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@ @ITEM 2001 -07 -12 City Council Minutes
Mayor Walter W. Parker called the July 12, 2001 regular City Council meeting to
order at 7 P.M.
The following members of Council were present: James Burke, jack Youmans, Shirley
Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. City Attorney Edward
Hughes and City Manager Tm Cannon were also present.
Council member Shirley Sessions gave the invocation that was following by the
Pledge of Allegiance.
Pat Shay Chairman of the Authority for the Trade Center outlined where the
Center was at this time. Mark Layee, manager, thanked Tybee for the past years of
collection of the 1%. Shay told Council that of the 6% hotel motel taxes collected that
3% stays in community, 2% goes to the Chamber and 1% to the Trade Center.
Ms. Alice Martin addressed Council on a number of zoning & building violations
in her neighborhood and at other locations on the island. Martin handed Cannon the list
of complaints. Martin also said the skate park is a waste of money; the slab of concrete
is not big enough.
Michael Scarbrough asked Council to consider the Estill Point sand bar for part of
the beach renourishment; Scarbrough said it would help the economic issues of the
shrimpers and the safety of small boats. Mayor Parker informed Council that he has
received numerous letters of concern from the property owner along north beach area.
Erik Olsen, the Coastal Engineer for Tybee, said the $450,000. is not going to solve the
problem at North beach. The laws of Georgia need to be changed and that way the
CORPS would have to do the right thing — mandate that sand goes back on the beach.
Representative Burke Day is going to revisit this issue. Tybee needs a long -range plan,
like a blueprint, this would lay out how to proceed in the future. Tybee also needs
proactive measures. The two options are you can dredge the problem sand and place on
the beach or you can take access material — hand scraper, move by trucks. Olsen said the
point is relativity stable — take 10 to 20 thousand cubic yards of sand out of the area —
costs would be approximately $100,000 to $200,000 — Tybee would be buying time.
Revetments do not stop erosion — once hard structure is in place the shoreline will erode
and people will be forced to protect their interest. Burke mentioned the City doing the
dredging. Olsen answered it would be very expensive, you would need special trained
staff and it is very dangerous. Olsen that the channel is not a federal channel, Tybee
should go to DOT and ask for assistance. O'Brien told Council a report from Cannon
dated July 7, 2001 outlines the options. Frank Ginn, Captain Row resident read a letter
for the record voicing his concerns. Mr. Williams and Mr. Tom Holland also voiced
concerns. Joe Griffin explained that SBRC have never asked for any sand to be moved.
Parker recognized former Mayor Michael Counihan.
Mayor Parker opened, asked for comments and closed the following pubic
hearing according to the law and codes.
Craig Meyer, #10 12th Street, Pin 4- 7 -2 -8C, requested a variance to bring porch
across the front to bring in line with existing porch and remove stairs on side of house
that are in the setback area. Meyer said this structure is now a duplex and he plans to
spend about $150,000. Youmans asked if the Planning commission requested that the
steps be removed. Meyer said his wife had spoken with Bargeron about the stairs.
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Meyer said he would accept any Council decision. Hughes told Council the house is now
non - conforming use and Meyer must go through the variance procedures. Levy said the
Planning Commission voted 5 to 1 in favor of granting the variance, with the removal of
the stairs.
Clarence Crawford, 1710 Butler Avenue, PIN 4- 9 -5 -6, petitioned Council for a
setback variance of 10 feet on 17th Place and 10 feet on Butler Avenue. Crawford said
that he would like to have the 10 -foot setback on 17th Place as this is a one -way lane and
the vision would not be impaired. O'Brien said that the house burned in December 99
and that Crawford had one year to build back in the same footprints. Crawford said he
plans to construct 3 townhouses — 3 stacks units. Crawford said Michael Roach is his
partner and he plans to live in one of the units. Levy told Council Crawford came with 2
sets of plans but that he did not have a parking plan. Pearce said the presentation was
good. Youmans stated it does not make a difference what the Planning Commission does
as Council can do what they want. Roach told Council they have been to 4 meetings
now. Sessions asked that if any of the meetings were the parking plans approved? Levy
answered at the agenda meeting the Planning Commission cannot take action. Sessions
stated we have tried to establish that our Planning Commission does a good job.
Crawford said at the regular meeting the Planning Commission did not have time to look
over plans. O'Brien announced that we have dragged applicant through a tedious process
and he should no be here. Youmans asked if the City has a copy of the parking plan in
City Hall. McAfee answered yes. Does it meet the requirements? Again McAfee
answered yes, also the drainage has been approved and he is confident that the Planning
Commission would approve the parking plan. Youmans asked if the applicant meets all
the criteria for request? McAfee answered yes sir.
