, or hiring someone with the equipment to do the work. Doing this work in -house is more economical. The additional $22,500 will be funded in part by the sale of the old jet vac ($5,000 - $10,000) and by an adjustment in the grants /loans line item to cover the difference. Youmans queried whether water /sewer is in debt to the city's general fund for about a half million dollars, and the answer was affirmative. Bill Farmer and George Reese explained the use of the equipment — cleaning sewer lines and basins, preventing sewer backup into people's houses — and said that the choice is between buying the equipment or hiring Roto - rooter. Jack Youmans said he will vote against future rate increases since we can afford this piece of equipment. Mallory Pearce moved to approve, Anne Monaghan seconded, and the vote was unanimous in favor. Bill Farmer advised City Council to accept the bid — one of three - from Adams Equipment Co., Inc. in the amount of $166,759. Anne Monaghan moved to approve, Mallory Pearce seconded, and the bid was accepted unanimously. The Retirement Plan Ordinance was accepted, with an annual COLA, and a cap of 3% offered as an amendment by Ed Merves, on motion by Michael Hosti, seconded by Jack Youmans. The amendment passed by a 4 — 2 vote, with Anne Monaghan and Mallory Pearce casting the dissenting votes. The main motion adopting the annual COLA provision with a 3% cap passed unanimously and the ordinance passed on First Reading. It was noted that the actual rate of each annual pension increase will be decided by Council on an annual basis. 3 of 9 1 1 The First Reading of Code Sections 6 -1 -10 followed. Bill Farmer explained that the ordinance is based on a study approved by Council a few months ago, and completed by Hussey, Gay, Bell & DeYoung. The engineers used data from other cities in Chatham County. He added that the study includes data for a water conservation ordinance if Council wants to consider one later. It was also noted that the ordinance primarily targets new construction, in an effort to keep future rate increases lower for the benefit of those already residing here, putting a little more emphasis on the aid to construction fees. Michael Hosti moved to postpone and Jack Youmans seconded. Mallory Pearce said that he believes this is a matter of some urgency. Mayor Parker then suggested that the ordinance be heard at the first meeting in May, May 13th. The vote to postpone was 4 to 2, with Anne Monaghan and Mallory Pearce casting the dissenting votes. The Second Reading of Land Development Code Section 8- 5- 060(a) Rules of Conduct for Public Hearings followed. Mallory Pearce moved for adoption, Anne Monaghan seconded and the vote was unanimous. A copy of this ordinance is attached to, and becomes a part of, these minutes. The Second Reading of the LDC Boundaries and Zoning Map (8 -4 -020) was next considered. Bubba Hughes explained the two exclusions — Pin #s 4 -3- 10-2 (9 Rosewood Avenue) and Pin # 4- 3 -10 -3 (10 Oceanview Court) have pending petitions for re- zoning, which is the reason for exclusion. He added that the city considers those properties to be R -1 today, R -1 yesterday, and R -1 tomorrow, and they are so shown on the map Council is considering for adoption tonight. The only reason they are not a part of this adoption is that the existing petitions for rezoning might be affected if they were included. Dee Anderson moved approval and Jack seconded, asking, "What about other mistakes ?" Bubba Hughes said future discoveries of possible errors would have to be handled in future. The motion to approve passed by a vote of 5 to 1, with Jack Youmans casting the dissenting vote. The map and its descriptive text are a part of these minutes. A Second Reading of LDC 8 -2 -010 Definitions was considered. Bill Farmer explained that the changes remove some discrepancies between sections. Anne Monaghan moved for adoption with a second from Mallory Pearce. Michael Hosti called attention to page 11 of 13, suggesting that the words "prepared to scale" be removed from the definition of site plan. Ed Merves asked if the site plan requirements are necessary for everyone. Bill Farmer said if a site plan is required, they are needed. Some permits can be issued 4 of 9 1 1 without a site plan review. Concern for the expense to the individual property owner was discussed. Ed Merves said it seems if the Council is serious about the tree ordinance, an accurate drawing to scale would be necessary. Anne Monaghan said this isn't a change, it's been in effect a long time. Voting for the ordinance were Monaghan, Pearce, Youmans and Merves; voting against were Anderson and Hosti. The Second Reading of Code Section 8 -2 -010 Definitions passed by a margin of 4 to 2. It becomes a part of these minutes. Mallory Pearce moved that the proposed adoption of LDC 8 -3 -090 General Provisions and Anne Monaghan seconded. Michael Hosti offered an amendment, seconded by Anderson, that a compromise of 10 -10 -10 all around for C -1 -C be adopted. Vote on the amendment was 2 (Anderson, Hosti) to 4 (Youmans, Merves, Monaghan and Pearce) and the amendment failed. The ordinance passed on 2nd Reading 4 to 3, with Youmans, Hosti, and Anderson voting against and Monaghan, Pearce and Merves voting for, with Mayor Parker casting the tiebreaker vote. Michael Hosti reiterated his understanding that this version includes Ed Merves' alternative proposal of C -1 setbacks brought forward on April 19th. The ordinance is a part these minutes. Bill Farmer introduced LDC Section 8 -4 -050 District Use Regulations on its 2nd Reading. The change incorporates all allowed residential uses in the Commercial One District. The ordinance