HomeMy Public PortalAbout19991209CCMeeting1
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@ @ITEM 1999 -12 -09 City Council Minutes
Mayor Walter W. Parker called the December 9, 1999 Council meeting to order at
7:30 P.M. with the following members of Council present: Ed Merves, Jack Youmans,
Anne Monaghan, Donald E. Anderson, Michael A. Hosti and Mallory Pearce. City
Manager Bill Farmer and City Attorney Edward Hughes were also present.
The invocation was given by the Reverend Lee Bennett with the reciting of the
Pledge of Allegiance following. Mayor Parker asked William B. Pye to come forward
and accept a plaque for his 25 years of service. The Mayor said that all the Christmas
decorations for many years have been the work of Pye and his Public Works Department.
Mayor Parker said that on a sad note that the former City Treasurer Patricia Pagan passed
away on October 20, 1999. Pat had been employed for almost 20 years at the time of her
death.
Mr. Walter Crawford presented Council with a proposal from himself and
Michael J. Hosti for the correction of a drainage problem on Solomon Avenue. (Copies
attached and become a part of these minutes) Ms. Sue Brockway, Director of the Marine
Science Center, requested that the City of Tybee Island fund the MSC in the amount of
$55,000 in the 2000 budget. Dr. Owen O' Shaughnessy asked if the city would consider
having a street party for New Year's Eve. Farmer answered that the City of Tybee Island
has the pier /pavilion reserved for New Year's Eve and that Mrs. Fripp is working on the
detail for a party. Mark Brownfield requested that Council look into repairing his
mother's driveway where there is a bad dip from when the sewer pipes were laid last
year.
Mayor Parker opened, asked for comment and then closed the following public
hearings according to the laws that cover public hearings.
Mr. Frank Drudi presented Council with his petition for a minor subdivision of a
duplex at 515/517 Butler Avenue. Chairman Levy of the Planning Commission stated
that the commission voted unanimously to approve.
Mr. Bill Rusher presented Council with a petition from Mr. Eric Hogan for a
minor subdivision of a duplex at 13/15/ Captain View. Levy said that the Vote by the
Planning Commission was unanimous to approve.
Mr. Tommy Clark presented Council with a petition for a minor subdivision for
1429 Estill Avenue PIN 4- 22 -1 -2. Clark said that there are two trees, 1 9 -inch cedar and
1 10 -inch pecan and that he has applied for a tree removal permit and that he will replace
with 20 inches of oaks. Levy said that information was lacking for the Planning
commission and that they voted to table until all information was before them.
Ms. Sallie Keller presented Council with a petition for a minor subdivision at
1615B Chatham Avenue PIN 4- 10 -4 -17 stating that the lot towards the river has 20,000
square feet and that the other lot has 10,000 square feet. Pearce asked if this will be a
single family home. Keller answered yes. Levy said that the Planning Commission vote
unanimously to approve. Ms. Angel Schroeder questioned the previous subdivision of
the property.
Mr. Russell Gross presented Council with a petition for a variance of 9 foot into
the 20 -foot setback in order to put a roof over the patio on Butler Avenue side of the
Sugar Shack. Gross stated that his family purchased the business in 71 and added the
dining room in 76. Gross said that the patio does not offer any protection from the sun or
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from the bad weather. Gross said that they would like to wrap the roof around the side of
the building also. Gross stated that there are 4 telephone poles that obstruct the tourist's
view of their business. Gross also said that they try to offer good food at low prices but
that in order to continue to do so they need volume. Gross said that a similar variance
was granted to McElwee's across the street. Pearce asked about the hardship. Gross said
that their business was being squeezed out, the zoning restrictions on setbacks had
changed, and they are not being allowed to do anything with the property. Levy said that
the Planning Commission voted to table and suggested that they expand west where there
is room. Parker asked if there were drawings in the Council packets. Levy requested that
City Attorney Hughes clarify inside outside parking. Byers answered that the drawings
are in the book that is placed in the clerk's office prior to the Council meetings per Bill
Farmer.
Mr. Bruce Gruelke presented Council with a petition from Paul and Teresa Baker
for a variance extension for non - conforming use at the Seafood Place. This variance is
for a 7 foot into the setbacks, but the building would stay within the same footprint.