Tom Beytagh, representing Eagles Nest, requested a zoning text amendment
changing from R -2 to R -1 Single family. It is noted that any prior applications will not
be effected. Hughes said the zoning map needs to be in the auditorium for the public
hearing. The Zoning map was brought into the auditorium. O'Brien asked if we have
signed affidavits from the property owners? Beytagh answered that the property owners
were told that it would have to be individual request, then was told a petition, then back
to individual. Hughes said everybody this effect has to be in agreement. Anne Paul told
Council that this was started in May and it very confusing of what is required and is glad
that Ms. O'Brien is also confused. There should be an easier way to do this text
amendment. Planning Commission vote 7 to 1 to approved provided that the City has the
correct information.
Bobby Chu presented Council with a petition for a site plan review for a duplex at
Lot 105C 17ht Place, PIN 4- 9 -4 -11. Chu said this would be one for his sister and one for
his nephew. Chu handed out the updated site plan with the trees; this is in C -1 and meets
all the requirements. Was this heard at the last Planning Commission meeting? Levy
answered no, but my impression is that it would be approved at the next regular meeting.
It was questioned if the Zoning Department has a copy of the plan? McAfee said he got
it about 30 minutes ago.
Joe Griffin presented Council with he petition for a variance to the Shore
Protection Ordinance and Site Plan approval. Griffm said he has been watching the
beach erode for the past 4 years, they have tried snow fence and it washed away. Griffin
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told Council that SBRC started the project for the revetment 17 months ago and has spent
$16,000 to date; the fmal meeting with the DNR is scheduled for August 7th.
What is the liability to the City if we approve the revetment? Hughes answered it is the
SBRC liability, not the City of Tybee Island's. O'Brien asked who is definitely
responsible? Hughes answered you will never know definitely, nothing is for sure.
Charlie George said when the adjacent property owners thought that the SBRC was going
to pay for them they where in favor. Griffin said SBRC is not asking for sand or money.
Youmans asked why there are 4 or 5 items on the agenda for public hearing that
should not be. O'Brien said there are only 3. Levy answered by telling Council to blame
it on him
Mayor Parker opened the meeting for business legally presented.
Pearce moved to approve the variance request for Cindy and Craig Meyer, #10
12th Street PIN 4- 7 -2 -8C. Burke seconded. Vote by Council was unanimous.
Burke moved to approve a 10 -foot setback variance on 17th Place for Clarence
Crawford. Youmans seconded. Vote by Council was 5 in favor (Burke, Youmans,
Sessions, Monaghan and Pearce); 1 opposed (O'Brien).
Pearce moved to send the three petitions before Council tonight back to the
planning Commission for a public hearing, which was not done. Monaghan seconded.
Burke said that Council should vote on them one at a time. Pearce modified his motion
stating that Crawford for site plan review and Chu/Waters for site plan review is sent
back to the Planning Commission. Monaghan agreed to the modification. Vote by
Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and
Youmans).
Pearce moved to approve the zoning text amendment on 1st reading. Sessions
seconded. Hughes questioned if this request was heard at a public hearing during the
Planning Commission meeting? It was. Vote by Council was unanimous. Hughes said
that the official zoning map needs to be prepared for the August meeting, the current
zoning map was brought into the room.
Pearce moved to approve the Savannah Beach and racquet Club a variance to
the Shore Protection Ordinance in order to place a revetment contingent upon
review and approval by our costal engineer, Eric Olsen and if Mr. Olsen doesn't
approve it, it goes back to the Planning Commission and then to the City Council.
Monaghan seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien
and Pearce); 2 opposed (Burke and Youmans).
Pearce moved to approve the alcohol beverage license for Paul Stoupenos for
the sale of canned beer in the store. O'Brien seconded. Question 15 on the application
needs to be filled in. Vote by Council was 4 in favor (Burke, Youmans, O'Brien and
Pearce); 2 opposed (Sessions and Monaghan).
Pearce moved to approve the minutes as presented. O'Brien seconded with
corrections. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce);
2 opposed (Burke and Youmans).
Pearce moved to adopt Section 1 -1 -1 Uniform Rules of the Road on its first
reading. Monaghan seconded. Vote by Council was unanimous.
Pearce asked Council to read the Green Space Committee minutes. Pearce
moved to authorized Hughes to hire a surveyor, search the title and then for the City
to lay claim to the property by Captains Row. Vote by Council was 4 in favor
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(Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). O'Brien
stated that Tybee needs a long -term green space plan and asked Cannon where we were
on this issue. Cannon answered that will be one of the first things the ecologist will do
when they come on board.