passed by a vote of 4 — 2 with Youmans and Anderson casting the dissenting votes. A copy is attached to these minutes. Dee Anderson spoke of a problem with two properties using the same street number on Chatham Avenue, one correctly and one in error. He spoke of his concern that an emergency call might be delayed due to confusion. Angela Byers said that the owner with the incorrect number had taken his street number sign down for a few days, then replaced it as it was. Anderson requested that the City Manager instruct the City Marshal to speak to the owner. Bill Farmer suggested that the City Attorney write the offending property owner a letter, since he evidently won't listen to the City Hall Staff. Bill Farmer said that the City Council had approved a conceptual study for a gymnasium complex in February 1999. They have the preliminary report, and he has recruited a volunteer committee to work on the next step. They are Mike Scarborough, a former building contractor; Chuck Bargeron, City 5 of 9 1 1 Marshal; and Jim Stoeffler, a local developer. He requested that his report of the various elements and estimates of the project be approved in concept, and the committee activated. Ed Merves said he thought Council okayed work toward a gymnasium/pool complex, but this has Administration and Emergency Management segments included, and no pool. Bill answered that the pool is not included in the paper given Council because it isn't necessary for the committee's work, but that it is still a part of the overall plan. Jack Youmans said he noticed that the last item mentioned is the gym, and it should be first because it's the only part of the project that has any money allocated to it. Anne Monaghan suggested postponement until the May meeting. Michael Hosti questioned whether the communications revenue on the second page of the report is dependable. Mallory Pearce suggested taking up the Historic Preservation Ordinance next on the agenda, and Anne Monaghan agreed. Mayor Parker acquiesced. There was no vote taken. Bill Farmer explained that the Historic Preservation Ordinance, LDC 8 -14- 010 through 8 -14 -080, has only minor changes arising from the discussion at Monday night's meeting, and passed out copies of the new version. Jim Kluttz said that the historic preservation committee met on Wednesday night, and noted the small changes on pages 2, 5 and 6. On page 8 the words "or occupant" were removed. On page 9 a repetition was deleted. He noted that, on page 11, it explains that historic preservation boards are commonly advisory, and everything comes back to the City Council for approval. The ordinance begins to set up historic districts, or rather to allow City Council to set them up. He said a state grant of $4,000 has been received which would be used to hire a professional to do a survey of the island. Mallory Pearce moved adoption on First Reading, and Anne Monaghan seconded. Dee Anderson questioned whether the historic board or the City Council could designate a property as historic against the owner's will, and Cullen Chambers answered in the negative. Ed Merves questioned what kind of public notice is required. Planning Commission Chairman Henry Levy spoke to say this ordinance gives the board the privilege of stuffing things down people's throats. Michael Hosti said his neighborhood would probably be the first designated since Mooretown is the oldest neighborhood only the island. Ed joked that this doesn't make Michael's home "significant ". The vote was 5 to 1 with Youmans casting the dissenting vote, and the ordinance passed on First Reading. 6 of 9 1 1 Jack Youmans asked for reconsideration of Section 8 -3 -090, Part A, saying he was confused, and his vote was incorrectly recorded. Ed Merves said he does not believe a new vote is necessary. The ordinance passed. Michael Hosti 2nd and the vote was 3 to 3, with Mayor Parker casting a negative vote, causing the motion to reconsider to fail. Ed Merves suggested that LDC Section 3 -090, Green Space, be changed to 65% of the setback area, rather than 35% of the whole lot and the minimum tree canopy eliminated. He said this would be simpler to understand and to enforce. He moved to adopt this altemative for green space required, and Anderson seconded, saying that it would be better, however, to have the actual text in hand before voting. Jack Youmans moved for postponement, Anne seconded and the motion to postpone was unanimous. Ed Merves said he does not believe that the off - street parking requirements are needed except for places where people actually spend the night. Anne Monaghan said that a part of the parking requirements have already been changed. It was suggested that the state law might be checked to see if there are any conflicts. Ed reiterated that he does not see the need for off - street parking for daytime businesses and public buildings, only for hotels, motels and other places people spend the night. Angela Byers said the current ordinance exempts churches from parking requirements, and both the Methodist and Episcopal churches would have had problems with their additions if the proposed ordinance had been in effect at the time. Mayor Parker suggested everyone spend some time studying this, because parking is important to a lot of people. Mallory Pearce explained that LDC 8 -3 -100 Beach, Dune or Vegetation Disturbance is based upon the Soil and Sedimentation Act, and the language is that provided by the City Attorney. Angela Byers said that the City Council has had the Soil and Sedimentation Ordinance before them two or three times and each time failed to pass it. She said that Brian Baker is enforcing the state law, working well with local and county building officials, and so is Tom Miller of DNR. She said that the Soil & Sedimentation Ordinance requires someone trained, and so far no one from Tybee has been able to attend the school. She reiterated that the system currently in use is working well. Michael Hosti moved against adoption; Dee Anderson seconded and the vote was 3 for the motion (Hosti, Anderson, Youmans, and 2 against (Monaghan and Pearce). Ed Merves abstained. 