Gruelke said that the Baker's plan to add a second story to their business. Gruelke said
that Mr. Baker had a heart attack today and is in the hospital. Levy said that the Planning
Commission voted 5 in favor to approve, 1 abstained, 1 opposed. Levy said that there
will be 32 parking spaces maintained. Hosti stated that more Planning Commission
member must eat at the Seafood Place than at the Sugar Shack.
Mr. Roy Ogletree presented Council with the petition from Colette Deihl for an
extension of a non - conforming use variance at McElwee's located at 101 Lovell Avenue.
Ogletree said that a screen porch would be added to the side of the building in order for
patrons to wait for service. Pearce said that the 2 questions that concern him are one that
the present deck is in the City of Tybee Island right -of -way and that the sign is also in the
right -of -way and that the City could put up parking meters. Byers said that the deck and
the sign are on the DOT right a way. Deihl said that she understood that she the property
has a 100 -year use clause. Youmans said that quite a number of property owners along
Highway 80 need to look into this as it is a serious problem. Levy said that planning
Commission vote 4 in favor to approve, 2 opposed, 1 abstained.
Mayor Parker questioned the City Attorney on the petition from Barry Brown for
tree mitigation variance. Hughes answered that Brown could have used the appeal
process and not asked for a variance. Hosti spoke in favor and Monaghan commended
Brown for saving the large oak tree by moving the footprints of the house. Levy stated
that Planning Commission voted 7 in favor to approve and 1 abstained. It was decided
that the tree removal ordinance needs to be looked over again.
Attorney Tom Mahoney presented Council with the petition for a 9 condo project
on Lot 5 Oceanview Court for special review and site plan review stating that everything
was in order and that it exceeds all the codes and requirements of the City of Tybee
Island. Pearce asked if the owners had considered fewer units. Monaghan asked about
the cost of the drainage. Mahoney said in the neighborhood of $40,000. Levy said that
the paperwork that the Planning Commission was given had no signatures of any city
official like drainage or water sewer, but they were given a letter from Hussey, Gay, Bell
and DeYoung. Speaking against the project were Paul Bradley, Carl Looper, Angel
Schroeder. The removal of the oleander bushes planted by the Beautification Committee.
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The answer was that the City of Tybee Island removed the trees when they worked on the
drainage in that area.
Mr. Tommy Clark presented Council with his petition for extension to existing
motel at 404 Butler Avenue PIN 4- 4 -20 -1. Clark said that when he came before the
Planning Commission that he did not have all the information required. Mahoney said
that there was a question at the Planning Commission meeting about commercial abutting
residential district. Mahoney said that this project does not abut residential because
residential is across the street. Mahoney said that Planning Commission approved the
concept and that Clark will have to come back before Council for approval of building
plans and drainage. Monaghan said that she just got the information today and what are
the sizes of the suites? Clark answered that they were 9,000 square feet to 11,000 square
feet, some with one bedroom and some with two bedrooms. Youmans asked if these
suites will be for sale? Clark answered no. Mahoney said that these would be rental
units and not for sale to the public. Monaghan asked if there were any plan in the future
to turn them into condos. Mahoney said that it would have to come back before Council.
Sissy Ward asked if this would do anything to the Center Street access to the beach.
Parker answered no. A lady from Center Street complained about the noise from the
carnival. Parker asked if she had called the police at the time. Gordon Marrow said that
some problem come with the territory when you purchased the land you knew it was
commercial across the street. Marrow said that he does not see any reasons why these
people can not develop the property. Kathryn Williams told Council to take into
consideration that they might try to pull something over on them. Levy said that the
Planning Commission voted 5 to 2 to table until all the correct information is presented to
them. Levy said that there was erroneous information from the Zoning Administrator.
Jeanne Hutton said that on the forms they were 32 pieces of information missing and this
why we called it a rush to get approved. Parker asked why there were no complete plans
for review. Clark said that he had a lot of questions before he spent the money for plans.
Julian Toperek and Angel Schroeder opposed the project.