Hughes explained the Intergovernmental Agreement with Chatham County
concerning the Green Space funds. Hughes said that the funds that will come from
SPLOST will have no strings but that the governor's grants have guidelines and deals
with purely passive dead open space. As of January 2001 Tybee share was
approximately $11,000. Plus.
Hughes informed Council of the meeting held with the attorneys for Burke and
Brewer concerning the beach rental issues. Some of the issues were settled but the
ordinance needs a lot of work and Hughes would like to rewrite the entire section.
Hughes said some Council members felt there was a safety issue regarding the
trampoline and suggested a special meeting.
Pearce moved to adopt 10 -1 -26 A Residential Parking on its 1s$ reading.
O'Brien seconded. O'Brien asked if this was a good thing to do. Cannon answered it
would be helpful. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien
and Pearce); 1 opposed (Youmans).
Pearce moved to accept the fee schedule on Permits Fees in the Building
Department. O'Brien seconded. Vote by Council was 5 in favor (Burke, Sessions,
Monaghan, O'Brien and Pearce); 1 opposed (Youmans)
Cannon gave Council a copy of his growth report along with a report from Bill
Lovett from Hussey, Gay, Bell and DeYoung, the City engineers. After discussion
Council agreed to add the growth control study to the agenda for the July 23`d meeting
scheduled between Council, Planning Commission and Community Development staff.
Finance Director James King gave a short report on consolidating some of the
checking accounts used by the City and the payment plan from water sewer to general
fund. Pearce moved to approve the contracts from GMA to do audits on hotel motel
returns and on alcohol beverage report. O'Brien seconded. Vote by Council was 4 in
favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans).
Compensation time was discussed and it was agreed that this should be placed
on the action item list for further study.
Pearce moved to adopt Section 5 -3 -6 Property Maintenance on its second
reading. Monaghan Seconded. Vote by Council was unanimous.
Pearce moved to adopt Section 8 -15 -1 Moratorium on its second reading.
O'Brien seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and
Pearce0; 2 opposed (Youmans and Burke). It was requested and agreed upon by Council
to change the number 8 -15 -1 to 8 -12 -1 because of the Code of Ordinances.
Pearce moved to adopt the following two sections on their second reading 5 -010
(A) LDC Permits Required for Construction, 5 -030 LDC Fees and 9 -030 (A) LDC
Building Permits. Monaghan seconded. Vote by Council was 5 in favor (Burke,
Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans).
Pearce motioned to go into closed session to discuss Litigation and Personnel
issues. Sessions seconded. Vote was unanimous.
O'Brien questioned the Tommy Clark project, Hughes did not have the authority
to write the letter concerning changing from hotel suites to condos. Hughes explained
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that his letter did not change the type of construction passed by Council. Parker asked if
we had all the information on the project. McAfee answered yes. O'Brien asked about
the green space — 65 %. McAfee said they have a landscape plan. O'Brien asked about
the stormwater plan. McAfee answered we have a report from H, G, B &DeY, plus a
letter from DOT. Parker said that all information should be ready for inspection by
Tuesday, July 17th. Burke asked about the grinder pump. O'Brien stated that Clark's
lawyer any changes and they would come back before Council. Sessions asked about the
parking — the actual plan. McAfee answered yes. Sessions said so it has 2 spaces for
each unit. McAfee said that they do meet space requirement for the new construction but
not for the other businesses. They need 180 for total, they are shy 33 spaces, and they
have exemption for off street parking. O'Brien said it was brought to her attention that a
couple of units are being used for offices. McAfee said no. Cannon will check on
business licenses. O'Brien said she would like a written response within a week.
The meeting was adjourned.
Mayor Walter W. Parker
City of Tybee Island Permit Fees
iDescri •tion of • ermit Existin •. Fees
Accessory building
°-Blildirig - commercial
Building - commercial - addition
building - commercial - repairs
Building - residential
Building - residential - addition
Demolition
Building re- inspection
Dock - commercial
Dock - residential
Shallow Well
Electrical
Fence
Clearing & Grading
Minor construction (cost under $500)
Minor construction (cost greater than $500
but less than $1500)
BUILDING PERMITS
• $20.00
.$45.00 per sq. ft:*
$45.00 per sq. ft.
$45.00 per sq. ft.
$45.00 per sq. ft.
$45.00 per sq. Ft.