7 of 9 1 1 LDC 8 -5 -010 Permits Required for Construction — Paragraph (1) Tree Removal was next presented. Mallory Pearce moved its adoption, saying it is a bookkeeping thing, bringing the language into line with other provisions of the tree ordinance. Michael Hosti seconded. Ed Merves questioned whether there is a fee for the permit and the answer was negative. He asked whether the City Manager can initiate a fee, and received the same negative reply. The vote was unanimous in favor, and the ordinance passed on First Reading. LDC 8 -5 -020 Permits or Actions Required by this Ordinance, on motion made by Mallory Pearce and second by Anne Monaghan, passed on First Reading, with a margin of 5 to 1. Jack Youmans cast the dissenting vote. LDC 8 -5 -040 Application for Permits or Actions Under this Ordinance was brought to the table. Mallory Pearce moved its adoption and Anne seconded. Bubba Hughes mentioned some confusion regarding setbacks for comer lots. He said he wrote a letter today which some members of City Council may not have had an opportunity to read yet. The vote was 4 to 2, with Jack Youmans and Dee Anderson voting against. LDC 8 -5 -040 passed on First Reading. LDC 8 -3 -080 Off Street Parking Requirements was discussed. Ed Merves said he wants to study this and Jack Youmans agreed that we're moving too fast. He moved to postpone and Merves seconded. The First Reading of LDC 8 -3 -080 was postponed. Bill Farmer introduced LDC 8 -5 -080 Site Plan Approval, stating that the intention is to clarify the requirements. Mallory Pearce moved approval, Ed Merves seconded, and the First Reading passed by 4 — 2, with Youmans and Anderson casting dissenting votes. Bill Farmer explained section 8 -5 -090 Variances. Anne Monaghan moved for postponement, Dee Anderson seconded and the vote was unanimous in favor of postponing First Reading. The following ordinances were postponed by consensus, hearing 110 objection: Section 8 -7 -050 — Tree Removal Requirements Section 8 -7 -060 — Removal of Significant Trees Section 8 -7 -070 — Tree Protection During Development. 8 of 1 1 The City Council went into Executive Session to discuss pending litigation on motion of Jack Youmans, seconded by Dee Anderson. Mayor Parker re- opened the meeting, and the meeting was adjourned. Attest Mayor 9 of 9 1 1 Bills for the Month of March99 General Government Administration 47,781.17 Inspection 7,847.56 Special Appropriation 29,604.12 Police 128,919.77 Fire 7,952.45 Public Works 78,283.69 Sanitation 32,796.73 Recreation 15,892.22 Parking 18,707.38 Total of General Fund Expenditures 367.785.09 Water Sewer 249,697.85 Fund Three Beach Renourishment 4,676.85 . T. - 2. 1 1 Mayor Walter W. Parker City Council Donald E. Anderson Jr., Mayor Pro Tem Michael A. Hosti Edward Merves Anne P. Monaghan Mallory Pearce Jack Youmans CITY OF TYBEE ISLAND April 12, 1999 To: Mayor and Council �z = 9 City Manager Bill Farmer Assistant City Manager Rowena B. Fripp Clerk of Council Jacquelyn R. Brown City Attorney Edward M. Hughes I request the sum of $40.000.00 be transferred from the Fire Department line item 106171 -9020 and placed into an account to be established and entitled: Fire Engine \Quint Purchase. The money in this established ling item will be added to local option sales tax money at present; being collected by Chatham County and to be disbursed to each municipality in the approximate year 2005 for a Fire Engine purchase. It is my recommendation that the local option sales tax money when released and the reserve account balance money be applied to the replacement of a current 1985 pumper, with that of a Fire Pu:per with aerial ladder, referred to as a Quint. Jimmy Brown Fire Chief cc:City Manager, Dr. Bill Farmer P. 0. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 -2749 (912) 786 -4573 - FAX (912) 786 -5737 ADAMS EQUIPMENT CO., INC. 1431 LANIER ROAD WHITE PLAINS, GA. 30678 706 -467 -2338 FAX 706 -467 -2351 April 2, 1999 To: Mr. George Reese Tybee Island, Ga. We are pleased to offer: 1 Model V390LHA/1000 complete with all standard equipment 10' Telescoping boom & pendant control station Hydrostatic blower drive Articulating hose reel FMC L1614 50 GPM/3000 PSI variable flow /Cummins 4BT Hose footage counter Rear beacon Boom mounted flood lights Electronic back up alarm 500' x 3/4" jet rodder hose, 100' extra Storage box behind cab Air purge system 2) Side steps 8" Adjustable air gap Aluminum storm nozzle & pipe assembly Brash flusher nozzle, 3/4" Extra hose guide 10' Leader hose Hand held spot light Handgun hose reel, 50' IH 2554 4 x 2/250HP/MD3060 pool truck Net Price FOB Tybee Island, GA. $166,759.00 Please let me know if you have any questions or if I may be of further service. Sincerely, Grady Adams Vice P ident 0441.4) 1 1 5 -060 ORDINANCE NO. 