Paul Jackson presented his petition for a major subdivision for 16 building lots at
Polk and highway 80 PIN 4 -26 -8 -2,3,4 explaining that it would be 8 single-family and 8
duplexes and that no variances are being requested. Pearce said that the Planning
Commission moved to table because of the trees that will need to be removed. Jackson
answered that he will sell the individual lots and that the trees will be the responsibility of
the purchaser. Downer Davis said that a letter from Hussey, Gay Bell and DeYoung
addresses the 10 items questioned at the Planning Commission meeting. He also stated
that they are in compliance with the storm water management ordinance and that the trees
are marked that will have to be removed because of the drainage and water sewer pipes,
etc. Monaghan asked if the Council has a copy of this plan. Byers said it is in front of
the Mayor. Rachel Perkins asked Council to please look at the beautiful trees and be
aware of what trees are going to be removed. Sissy Ward spoke against the project
because of the traffic problems that will arise. Levy said that the Planning Commission
did not have all the information needed and that the vote was 6 in favor of sending
project back to the Planning Commission, 1 opposed, 1 abstained. Byers stated that
everything has been addressed and all requirements have been met.
Mayor Parker announced that the public hearing on the Land Development Codes
and zoning map will be held later on during the meeting.
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Mayor Parker opened the meeting for business legally presented to Council.
Anderson moved to approve the minor subdivision of a duplex for Frank Drudi at
515/517 Butler Avenue. Pearce seconded. Vote by Council was unanimous. Pearce
moved to approve the minor subdivision of a duplex for Eric Hogan at 13/13/
Captain View. Monaghan seconded. Vote by Council was unanimous. Youmans
moved to approve the minor subdivision for Tommy Clark at 1429 Estill Avenue.
Anderson seconded. Pearce question the process and said that the Planning Commission
requested that it be sent back to them for review. Vote by Council was 3 in favor
(Youmans, Anderson and Hosti); 3 opposed (Nerves, Monaghan, and Pearce).
Mayor Parker broke the tie by voting in favor of the subdivision. Hosti moved to
approve the minor subdivision for Sallie Keller and Denny McNeely at 1615 B
Chatham Avenue. Anderson seconded. Vote by Council was unanimous. Youmans
moved to approve the variance of the extension for non - conforming use for Mary
Gross at 301 1st Street. Anderson seconded. Vote by Council was 3 in favor (Youmans,
Anderson and Hosti); 3 opposed (Merves, Monaghan and Pearce). Mayor Parker broke
the tie by opposing the motion. Monaghan moved to send the petition back to the
Planning Commission. Pearce seconded. Vote by Council was 4 in favor (Merves,
Monaghan, Hosti, and Pearce); 2 opposed (Youmans and Anderson). Hosti moved to
approve the variance for non - conforming use for Paul and Teresa Baker at 402 1st
Street. Anderson seconded. Vote by Council was 3 in favor and 3 opposed with Mayor
Parker breaking the tie for approval. Hosti moved to approve the variance for non-
conforming use for Colette Deihl at 101 Lovell Avenue. Merves seconded. Vote by
Council was unanimous. Hosti moved to return Mr. Barry Brown's variance fee and
that Brown will plant 3 2" trees. Merves seconded. Vote by Council was unanimous.
Anderson moved to approve the special review and the site plan review for
Oceanview Court Investments on Lot 5 for a 9 condo units. Youmans seconded.
Merves said that he has voted against variances on heights and on setbacks many times in
the past 4 years, but that this project meets all the requirements. Vote by Council was 4
in favor (Merves, Youmans, Anderson, and Hosti); 2 opposed (Monaghan and Pearce).
Youmans moved to approve the site plan review for the extension to existing motel
by Tommy Clark at 404 Butler Avenue. Anderson seconded. Monaghan said that she
still has great concern on the size of the units and its looks a lot like condos. Monaghan
mentioned some type of covenants to state that they will never be sold as condos.