$25.00
00
$25.00
$25.00
$15.00
`$ bo
$20.00
$25.00
00
00
Mechanical
°Iumbing
Sign
Swimming pool - commercial
Swimming pool - residential
Relocation (physically moving structure)
Tree removal & replacement inspection
Penalty for not taking out required permit
TECHNICAL and
Engineering review - residential
Engineering - commercial
Land disturbance
Subdivision Plat recording filing fee
Variance application
Amendment to zoning map (rezoning
application)
Text amendment
Site plan review
Subdivision application
Special review
$15.00
$15.00
$20.00
$35.00
$35.00
$25.00
00
00
PLANNING REVIEWS
reimburse for cost only
reimburse for cost only
00
00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
Pro osed Fees
$50.00
$75.00 per sq. ft.# -
$75.00 per sq. ft.
$75.00 per sq. ft.
$75.00 per sq. ft.
$75.00 per sq. ft.
$30.00
$250.00 -.-
$50.00
$25.00
$25.00
$25.00
$50.00 - • ..
00
$25.00
4.1*
$25.00
$25.00
$50.00
$50.00
$50.00
$50.00
$50.00
$100 plus fee or double the
permit fee if greater
Cost + 25%
Cost + 25%
Cost + 25%
$250.00
$125.00
$250.00
$250.00
$250.00
$250.00
$250.00
'resent calcuiations were established in 1994 based on 545.00 per square foot of livable space in the structure.
Proposed calculations are based on 575.00 per square foot of livable space in the structure.
Base fee on construction is $20.00 for the first $1000.00 of the estimated cost of construction.
a *#
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CITY OF TYBEE ISLAND
July 6, 2001
To: Mayor & Council
Re: Checking Accounts
Due to the new Uniform Chart of Accounts and the new Pooled -Cash accounting system, the following checking
accounts are no longer necessary:
Parking Services SunTrust Acct # 1500002272
Payroll SunTrust Acct # 1500002355
Water / Sewer SunTrust Acct # 1500000250
I am requesting Council approval to take the appropriate action and close these accounts. More accounts to
follow!!!
Sincerely,
James ing
Finance Director
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Payment Schedule of W/S to General Fund
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December -01
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FINAL PAYMENT OF BALANCE
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GEORGIA
MUNICIPAL
ASSOCIATION
President
1:. . •.e . -lards
'•L''J: P;'0 (i ; ;S, i. <'iai : :r
First :'ice President
itocer Boatr zht
Alma
Second ': ice President
T:ird ice President
Hni:nes
Immediate Past President
. Turner
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701 Pryor Street SW
•,Banta. Georgia 03C3 - :606
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Tcii Free I -833- 43d -44 2
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.vv.w.gmanet.com
A prii 13.2001
Mr. James King
City Cork
City of Tybee Island
Post Office Box 2749
Tybee Island, GA 31323-4573
Re: Hotel -Motel and Alcohol Tax Revenue Recovery Service
Dear Mr. King:
Thank you for your interest in GMA's service to audit Hotel-Motel and Alcohol tax
collection.
GMA can assist your City with identification of unreported, under- reported.
delinquent and otherwise uncollected tax revenue. Further, it will enable you to
insure those lodging providers and alcohol vendors are accurately complying with
your respective ordinances.
Your city can participate in either or both programs based on an hourly rate of S125
plus expenses per audit or on a pay for performance basis of thirty -five percent of the
amount discovered by the audit and collected by the city.
For your review I have included two copies each contract outlining the services to be
performed and the two methods of compensation. Please have the appropriate city
officials sign each copy of both contracts and return to me at GMA. I will then ha,,e
both contracts executed and send one copy of each back to you. Upon receipt ofthe
signed contracts, the process should begin within 15 days. If you have any question:.
please contact me at 678 536 -6253 or toll -free at 883-438-4462.
V-
Sin cere_v
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Randy A. Logan
Manager of Financial Service Progra ns
L.nelosllres
Cc w/o enclosures: Thomas A. Cannon, Jr.
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5 -3 -6 Enforcement
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 Public Works, Chapter 3
Property Maintenance, Section 6 Enforcement, be amended to read as follows:
Section 1. Section 5 -3 -6 is hereby amended to read as follows
5 -3 -6 Enforcement
Owners or occupants of premises on which there is a violation of this ordinance will be given written
notice to abate the violation within thirty (30) days. Failure to abate the violation within the thirty day
period will result in a subpoena being issued for an appearance in Recorder's Court on a misdemeanor
charge. In cases involving immediate health. safety and welfare violations the immediate issuance of a
summons is permitted.(1992 -22 Oct.8,92)(Ord. No. 1992 -22, Enacted, 10/08/92; Ord. No. 1992 -22,
ENACTED, 10/08/92)
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 Code of Ordinance of
the City of Tybee Island, Georgia.