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 8 Land Developement Code, Article , Section(s) _, be _ to read as follows: ,Section 1. Section 5 -060 is hereby amended to read as follows 5 -060 PUBLIC HEARING REQUIREMENTS Whenever a zoning action or subdivision procedures take place, a hearing must be held before the public. When an applicant requires more than one zoning action or subdivision procedure for a development project, a separate public hearing must be held for each procedure or action. In Tybee Island there are two public hearings held for each zoning action or subdivision procedure. One before the Planning Commission and the other before the Mayor and Council. The Public Hearing before the Mayor and Council is by record the official public hearing. The purpose of each public hearing is to discuss information pertinent to the particular action or procedure. During the hearing the following rules and actions shall be followed: (A) General Rules of Conduct Whenever a public hearing is required by this ordinance or by state law prior to consideration of a zoning action, such public hearing, whether conducted by the Mayor and Council or the Planning Commission, shall be conducted in accordance with the following procedures: (1) The public hearing shall be called to order by the presiding officer. (2) The presiding officer shall explain the procedures to be followed in the conduct of the public hearing. (3) If the subject of the hearing is initiated by an applicant other than the Mayor and Council, the petitioner requesting such zoning decision, or the applicant' s agent, shall be recognized first and shall be permitted to present and explain the request for the zoning decision. Thereafter, all individuals who so desire shall be permitted to speak regarding the zoning decision. (4) If the request is initiated by the Mayor and Council, all members of the Council shall be allowed to speak as they are recognized by the Mayor or presiding officer. Thereafter, all individuals who so desire shall be permitted to speak regarding the zoning decision. (5) When any person wishes to speak at a public hearing, he shall raise his hand and, after being recognized by the presiding officer, shall stand and give his name, address, and make any comment appropriate to the proposed zoning decision. If within two (2) years immediately preceding the filing of the applicant's application for a zoning action, the speaker has made campaign contributions aggregating to more than $250 to any member of the Mayor and Council or any member of the City Planning Commission, it shall be the duty of the speaker to disclose the following information five (5) days prior to the official public hearing: a. The name of the local government official to whom the campaign contribution or Page 1 of 4 1 5 -060 gift was made; b. the dollar amount of each campaign contribution. made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the map amendment and the date of each contribution; and c. an enumeration and description of each gift having a value of $250 or more made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the zoning action. d. In the event that no such gift or contribution was made, the application shall affirmatively so state. Campaign Disclosure Forms are available at the Tybee City Hall during normal hours of operation. Also, Campaign Disclosure Forms shall be made available to the public at the Planning Commission Public Hearing for use at the official public hearing before the Mayor and Council. (6) The applicant shall have an opportunity, after all comments in opposition have been made, to make summary remarks concerning the proposed zoning decision. (7) Thereafter, the presiding officer shall announce that the public hearing for the requested zoning decision is closed, and the Mayor and Council or the Planning Commission, as the case may be, shall immediately and openly discuss the proposed zoning decision and vote on action which they are authorized to take. (B) Actions Specific to the Planning Commission during a Public Hearing In all zoning actions in the City of Tybee Island, the Planning Commission is a recommending body and all fmal decisions must be made by the Mayor and Council. However, the Planning Commission has an important role in the public hearing process. This role is as follows: (1) All proposed zoning actions shall be reviewed by the Planning Commission in a public hearing in accordance with the procedures set forth in Section 6 (A). (2) The Planning Commission shall review and consider a recommendation to the Mayor and Council with respect to the application for a zoning action. The Planning Commission may decide to make no recommendation or it may make any of the following recommendations with respect to an application for a zoning action: approval, denial, deferral, withdrawal without prejudice, reduction of the land area for which the application is made, change of the zoning district requested, or imposition of zoning conditions; and, (3) The Planning Commission shall submit its recommendation on a zoning action application to the Mayor and Council prior to the scheduled public hearing in which the Mayor and Council will consider the application for a zoning decision. Page 2 of 4 1 1 5 -060 If the Planning Commission fails to submit a recommendation prior to the public hearing, the Planning Commission's recommendation shall be deemed one of approval. (C) Actions Specific to the Mayor and Council during a Public Hearing (1) Before taking action on a proposed amendment and after receipt of the Planning Commission recommendations and reports thereon, the Mayor and Council shall hold a public hearing on the proposed amendment at their next scheduled meeting. (2) So that the purpose of this zoning ordinance will be served and so that health, public safety and general welfare will be secured, the Mayor and Council may in its legislative discretion: a. Approve or deny the proposed zoning action as submitted, b. Reduce the land area for which the application is made, c. Change the zoning district to one other than that requested; or, d. Add or delete zoning conditions as the