Hughes said that condos would not meet the setback requirements. Hosti said that Clark
would have to come back before Council in order to subdivide the property. Youmans
stated that more and more motels are going into having suites. Monaghan said that the
City needs to protect itself. Pearce said that he will vote against the project and hopes
that it will be sent back to the Planning Commission. Parker asked Byers if Council had
everything it needs in order to vote. Byers said that the drainage will come back before
Council after the Planning Commission has seen it. Council vote was 3 in favor to
approve Youmans, Anderson, and Hosti); 3 opposed (Merves, Monaghan, and Pearce).
Mayor broke tie by voting against approval. Monaghan moved to send back to
Planning Commission. Pearce seconded. Vote by Council was 4 in favor (Merves,
Monaghan, Hosti and Pearce); 2 opposed (Anderson and Youmans). Anderson moved to
approve the major subdivision of 16 lots (8 single -family and 8 duplexes) for
Marshwinds Development Co,1.1.C. Youmans seconded. Hosti said that if Jackson
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subdivides the property and thenlls the lots that the trees are not his responsibility.
Monaghan asked if the trees are marked on the plan? Byers answered yes, but it is hard
sometimes when you finally do the infrastructure to lay the lines. Pearce said that he will
vote against the project but he wants it known that he believes that Jackson will look after
the trees. Vote by Council was 4 in favor ( Merves, Youmans, Anderson and Hosti);
2opposed (Monaghan and Pearce).
Monaghan moved to accept the Chatham County Board of Election results for
the November election. Pearce seconded. Hosti stated that he still did not believe the
results are correct. Vote by Council was unanimous.
Pearce moved to adopt LDC Section 8 -3 -090 Schedule of Development -
Detached Duplexes on its second reading. Monaghan seconded. Vote by Council was
unanimous.
Pearce moved to adopt LDC Section 8 -2 -10 (42)(B) Dwelling, Two Family or
Duplexes on its second reading. Monaghan seconded. Vote by Council was 4 in favor
(Merves, Monaghan, Hosti and Pearce); 1 opposed (Anderson); 1 abstained (Youmans).
Pearce moved to accept the November minutes as presented. Hosti seconded. The
vote by Council was unanimous. Council also approved the October bills for payment.
Anderson moved to accept the proposals from Crawford and Hosti. Merves
seconded contingent upon their meeting all the requirements. Hughes said that the land
would have to be surveyed and appraised, but that the ditch needs to be reopened now.
Vote by Council was unanimous.
Hosti moved to approve the life insurance for retirees with GMA. Pearce
seconded. Vote by Council was 1 in favor (Pearce); 5 opposed (Merves, Youmans,
Anderson, and Hosti).
Hosti moved to adopt the resolution on Deferred Ad Valorem Taxes.
Anderson seconded. Vote by Council was unanimous.
Monaghan moved to accept Marianne Brouillette's resignation from the
Planning Commission.
Mayor Parker opened the 3 following public hearing on the Adoption and Re-
adoption of the Land Development Codes and Map Amendments. Parker said that this
was all a housekeeping matter and that nothing has been changed. Hosti moved to adopt
the Standards governing the exercise of the Zoning Powers on first reading. Pearce
seconded. Vote by Council was 4 in favor ( Merves, Monaghan, Hosti and Pearce); 2
opposed (Youmans and Anderson). Anderson moved to adopt the Tybee Island Zoning
Map on its first reading. Pearce seconded. Hughes noted that the 2 ordinances
approved by Council on the LDC earlier on in the meeting are also included in these
readoptions. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti, and
Pearce); 1 opposed (Youmans). Hosti moved to adopt and readopt the LDC including
all zoning text amendments on its first reading. Pearce seconded. Vote by Council
was 4 in favor (Merves, Monaghan, Hosti and Pearce); 2 opposed (Youmans and
Anderson).
Pearce moved to adopt Section 5 -4 -8 Storm Water Runoff Quantity Controls
on its first reading. Mo an se onded. Hughes said that he would recommend that
Council amend the word sh t ay in Section 3. The amendment was accepted.
Vote by Council was 4 in favor (Nerves, Monaghan, Anderson and Pearce); 2 opposed
(Youmans and Hosti).
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Pearce moved to adopt Section 5 -4 -9 Prohibition on its first reading. Merves
seconded. Vote by Council was unanimous.