Adopted this day of , 2001
Mayor Walter W. Parker
Reading:
2nd Reading:
Enacted:
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AN ORDINANCE TO AMEND THE CODE OF ORDINANCES,
CITY OF TYBEE ISLAND, GEORGIA
An ordinance to amend the code of ordinances for the City of Tybee Island,
Georgia, to provide a new chapter entitled Growth Management, Planning and
Development, Chapter . to provide for codification; to provide for severability; to
provide for hearings and variances; to repeal conflicting ordinances; to provide an
adoption date; to provide an effective date; to provide an expiration date; and for other
purposes allowed by law.
WHEREAS, the duly elected goveming authority for the City of Tybee Island,
Georgia, is authorized under Article 9, §2, 73 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, welfare
and aesthetics of the citizens of the City of Tybee Island, Georgia; and
WHEREAS, the duly elected goveming authority of the City of Tybee Island is the
Mayor and Council thereof; and
WHEREAS, the goveming authority desires to adopt ordinances and regulations
under their police and home rule powers to regulate development in the City consistently
with the infrastructure and improvements thereto and to effectively manage rapid growth
that has recently occurred on the island; and
WHEREAS, the City of Tybee Island has experienced rapid growth in multi family
development and commercial development which has placed increased demands on the
infrastructure of the City; and
WHEREAS, the City has taken steps to improve problems with infusion and
infiltration into the waste water treatment system; and
AMENDMENT TO ORDINANCE §
WHEREAS, the City of Tybee Island has previously adopted an ordinance providing for
the designation of historic properties and historic districts; and
WHEREAS, the provisions of the ordinance as adopted contemplate and require mailing
notice to occupants of properties included within the areas or properties to be designated; and
WHEREAS, the City of Tybee Island does not have street mail delivery in all areas which
would be effected by contemplated historic designation so that in addition to mailing notices to
owners and requesting that owners notify occupants in an effort to comply with notice
requirements, and publishing as required by law, mailing of notices to addresses directed to
occupants would be futile, undeliverable and a waste of funds and resources; and
WHEREAS, alternative methods of providing notice to occupants exist through publication
and through communications with the owners of the properties potentially effected;
NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the
City of Tybee Island that the Code of Ordinances § Title 8, Article 14, §04 D 3 encaptioned
"Required Public Hearings" and Title 8, Article 14, §04 D 7 encaptioned "Notification of
Adoption of Ordinance for Designation" be amended as follows:
The Code of Ordinances be amended so as to delete the following:
The Commission and the City of Tybee Island shall hold a public hearing on any proposed
ordinance for the designation of any historic district or property. Notice of the hearing shall be
published in at least three consecutive issues of the principal newspaper of local circulation and
written notice of the hearing shall be mailed by the commission to all owners of the property and
occupants of such properties to the extent practical. All notices shall be published or mailed not
g: \common \emh\ 14536\ord ina n \00 \public. hrg
less ten (10) nor more than twenty (20) days prior to the day set for the public hearing. A notice
sent via the United States mail to the last known owner of the property shown on the City of
Tybee Island's tax roll and a notice sent via United States mail to the address of the property,
or last known mailing address to the attention of the occupant shall constitute legal
notification to the owner and occupant under this ordinance. Substitute the following to be
the new Title 8, Article 14, §04 D 3:
The Commission and the City of Tybee Island shall hold a public hearing on any proposed
ordinance for the designation of any historic district or property. Notice of the hearing shall be
published in at least three consecutive issues of the principal newspaper of local circulation and
written notice of the hearing shall be mailed by the commission to all owners of the property and
occupants of such properties to the extent practical. All notices shall be published or mailed not
less ten (10) nor more than twenty (20) days prior to the day set for the public hearing. A notice
sent via United States mail to the last known owner of the property shown on the City of Tybee
Island's tax roll shall constitute legal notification to the owner. Because of the absence of street
delivery service to certain areas of the City, reasonable efforts of the commission to notify
occupants by and through the owners of the properties and by publication shall suffice for
notification hereunder.
The Code shall be amended so as to delete the following:
Within thirty (30) days following the adoption of the ordinance for designation by the City
Council, the owners and occupants of each designated historic property, and the owners and
occupants of each structure or site located within a designated historic District, shall be given
written notification of such designation by the City Council which notice shall apprise said owners
g: \common \emh\ 14536\ordinan \OO \public. hrg
and occupants of the necessity of obtaining a Certificate prior to undertaking any material change
to appearance of the historic property designated or within the historic district designated. A
notice sent via the United States mail to the last known owner of the property shown on the
City of Tybee Island's tax roll and a notice sent via United States mail to the address of the
property to the attention of occupant shall constitute legal notification to the owner and
occupant under this ordinance.