Mayor and Council deems appropriate. (3) An action to defer a decision on the proposed amendment shall include a specific meeting date to which the proposed amendment is deferred. The Mayor and Council may also approve a withdrawal of an application, and if so stipulated by the Mayor and Council in its decision to approve withdrawal, the twelve (12) month limitation on re- filing of the application for the same property shall not apply. (D) Public Hearings Records Standards The City Clerk or an agent of the City Clerk shall mechanically record the proceedings of all zoning public hearings. If requested by any party, verbatim transcripts of the public hearing can be prepared, but only if requested and purchased in advance by the requesting party, who must arrange at his expense for a certified court reporter to record and transcribe the hearing and furnish the original of the transcript to the Mayor and Council for its records. The record of the public hearing and all evidence (e.g., maps, drawings, traffic studies, etc.) submitted at the public hearing shall be noted as such and shall become a permanent part of the particular zoning action's file. Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Mayor Walter W. Parker 1 Jacquelyn R. Brown, Clerk of Council Page 3 of 4 1 1 1 1st Reading: 2nd Reading: Enacted: 5 -060 Page 4 of 4 1 8 -04 -020 District Boundaries ORDINANCE NO. 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 8 Land Development Code, Article 4 Zoning Districts, Section 020 District Boundaries, be amended to read as follows: It is the intention of the governing body and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Tybee ISland, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention. Section 1. Section 4-020 is hereby amended to read as follows 4-020 DISTRICT BOUNDARIES The -betmdafies -ef-distniets-ate wed- ash- ear -the "Official -Zen g -ef we d; 2-whieh-Is- adapted- as-a -p - sf-t#is -e • in the effiee-ef-the-eity-teeetds-ef—Tyhee4s4end; Georgia. -Said -map shall-aeentately-shew-a44-map- emefidments-M-aeeer-danee-with-the-pfevis4ens-ef-this-eFdiPanee-afid-deeument4he-date-when- fihe "Official-Ze g- -T3 e ; Georgia ", displayed -M4he ee-ef . .. - e�- �eser�s -Is- The location of boundaries and zoning districts shall be shown on a map entitled "Zoning Map of the City of Tybee Island" dated 22nd day of April, 1999, and said map may be amended subsequent to the adoption thereof; and said map is hereby made part of this Ordinance and a second original of such map shall be attached to the minutes of the meetings for the first and second readings of this Ordinance and said map is hereby incorporated herein to the same extent as if the information set forth on said map was fully described and stated herein. Amendments to the zoning map shall be reflected on the "Zoning Map of the City of Tybee ISland" when they become effective and said map shall be on file in the office of the Clerk of Council of the City of Tybee Island, Georgia. The adoption of the zoning map of the City of Tybee Island dated the 22nd day of April, 1999 shall not alter or affect the zoning of the following parcels which are disputed and which shall maintain their present status: 9 Rosewood Avenue, PIN 4- 3 -10 -2 10 Oceanview Court, PIN 4- 3 -10 -3 This ordinance repeals the prior zoning map and substitutes the map dated the 22nd day of April, 1999 in its stead with the exception of the above two properties. (Ord. 1999- ; 4/22/99) Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Page 1 of 2 1 8 -04 -020 District Boundaries Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1st Reading: April 19, 1999 2nd Reading: April 22, 1999 Enacted: April 22, 1999 Page 2 of 2 1 2 -010 ORDINANCE NO. 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 8 Land Development Code, Article 2 Definitions, Section 2 -010 Terms and Definitions, be amended as follows: 1- Adding Definition of Height Variance. 2- Amending Definition of Site Plan. 4- Adding Definition of Site Variance. Section 1. Section 2 -010 is hereby amended to read as follows 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. Aquaculture Project: The commercial cultivation of aquatic life, such as shellfish, fish, and seaweed 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 Page 1 of 13 1 1 1 2 -010 the water surface elevation more than one foot. Floor: The top surface of an enclosed area in a building (including basement), e.g., top of slab in concrete construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Garage, public: A garage operated as a business devoted primarily to the repair, storage, maintenance, service or sales of motor vehicles, or any combination thereof. Guest Cottage: Living quarters within a detached accessory building located on the same lot or parcel of land as the primary structure, used exclusively for housing members of the family occupying the main building and their non - paying guests. Such quarters shall not be rented or otherwise used as a separate dwelling. By no means shall such a use be considered a separate primary structure and eligible for a minor subdivision if either resulting lot created will be substandard in size. Height of Building: The vertical distance measured from the average adjacent grade of the building to the extreme high point of the building, exclusive of chimneys, heating units, ventilation ducts, air conditioning units, elevators and similar appurtances. Home Business Office: An office use that is conducted entirely within the dwelling which is carried on by the occupant thereof and no other individual, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes. Home Occupation: An occupation customarily carried