Monaghan moved to continue Section 2 -1 -3 Signing of Checks to the January
meeting. Pearce seconded. Vote by Council was 4 in favor (Merves, Youmans,
Monaghan, and Pearce); 2 opposed (Anderson and Hosti).
Farmer presented Council with the request for merit adjustment for himself and
the City Clerk stating that they report to the City Council. Monaghan asked when this is
done? Farmer answered November through January. Hosti asked if Farmer was asking
for a raise. Youmans said that the evaluations need to be completed first.
Youmans moved to abolish the position of Assistant City Manager stating that
he was under the impression that the City Manager would write and go after the grants.
Anderson seconded. Merves said that 4 years ago when we went to the City manager
form of government and hired Farmer that we did not want to demote Rowena Fripp so
that position was created for her but now it is time to do away with it as Rowena is
retiring. Merves moved that the money saved from that position be moved to the Marine
Science Center line item but not to exceed the $55,000 request. Monaghan said that we
needed that position. Merves answered that maybe we need a position or two but not at
the management level. Parker said that we have many employees in the City hall and that
the job can be spread out among them. Youmans said that when this form of government
was voted on the selling point was that the city manager would make his salary by
gaining grants for the City. Hosti said that it is not cost efficient and that we could never
replace Rowena Fripp. Vote by Council was 4 in favor (Merves, Youmans, Anderson
and Hosti); 2 opposed (Monaghan and Pearce).
Merves moved that John Wylly be removed form the mitigation process for
the 2 cottonwoods that the removed from the property he purchased. Youmans
seconded. Vote by Council after a long discussion was 4 in favor (Merves, Youmans,
Anderson, and Hosti); 2 opposed (Monaghan and Pearce).
Pearce moved to adopt the 2000 budget ordinance on its second reading.
Monaghan seconded. Vote by Council was 3 in favor (Merves, Monaghan, and Pearce) 3
opposed (Youmans, Anderson and Hosti). Mayor broke the tie by voting in favor of
adoption. Pearce moved to amend the 2000 budget by increasing the amount of the
Marine Science Center from $20,000 to $55,000. Monaghan seconded. Farmer said
where is the money coming from to increase. Merves said from the money saved from
abolishing the position of Assistant City Manager. Vote by council was 3 in favor
(Merves, Monaghan and Pearce); 3 opposed (Youmans, Anderson and Hosti). Mayor
voted in favor and the tie was broken. Youmans proposed a $2.00 per hour wage
increase for every certified police officer funding being taken from the contingency
fund. Anderson seconded. Hosti asked about DPW and the dispatchers. Farmer
explained the concept of the step and grade plan and said that an entire study is in the
process of being done by Jackie Brown, and that Council should not have favorites.
Fanner said that he is favor of giving everyone a raise. Parker said that on the chart that
Tybee is level. Anderson said that you need to consider the season. Parker answered that
you have to take the bitter with the sweet. Youmans said that this proposal was his idea
and that he did not have input from any police officer. Hosti said that Council gave about
$120,000 in raises last year and that $1.00 an hour is his suggestion. Pearce said that he
is favor of a raise for police officers but he also in favor of treating everyone equally and
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feels that this should be put off until next year. Sallie Keller said that you get what you
pay for in the end. Monaghan said that she supports the police officers raises but it needs
more study. Vote by Council was 5 in favor (Merves, Youmans, Anderson, Hosti and
Pearce); 1 opposed (Monaghan). It was agreed that this raise will go into effect with the
first paycheck in January 2000. (Pay period begins December 23, 1999)
Julian Page was appointed to serve the unexpired term of Marianne
Brouillette.
As there was no further business to come before Council the meeting was
adjourned.
Clerk of Council
Mayor Walter W. Parker
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PROPOSAL:
Our proposal refers to that strip of land designated on Plats of Chatham County
(See Map Section) as "Old Central of Ga. Railroad Right of Way". We seek only that
portion of the right of way necessary to resolve the drainage problem referenced in the
attached letter from Mr. Farmer. This portion begins at McKenzie Street and proceeds
west to a survey marker at the unopened Daniels Street right of way. Sections of this
portion are already held by adjacent property owners, and this proposal does not seek a
change to those positions. However, the remaining sections, currently held by the city,
would be deeded to adjacent property owners ( Hosti and Crawford) in exchange for the
much needed drainage improvements at no cost to the city whatsoever. This proposal
does not exclude the city's access for water, sewage, fire protection, trash collection, or
other maintenance.