Substitute the following to be the new Title 8, Article 14, §04 D 7:
Within thirty (30) days following the adoption of the ordinance for designation by the City
Council, the owners and occupants of each designated historic property, and the owners and
occupants of each structure or site located within a designated historic District, shall be given
written notification of such designation by the City Council which notice shall apprise said owners
and occupants of the necessity of obtaining a Certificate prior to undertaking any material change
to appearance of the historic property designated or within the historic district designated.
Because of the absence of street delivery service to certain areas of the City, reasonable
efforts of the City Council to notify occupants by and through the owners of the properties
and by publication shall suffice for notification hereunder.
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.
g:\ common\ emh \14536\ordinan \00 \public.hrg
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WHEREAS, the Environmental Protection Division of the Department of Natural
Resources has consulted with the City regarding the demands on the City's infrastructure
and the limitations on the City's permitted capacity; and
WHEREAS, the Mayor and Council of the City of Tybee Island has secured a
seasonal permit from the Environmental Protection Division with respect to its water
sewer treatment capacity; and
WHEREAS, the City has adopted Storm Water Management Ordinances and is
making efforts to control non -point source pollutants; and
WHEREAS, the City adopted a moratorium on February 8, 2001 on the issuance
of water /sewer tap -in permits for other than single - family residences, and
WHEREAS, additional restrictions may be necessary; and
NOW THEREFORE, BE IT and,
IT IS HEREBY ORDAINED by the governing authority for the City of Tybee Island
that the Code of Ordinances, is hereby amended by the adding sections to be identified
and numbered in Title 8 Land Development Code, Chapter 1ti, Growth Management
§ 1 , et seq., which said sections read as follows:
§1. Findings and Statement of Purpose
The Mayor and Council make the following findings and statement of purpose:
Rapid development has occurred within the City over the past several years increasing
demand and causing an excessive burden upon the infrastructure of the City, particularly
with respect to waste water treatment and drainage concerns; there is a compelling need
to upgrade the water and sewer treatment facilities; following the presentation of
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information by the City Public Works Department; the City Water Department and
evidence presented by the City's engineers and following comments from representatives
from Environmental Protection Division of the Department of Natural Resources; the
Mayor and Council of the City find that all of the circumstances are such that a critical
stage is approaching with respect to overburdening the existing infrastructure of the City
and in order to plan therefore, and in order to prevent a shortage of facilities and so as
not to place the City in a position where penalties are sought from the City for violation
of any permits, in the interest of the public health, safety and welfare, the Mayor and
Council find that restrictions on development pursuant to a realistic schedule which will
coincide with planned improvements to the waste water treatment plant and in order to
conform to the master plan previously adopted by the City, it is found as a matter of
governmental interest and public concern, that an immediate measure is necessary in
order to more fully plan and control growth within the City in order to protect the facilities
of the City and its' citizens.
§2 - Development /Growth Schedule/Moratorium
A moratorium is hereby imposed on the issuance of any additional water /sewer
tap -in permits for any structure or project or development of any nature whatsoever
except for single family residences. This moratorium shall be effective until a realistic
schedule is developed or for a period not to exceed ninety -three (93) days while the
Mayor and Council, City Manger and departments within the city investigate ways to
control the increasing demands on the water /sewer treatment facility and to enact
ordinances or to reject proposed ordinances dealing with ways to control the increasing
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demands on the water /sewer treatment facility. Further, during the term hereof, the City
Manager, the Mayor and Council, and all the departments of the City may investigate
ways for improving the wastewater treatment facility and financing for improvements as
may be deemed necessary and to assess the degree and nature of further demand on
the water /sewer system.
§3 - Procedure
The following procedures shall be put in place immediately. Under the Supreme
Court case of Cannon v. Clayton County, 255 Ga. 63 (1985), the Supreme Court stated,
"Where a landowner makes a substantial change in position by expenditures and reliance
on the probability of the issuance of a building permit, based upon an existing zoning
ordinance and the assurances of zoning officials, he acquires vested rights and is entitled
to have the permit issued despite a change in the zoning ordinance which would
otherwise preclude the issuance of a permit ". Pursuant to this case, the City of Tybee
Island recognizes that, unknown to the City, de facto vesting may have occurred. The
following procedures are established to provide exemption from the moratorium where
vesting has occurred:
(a) a written application, including verified supporting data, documents
and facts, may be made requesting a review by the Mayor and Council at
a scheduled meeting of any facts or circumstances which the applicant feels
substantiates claims for vesting and the grant of an exemption;
(b) within one week of the enactment of the moratorium, the City shall
cause to issue an advertisement in the newspaper of local circulation to run
once a week for two consecutive weeks providing notice to the public of the
imposition of this moratorium and the opportunity for review before the
Mayor and Council.