on within a home for gain or support, involving the sale of only those articles, products or services produced on the premises, conducted entirely within a dwelling unit and conducted entirely by persons residing in that dwelling unit, using only that equipment as is customarily found in a home and involving no display of articles or products. Hotel: A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants. Hospital: Any place or institution which maintains and operates facilities for the care, custody and/or treatment of two (2) or more non - related persons as patients suffering mental or physical ailments, and which shall be eligible for a license as a hospital under state regulations, but shall not be construed to include any dispensary or first -aid treatment facilities maintained by any commercial or industrial plant, educational institution or convent, nor to include any nursing care home as herein defined. Hospital or Clinic, special: A hospital which treats communicable diseases, insane or feebleminded patients, epileptics, drug addicts or alcoholic patients. Junkyard: A junkyard is an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled, including but not limited to scrap iron and other metals, papers, rags, rubber tires and bottles. A junkyard includes an auto wrecking yard but does not include uses established entirely within enclosed buildings. Light Business: A retail or service establishment that operates a low impact business and has fewer than five (5) employees working at any given time. Loading Space: A space within the main building or on the same lot providing for the standing, loading, or unloading of trucks, and having a minimum dimension of twelve (12) feet by fifty (50) feet and minimum vertical clearance of fourteen (14) feet. Lot: A parcel of land which is or may be occupied by a building and its accessories, including the open spaces required by this chapter. Page 5 of 13 1 1 2 -010 variety: Southern Redcedar,Juniperus silcola or Hardwoods native to Georgia coast. Hardwoods: Dicotyledon plants with woody stem including (but not limited to) Oaks (Quercus); Magnolia Grandiflora; Hickories, (Caarya); Sugarberry or Hackberry, (Celtis Laeirgata); Red Bay (Persea Borbonia); Spiney Ash or Toothache (Xanoxylum clava - herculis); Sycamore (Platanus occidentalis); Tupelo (Nyssa sp); Sweetgum (Liquidamber styraciflora; American Holly (Ilex opaca). ORD. 1996-14;7/11/96) Site Plan: A sketch, prepared to scale, accurately and with complete dimensioning to include: the boundaries of a site and the location of all buildings, structures, uses, and proposed site development construction for a specific parcel of land. See Article 5 ction (C) or specific requirements for site plans. Special Review Permit: A permit issued by the Mayor and Council, after Planning Commission review and an advertised Public Hearing. Approval shall confirm that the proposed use meets all criteria set forth in Section 5 -070 of this Land Development Code. Start of Construction: Beginning of work under a permit. Street: A public way which provides a principal means of access to abutting property. Streets are divided into two (2) classifications as follows: a. Arterial streets: Those streets which are designated as arterials on the major thoroughfare plan and which are used or intended primarily for fast or heavy traffic. b. Collector streets: Those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principle entrance streets of a residential development and streets for circulation within such a development. c. Street, Lane: Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. d. Marginal access street: Those minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties, and protection from through traffic. e. Minor streets: All other public ways which provide a means of vehicular access to abutting properties. f. Opened street: A street shall be deemed to be opened if it is either of the following: 1. Available for public use and maintained by the city; or, 2. Was constructed to city specifications following the adoption of this chapter. g. Private Drive: A 20 foot (minimum) access easement dedicated perpetually for use by residences/lots. The city shall be responsible for neither maintenance nor city services within the easement, and such shall be stated on the plat of records. h. Unopened street: A street or any part thereof shall be deemed to be unopened if it is not cleared, graded and available for public use. Structure: anything constructed or erected, the use of which requires permanent location on the land, or attachment to something having a permanent location on the land, and not including mobile homes. Structural Alterations: Any change, except for repair or replacement of the supporting members of a building, such as bearing walls, columns, beams or girders. Subdivision: All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of immediate or future sale, legacy, or building Page 11 of 13 1 1 1 2 -010 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. (1996- 15:8 -8- 96)(1999 -08; 4/22/99) Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of Title 8, Article 2, Section 010 the Terms and Defmitions of the City of Tybee Island, Georgia Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1st Reading: 4/20/1999 2nd Reading: Enacted: Page 13 of 13 1 3 -090 ORDINANCE NO. 