Submitted By:
Michael Hosti
Walter Crawford
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Bills for the Month of October 99
General Government
Administration 51,137.53
Inspection 9,870.97
Special Appropriation 52,295.84
Police 78,662.66
Fire 7,688.29
Public Works 72,042.29
Sanitation 70,503.95
Recreation 20,260.43
Lifeguards 487.08
Parking 18,646.81
Total of General Fund Expenditures 381,595.85
Water Sewer 405,572.69
Fund Three 302 -0-
308 1,099.36 Beach Renourishment — Engineering & Survey
328 4,261,03 Beach Renourishment and Drainage Capital
W/S Bond Fund Four -0-
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RESOLUTION
WHEREAS, ad valorem taxation of elderly individuals can become an increasing
financial burden in light of the escalation of the property values; and
WHEREAS, Georgia law provides that an individual age 62 or older may defer ad
valorem taxes under certain circumstances; and
WHEREAS, the Tax Commissioner for Chatham County is collecting City ad valorem
taxes pursuant to an agreement with the City; and
WHEREAS, the City desires the tax commissioner of Chatham County to allow the
deferral of municipal ad valorem taxes when appropriate under state law and when an
appropriate application is made;
THEREFORE, BE IT RESOLVED that the Tax Commissioner of Chatham County is
hereby requested to honor appropriate applications for deferral of ad valorem taxes pursuant to
Georgia law and to include in such deferral municipal ad valorem taxes for the City of Tybee
Island.
This day of , 1999.
Mayor Walter W. Parker
Clerk of Council
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Ordinance #
It is hereby ordained by the governing authority of the City of Tybee Island that the fiscal
budget for the year 2000 be adopted to read as follows:
Whereas, The City of Tybee Island operates on a fiscal year beginning on January 1St and
ending on December 31St of each succeeding year; and
Whereas, The State of Georgia, in the Official Code of Georgia, Section 36 -81 -7,
provides for the submission of the City's proposed budget to the public; and
Whereas, in obedience to the Georgia Code, the FY 2000 budget has been submitted to
the Tybee Island City Council; and
Whereas, On October 14th, a public hearing on the budget was held before the Mayor and
Council in Open Meeting; and
Whereas, the public was informed in a manner proscribed by law of the availability of the
budget for inspection both in the office of the Clerk of Council during regular business
hours of the City and at the Tybee Island Branch of the CEL Library during their normal
hours:
Now, therefore, be it resolved, and it is hereby resolved by the Mayor and Council
of the City of Tybee Island, Georgia, in open meeting assembled, that the aforesaid
budget for FY 2000 is hereby adopted as ordained by the State of Georgia as follows:
Revenue
General Fund .5 2 2)4 00
Fund 3 SPLOST 6/6,197
Fund 4 Revenue Bonds 0
Water Sewer 14 0 5" t"; 4 4
Fund 3 1998 SPLOST 72 S� 20 !JO
Expenditures
General Fund 5 9 2 2 , '� DO Water Sewer 0 5 6 '
Fund 3 SPLOST 50 � / q 7
Fund 4 Revenue Bonds 0
Fund 3 1998 SPLOST 7 2 B) oP GO
Adopted the 9 r`day of 22 , 1999.
Mayor Walter W. Parker
Clerk of Council
Percents based on votes cast
===== = == =
RACE
==== =7= = == ==
Tybee Island Municipal
===== = ==
■■■====
= == = ==
Tybee Island Municipal
==============
1 Tybee Island Mayor
== ===
WALTER WRITE-INS
PARKER
REG T/O t 1 TOTAL
4-10 Tybee Isl Comm Ctr 912 466 51.10
4-11 Tybee Isl Town Hill 1526 789 51.70
Absentee 311 -
---= 0
=
TOTAL 2438 1566 64.23
==
268
465
44
777
+= =_
TOTAL
+== ===
21
44
6
■...=========
71
=================================================
=_==
Tybee Island Municipal
==
■ == = ==
DONALD J.