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§4. Preamble/Findings of Fact
The preamble to this ordinance is hereby incorporated into this ordinance
as if fully set out herein.
§5. Variance
Where, by reason of unusual circumstances, the strict application. of this ordinance
would result in exceptional practical difficulty or undue hardship upon any owner of
specific property, the Mayor and Council in passing upon an application for a variance
shall have the power to vary or modify strict adherence to the terms hereof so as to
relieve such difficulty or hardship; provided however, that such variance, modification or
interpretation shall remain in harmony with the general purpose and intent of this
ordinance so that the goals hereof can be achieved and substantial justice done. In
granting any variance, the Mayor and Council may impose such reasonable and
additional stipulations and conditions as will in its judgment thus fulfill the purposes of this
ordinance.
§6. Severability
The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance
shall be declared invalid by the valid judgment or decree of any court of competent
jurisdiction, such illegalities shall not effect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance.
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§7 - Repealer
All ordinances and parts of ordinances in conflict herewith are hereby
expressly repealed.
§8 - Adoption/Effective Date
The adoption date of this ordinance is I , 2000 and
it shall become effective on that date.
§9 - Expiration
Unless renewed following additional hearings, this ordinance shall expire
Ninety -three (93) days from the effective date hereof.
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.
ADOPTED THIS \12-DAY OF , 2001.
ATTEST:
a F C UNCIL
MAYOR
IRST READING:
SECOND READING:
ENACTED:
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5 -010 permits required for construction
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 5
Procedures for Administration and Enforcement, Section(s) 010 Permits Required for
Construction, be amended to read as follows:
Section 1. Section 5 -010 is hereby amended to read as follows
5 -010 PERMITS REQUIRED FOR CONSTRUCTION
The following is a list of permits needed for construction of a building or structure or the movement of a
building or structure that may be needed for any type of land development in the City of Tybee Island,
Georgia.
(A) Building Permit
A building permit is required prior to construction, alteration, or installation of any structure.
Electrical, mechanical and plumbing permits are included within this permit. For construction valued
below -41 a minor construction permit is required, but, no fee is charged.
Construction valued above $1,500.00 $500.00 is considered to be major construction for which a fee
is required.
(B) Relocation Permit
A Relocation permit is required any time a manufactured home, mobile home, trailer, out building,
house or structure is moved from any location to any lot or parcel within the city limits of Tybee
Island. Buildings used for the purpose of storage only with no need for electricity or plumbing are
exempt from this requirement. Electrical, mechanical and plumbing permits are included within this
permit.
(C) Sign Permit
Prior to the erection of a sign for either on premises or off premises advertising, the Zoning
Administrator must first issue a permit in accordance with the sign regulations set forth in Article
6 of this ordinance. Permits are required for both temporary signs as well as permanent signs.
(D) Demolition Permit
Prior to destruction of a building, structure, or sign, a
demolition permit is needed. Such permit may be attained from the City of Tybee Island Code
Enforcement Department.
(E) Electrical Permit
An Electrical Permit is needed before installing any electrical wiring or fixtures. This permit is
not needed if a re- location permit or building permit has already been issued on the structure.
(F) Plumbing Permit
A Plumbing Permit is needed whenever a plumber installs a new plumbing system in an existing
structure. This permit is not needed if a re- location permit or building permit has already been
issued on the structure.
(G) Mechanical Permit
A mechanical permit is needed before a licensed installer may install any mechanical device such
as a heating and/or cooling system for air or water. This permit is not needed if a re- location
permit or building permit has already been issued on the structure.
(H) Land Clearing, Disturbance or Excavation Permit
Regardless of the use of the land, a permit is required prior to
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5 -010 permits required for construction
the clearing of trees, topsoil, or water on any parcel of land in the City of Tybee Island.
Furthermore, there shall be no excavation or addition of soil, trees, or water until all proper
permits are obtained. This permit is not needed if a re- location permit or building permit has
already been issued on the structure.
