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