"DON" AGNEW
===
1 REG T/O t TOTAL
4-10 Tybee Isl Comm Ctr 912 466 51.10
4-11 Tybee Isl Town Hall
1526 789 51.70
Absentee 0 311 -
TOTAL = 1 2438 1566 64.23
===========
RACE
152
248
25
425
JAMES
"JIMMY"
BURKE
TOTAL
= = =
205
325
32
562
GEORGE
CHANDLER
RICHARD M.
DARDEN
TOTAL TOTAL
37
78
3
118
===
56
88
5
149
= =
=.-■== =====
Tybee Island Municipal 1 PAUL MAZO
=========
MICHAEL
SPEC HOSTI
TOTAL
157
212
17
386
Tybee Island Council (continued)
1 REG T/O t TOTAL
=
4-10 Tybee Isl Comm Ctr 912 466 51.10 83
4-11 Tybee Isl Town Hall 1526 789 51.70 187
Absentee 0 311 12
TOTAL 1 2438 1566 64.23 282
ANNE P.
MONAGHAN
TOTAL
211
327
39
577
PAM O'BRIEN
TOTAL
192
274
35
501
PHILIP JOHN
"PHIL" O'NEILL
O'DELL
TOTAL TOTAL
==
100
182
10
292
73
168
16
257
ttITANg_
*W&OMMOMMEMMammiWgg&MOW
RACE
== == = =
Tybee Island Municipal
=
==.-■=...■■■==..==■■.-==
4-10 Tybee Isl Comm Ctr
4-11 Tybee Isl Town Hall
Absentee
TOTAL
Tybee Island Municipal
==== ======
Tybee Island Council (continued)
==.4- ====
JULIAN M. MALLORY RACHEL L.
PAGE PEARCE PERKINS
REG T/O % TOTAL
912 466 51.10 141
1526 789 51.70 198
0 311 - 25
=== =■■= ===
RACE
2438 1566 64.23 364
= = =
BOBBY
PHILLIPS
TOTAL TOTAL TOTAL
190
298
38
= =
526
139
220
21
380
JOHN JOSEPH
POTTER
TOTAL
71 78
175 154
17 8
263 240
==
Tybee Island Municipal
J. WHITLEY
REYNOLDS
=___==
1 REG T/O % TOTAL
+=
4-10 Tybee Isl Comm Ctr 912 466 51.10 141
4-11 Tybee Isl Town Hall 1526 789 51.70 298
Absentee 0 311 - 26
TOTAL 2438 1566 64.23
= =
Tybee Island Council (continued)
465
SHIRLEY EDWARD
SESSIONS SULLIVAN
JACK WRITE-INS
YOUMANS
+- == =
TOTAL TOTAL TOTAL TOTAL
199
310
36
545
19
61
0
80
194
350
28
572
=___
1
3
0
4
1
1
8- 2- 010(42)b
ORDINANCE NO. 1°1QQ— 4a
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 2 Definitions, Section(s) 010 (42)B Detached Duplex, be amended to read as
follows:
Section 1. Article 2 is hereby amended to read as follows
2 DEFINITIONS
Section 2. 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.(ORD. 1995 - 17;12/7/95)
Page 1 of 13
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8- 2- 010(42)b
Drive -In Restaurant: Any place or premises where provisions are made for selling,
dispensing, or serving of food, refreshments, or beverages to customers in automobiles
or in other than a completely enclosed building.
Drive -In Window: A portion of any building or structure from which business is
transacted, or is capable of being transacted, directly with customers located in a motor
vehicle during such business transaction. Drive -In windows shall have at a minimum
150 feet of approach distance on the property in which vehicles may que prior to
reaching the window.
Dune: Mound or ridge of loose sediments, deposited by any natural or artificial
mechanism and lying landward of the beach.