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 8 Development Code, Article 3 General Provisions, Section 090 Schedule of Development Regulations, be amended to read as follows: Section 1. Section 3 -090 is hereby amended to read as follows 3 -090 SCHEDULE OF DEVELOPMENT REGULATIONS A. Schedule of residential district dimensional requirements. Zoning Minimum Lot area (sq. ft.) Minimum yard Setback Maximum District distance (ft.) Structure Height Single Two Multi- Front Rear Side Lets Family Family Family R -1 12,000 Not Not 20 20 10 35' permitted permitted R -1 -B 6,600 Not Not 20 10 10 35' permitted permitted R -2 4,500 6,750 Not 20 10 10 35' permitted R -T 7,000 8,000 8,000 20 20 10 Buildable to 80% of the property exclusive of the setbacks B. Schedule of commercial one Front Yard Rear Yard * C-1 0 iminimum-yafd requirements. None required except 25 feet** if bordering residential district. 35' Side Yard Structure Heights None required except 25 feet ** if bordering residential district. 35' 1 3 -090 C -2 20' 20' 10' 35' TBR 20' 10' 10' 35' ( *) When abutting public streets, any principal building shall be located no nearer than five (5) feet to that lot line. ( * *) Where commercial establishment abuts residential zoning, a suitable screen will be required. screen shall be either natural (planting) or man -made and shall be required. This screen shall be either natural (planting) or man -made and shall be maintained in good order and approved by the Zoning Administrator. Minimum height is six (6) feet. C. Buildings above 35 feet. If a variance is granted by Mayor and Council for a building with a height in excess of thirty-five (35) feet, in no event shall a building permit be granted without the following restrictions: (1) Structures greater than thirty0five (35) feet in height shall be fully equipped with afe- Guards consisting of Fir-e-Eseapes, Sprinkler Systems, Smoke Detectors materials and any other Fire Protection eemed necessary at the time by the Mayor and Council. (2) Before a permit can be granted on said request, an affidavit of the builder and owner must be executed agreeing to same to be completed within an agreed upon reasonable time. (Ord: 1999- 09;04/22/99) Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Mayor Walter W. Parker Page 2 of 3 Jacquelyn R. Brown, Clerk of Council 1st Reading:4 /20/1999 2nd Reading: Enacted: 3 -090 Page 3 of 3 1 1 1 1 1 4 -050 ORDINANCE NO. 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 8 Land Development Code, Article 4 Zoning Districts, Section 4 -050 District Use Regulations, Paragraph (E) C -1 Beach Business District be amended to read as follows: Section 1. Section 4 -050 is hereby amended to read as follows 4-050 DISTRICT USE REGULATIONS (A) R -1 Residence District. This land use district is established to minimize development densities in certain portions of the island so as to prevent overall development on the island from exceeding its environmental carrying capacity. Also, to provide for quiet, livable, low- density single family neighborhoods including compatible and supporting low impact educational, religious, and public institutions, as well as limited provisions for bed and breakfast operations. The character of development in these areas is oriented for permanent residents. This district shall remain single family residential with some light family oriented service uses. Commercial and industrial uses are incompatible with this district. (1) Uses Permitted by Right. In a R -1 residence district, land may be used and buildings or structures may be erected or used for the following purposes: a. Single - family dwellings, b. Non - habitable accessory buildings, c. Public utility structures, d. Home business offices; and, e. Public community buildings, libraries, recreation centers and museums. (2) Uses Permitted after Special Review. In an R -1 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the Mayor and Council has granted approval at a scheduled meeting. a. Bed & Breakfast, residential, c. Primary and secondary schools, d. Nursing homes and ancillary activities, e. Public parks and neighborhood playgrounds, f. Churches, including Sunday schools or educational buildings, g. Schools of general education, including kindergarten and day nurseries, h. Guest Cottages; and, i. Home occupations. (B) R -1 -B Residence District. In an R -1 -B residence district, land may be used and buildings or structures may be erected or used for the purposes stated above in the R -010 residence district regulations; the only distinguishing factor being one of density. [see Section 3- 090(1), "Schedule of residential district dimensional requirements. "] The purpose of R- 010-B districts is to provide a transition from R -010 to higher density development. This is intended to ensure adequate infrastructure capacity and mitigate adverse impacts associated with more intensive land uses. (C) R -2 One and Two Family Residential District. The purpose of this district is to provide for Page 1 of 6 1 1 4 -050 affordable development of single family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and liveable. This district includes a mixture of one and two family homes with compatible educational, religious, and public institutions as well as limited home occupations. (1) Uses Permitted by Right. In an R -2 residence district, land may be used and buildings or structures may be erected, altered, or used for the following purposes: a. Uses permitted in R -1 residence district; and, b. Two - family dwellings, (see also subdivision regulations). (2) Uses Permitted after Special Review. In an R -2 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the Mayor and Council has granted approval at a scheduled meeting. a. Home occupations. (D) R -T Residential Tourist District. The purpose of this district is to provide for areas where tourists and residents are mixed. Development in this district is primarily residential; however, limited accommodations are made for the housing of the tourist population visiting overnight, weekends, weeks, or extended periods. (1) Uses Permitted by Right. In an R -T residential tourist district, land may be used and building or structures may be erected, altered or used for the following purposes: a. Uses permitted by right in R -2 residence district only. (2) Uses Permitted after Special Review. In an R -T residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the Mayor and Council has granted approval at a scheduled meeting. a. Apartment houses and condominiums exceeding two (2) units; and, b. Bed and Breakfast Inns, exceeding five (5) units per lot subject to an approved site development plan as required in Article 5 of this ordinance. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this ordinance. (E) C -1 Beach Business District. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of Tybee Island residents and visitors. The focus of the C -010 Beach Business land use district is to provide for commercial 'a`" and uses that support and complement recreational use of the beach and general tourism of the island. The land uses permitted in this district provide for a substantial amount of the island's employment base. The amount of C -010 acreage is directly proportional to the city's economic activity. These land uses are designed to harness economic activity of the daytime visitor as well as residents and overnight visitors. (1) Uses Permitted by Right after site plan approval. In a C -1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, the planning commission has reviewed the site plan and made comments, and the Mayor and Council has granted site plan approval at a scheduled meeting. a. Apartments, condominiums, townhouses, guest cottages, hotels, motels, tourist homes, bed & breakfast inns; b. apothecary shops, Page 2 of 6 1 4 -050 c. gift shops, d. barbershops, beauty shops, e. fmance, investment & insurance offices, f. florist shops, g. restaurants, concession stands, h. commercial amusements, including amusement parks and other commercial games & sports, i. retail stores; and, J. (2) Uses Permitted after Special Review and Site Plan Approval. In a C -1 beach business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the Mayor and Council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. lounges and package shops, for the retail sale of malt and alcoholic beverages. Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this ordinance. (F) C -2 Highway Business District. The purpose and intent of commercial districts is to provide central locations for city business and services to meet the market needs of Tybee Island residents and visitors. The focus of the C -020 Highway Business land use district is to provide for commercial land uses that support and complement the motorized consumer. C -020 Districts are intended for location along arterial streets where the negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized. (1) Uses Permitted by Right after site plan approval. In a C -2 business district, land may be used and buildings or structures may be erected, altered or used only for the following purposes once the required site plan has been reviewed by the Planning Commission and approved by the Mayor and Council: a. Service stations. b. restaurants, including drive -in restaurants. c. gift shops (goods sold within an enclosed building), d. motels, e. grocery stores, f. tourist homes and Bed and Breakfast Inns. g. parks, playgrounds and recreation facilities under the supervision of the city, h. professional and business offices, i. retail stores, j. marinas; and, k. seafood warehouses, retail and wholesale sales. (2) Uses Permitted after Special Review and Site Plan Approval. In a C -2 highway business district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a hearing has been held by the planning commission, and the Mayor and Council has granted approval at a scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan Page 3 of 6 1 1 1 4 -050 (I) PC Public Parks - Conservation District. The purpose of this zoning district is to create an area or areas to be conserved for public use, to preserve areas established by tradition and custom for public use, and to prevent development of these areas for other than approved public and/or municipal use. Permitted Uses include Parks- public, playgrounds; ballfields and/or sports arenas, picnic facilities, public schools, public libraries, public parking and municipal buildings /structures, other public uses as approved by the governing body of the city. (J) EC Environmental- Conservation District. The purpose of this district is to protect the ecologically sensitive areas of Tybee Island and to limit the active development to those uses which are compatible with natural limits of the land. No building permit can be issued for either a use permitted by right or a use permitted after special approval until the proper State and Federal permits have been acquired by the applicant. (1) Uses Permitted by Right. In a EC environmental conservation district, land may be used and structures may be erected or used for the following purposes: a. Growing of Gardens; and, b. Piers, Docks, and Wharfs. (K) PUD Planned Unit Development District. The existing Planed Unit Development Districts, at the time of the adoption of this ordinance shall remain. No further Planned Unit Development Districts shall be created. The existing planned unit development districts are Northshore Subdivision, Seaside Colony, Oceanside Dunes, and Oceanview Townhomes. Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have appliction to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1st Reading:4 /20/1999 2nd Reading: Enacted: Page 6 of 6