(I) Tree Removal
A tree removal permit is required if a person intends to remove either a significant tree or any
number of trees that will result in a tree density of less than required.. This permit is required
regardless of any other permits obtained.(Ord. 1999 -16; 05/27/99)
(J) Shore Protection with Variance Clause
Notwithstanding any other provisions of any other ordinance or regulation to the
contrary, no permit for building, land clearing, disturbance or excavation, shall be
issued for activities or areas seaward of the line established by the Shore
Protection Act, O.C.G.A. §12 -5 -230. Except however, for the purposes of this
ordinance, the line shall not be based upon the occurrence or existence of a live,
native tree twenty feet in height or greater, but rather shall be determined based
upon existing structures. The Mayor and Council may grant a variance to the
strict application hereof pursuant to Title 8, Article 5, Section 90 (8 -5 -090). 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. (Ord. 2001 -02; 1/11/01)
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
a� i 11c3v,
acq ze yn Brown, Clerk of Council
1st (Reading:
2nd Reading: 11 I l a-i 51
Enacted: r(I
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9 -030 Building Permits
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 9
Building Regulations, Section(s) 030 Building Permits, be amended to read as follows:
Section 1. Section 9 -030 is hereby amended to read as follows
9 -030 BUILDING PERMITS
(A) Application for a building permit must be made by the owner, or his agent, accompanied by two (2)
sets of plans or blueprints, together with specifications of the work to be done. All applications
for a building permit for building a new building or any additions must be accompanied by a plan
showing size of lot and portion of lot to be built on and shall show that the lot has been surveyed
by a licensed surveyor, or that lot stakes have been placed in position in accordance with such a
survey. No work of any nature shall be started until a building permit has been issued. A permit
must be secured for all new construction, all alterations and all repairs. No permit shall be issued
until the prescribed fees for same have been paid in accordance with the following schedule:
(1) Repairs less than Q440$00.00 No charge
(2) Where the value exceeds $1,500.00 $50000 but not over $2;000:00$1,500 00 $20 0& 25 00
(3) For each additional $1,000.00 value or fraction thereof, per $1,000.00 value $5.00
All permit fees are non - refundable.
(B) Prior to any land disturbing activity or structure modifications, the landowner or building permittee
shall show the diameter and location of all trees of six (6) inches or more in diameter at breast
height (4 1/2 feet above existing grade) on a sketch of the site, together with the location of
existing or planned improvements on the site. A Tree Removal Permit shall be obtained prior to
the removal of any significant tree, or prior to the removal of any tree of six (6) inches or more in
diameter at breast height that would result in a tree density less than three trees per each 4,500
square feet of area.
(C) All construction sites are required to have restroom facilities as well as sufficient containers for
collecting all waste and debris created from the construction activities. No inspection shall be
conducted until the applicant has provided proof of compliance with these requirements. If during
construction such facilities are not provided on site, the building inspector will issue a stop work
order until such compliance is achieved.
(D) Any applicant for a building permit shall have the right to appeal to the mayor and council should the
building inspector refuse to approve the issuance of a permit.
(E) Construction must begin within one hundred and eighty (180) days from the date of permit issuance.
(ORD. 1999 -12; 05/27/99)
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.
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9 -030 Building Permits
Mayor Walter W. Parker
R. Brdv.rn, Clerk of Council
st Reading:
2nd Reading: rl 11'91 cl
Enacted: 111 -I 6l
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STATE OF GEORGIA
COUNTY OF CHATHAM
AFFIDAVIT
PERSONALLY appeared before the undersigned 'attesting officer,
duly authorized to administer oaths, Xr LifE2 k 6 -tak£2 , who
after being duly sworn, deposes and on oath states the following:
(1) I was the presiding officer of a meeting of the Tybee Island
City Council held on the 12141 day of c )L I Li , 2001.
(2) That it is my understanding that O.C.G.A. § 50- 14 -4(b)
provides as follows:
When any meeting of an agency is closed to the public
pursuant to subsection (a) of this Code section, the
chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the
meeting a notarized affidavit stating under oath that the
subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions
provided by law and identifying the specific relevant
exception.
The subject matter of the closed meeting or closed portion of
the meeting held on the of C411-1(.1 , 2001, which was
closed for the purpose(s) of 1 i4iQO.AtOn °4' e Scnne-L
as allowed by
(3)
O.C.G.A., Title 50, Chapter 14, was devoted to matters within
those exceptions and as provided by law.
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(4) Any unrelated matters which were mentioned or attempted to be
offered for discussion during the closed portion of the
meeting were ruled out of order and not discussed.
This affidavit is being executed for the purpose of complying
with the mandate of O.C.G.A. § 50- 14 -4(b) that such an
affidavit be executed.
This a� day of p� t��
(5)
Sworn to and subscribed
befo a me this �,�` day
2001.
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, 2001.
ayor /Presiding Officer