Dwelling: Any building or structure or part thereof primarily used and occupied for
human habitation or intended to be so used. The following further defines the different
varieties of dwelling distinctions:
a. Dwelling, Single Family: A detached building designed exclusively for occupancy
by one (1) family.
b. Dwelling, Two Family or Duplex: A building either designed, constructed, altered,
or used for two adjoining dwelling units that are connected by a fire wall or, if
the units are positioned vertically, by a type one floor and ceiling construction
where the units are joined. "deta ed�'; two family diiplex consist of
units: are joined t us tpre o her h fre watt fi oor a
^--tea _ ._....,_...3 ... ...................._...,..... _
c. Dwelling, Multi- Family: A building either designed, constructed, altered, or used
for more than two adjoining dwelling units, with each dwelling unit having a
party wall or party floor where it joins at least one other dwelling unit in the
building. This includes but is not limited to apartments, condominiums,
townhouses, or any type of multi - family structure.
Dwelling Unit: One or more rooms in a dwelling, apartment, boarding house, hotel or
motel, designed primarily for occupancy by one family for living, eating, and sleeping
purposes.
Easement: A grant of one or more property rights by the property owner to and/or for
the use by the public, a corporation, or another person or entity.
Existing mobile home parks or subdivision: A parcel of land divided into two (2) or
more mobile home lots for rent or sale for which facilities were completed prior to
adoption of this chapter or prior to inclusion of property within city limits.
Expansion of an existing mobile home park or mobile home subdivision:
preparation of additional sites by grading, installing utilities, pads, or streets, or
otherwise adding service facilities.
Family: One or more persons occupying a dwelling unit, living as a single, nonprofit
housekeeping unit; provided that a group of four or more persons who are not within the
second degree of kinship shall not be deemed to constitute a family.
Flood or flooding: A general and temporary condition of a partial or complete
inundation of normally dry land areas from:
a. The overflow of inland of tidal waters, or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): An official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
Flood Insurance Study: The official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the Flood Boundary
Page 4 of 13
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detached duplexes
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
Jacquelyn R. Brown, Clerk of Council
1st Reading: 1.1-14/999 k+ 1 I 1 l (9
2nd Reading: d 1/11/99 1 a (q iGq
Enacted: 11+1 1199 1 t qq
Page 3 of 3
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detached duplexes
ORDINANCE NO. lggq . 39
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 3 General Provisiions, Section(s) 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 Limits
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
MD 4,500 6,750 20' 10' 10' 35'
C -MD
8,000 20' 10' 10' 35'
Buildable
to 80% of
the
Property
(ORD. 1995 -17; 12/7/95)
R -T 7,000 8,000 8,000 20 20 10 35'
Buildable to
80% of the
property
exclusive of
the setbacks
Page 1 of 3
detached duplexes
B. Schedule of commercial district dimensional requirements.
***Zone Front Yard Rear Yard *
C -1(A) 0 None required except
25 feet ** if bordering
residential district.
Side Yard
None required
except 25 feet ** if
bordering residential
district.
C -1(B) 8' 6' 5'
C -1(C) 20' 10' 10'
C -2 20' 20' 10'
MD 20' 10' 10'
(ORD. 1995 -17; 12/7/95)
Structure Heights
35'
35'
35'
35'
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. See
Section 3 -160 This 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 -1(A) RETAIL USES & FOOD/BEVERAGE SERVICE USES
C -1(B) HOTEL & MOTEL USES, WITH 80% MAXIMUM LOT COVERAGE
C -1(C) RESIDENTIAL USES, INCLUDING SINGLE FAMILY, TWO FAMILY, AND MULTI-
FAMILY (TRIPLEXES, QUADRAPLEXES, TOWNHOMES, APARTMENTS, TOURIST
HOMES, CONDOMINIUMS, TIMESHARES, AND SIMILAR USES), BED &
BREAKFAST USES, & PUBLIC STRUCTURES.
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 thirty-five (35) feet in height shall be fully equipped with Fire Safe
Guards consisting of Sprinkler systems, Smoke Detectors and any other fire Protection measures
deemed 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)
Page 2 of 3
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detached duplexes
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
Jacquelyn R. Brown, Clerk of Council
1st Reading: 44/4-4799— i i I I I \9q
2nd Reading 1 -19 Ji 1
Enacted: 11/11/99 1 a1ct 199
Page 3 of 3