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@ @ITEM 2001 -11 -08 City Council Minutes
Mayor Walter Parker called the November 8, 2001 City Council meeting to order
at 7 P.M. The following members of Council were present: James Burke, Jack
Youmans, Anne Monaghan, Pamela O'Brien and Mallory Pearce. City Attorney Edward
Hughes was present to guide Council on legal issues. City Manager Tom Cannon was
out of town in Huston, Texas at a Hurricane Conference. Council member Shirley
Sessions was absent due to her mother taken ill.
Father John Fitzpatrick gave the invocation, which was followed by the Pledge of
Allegiance being recited by all.
Mayor Parker recognized the following Council members elect: Richard Barrow,
Walter Crawford, Jason Buelterman and Whitley Reynolds. Parker thanked the retiring
Council members stating that they have been very faithful to their obligation and have
done a great job for Tybee Island.
Tiffany Dennis, Director of the Tybee YMCA, gave Council an end of the year
report on the activities and her goals for 2002. Monaghan moved to close the skate park
until proper safety procedures can be installed. Burke seconded. O'Brien reminded
Council that the City was only to kick in $10,000 towards the skate park. O'Brien asked
who will pay for a fence and the personnel to man the park. Dennis said that the skate
park is a joint venture. Locklear told Council that in 94 the verbal agreement with the Y
was the City to concrete the pad and fence in the area and that the Y would gate it and
pay for personnel to supervise the park. Vote by Council was 4 in favor (Burke,
Youmans, Monaghan and Pearce); 1 opposed (O'Brien).
Henry Levy handed out drawings of the proposed 4 lane of Tybee Road and
explained to Council how much march and area it will take to accomplished the project.
It was noted that DOT Commissioner Tom Coleman plans to have a presentation in
January of the plans. Parker asked Levy what was the recommendation from the CUTS
Advisory. Levy answered no recommendation was made. (Copy of Mr. Levy's handout
becomes a part of these minutes)
Mayor Parker opened, asked for comments and closed the following public
hearings according to the laws of Georgia.
Mary Gross of the Sugar Shack 301 First Street, PIN 4- 3 -15 -1, presented Council
with her petition for a variance to continue non - conforming use in order to change the
roof line of the Sugar Shack and to add a room above the existing structure for storage
space and meeting room for staff. This will make the area downstairs needed for a
freezer. Pearce asked if the building would still be within the 35 -foot height
requirement? Ms. Gross answered yes. Levy said the Planning Commission voted 7 —0
in favor of granting the variance.
Community Development Director Elizabeth Hodges presented a minor
subdivision petition from William Dalzell, # 5 6t' Street, PIN 4- 5 -7 -3. Hodges explained
that the existing 2 -story structure will be demolished. Hodges said information on
subdivision will be printed on plat, this is a R -2 district but the plans are for 2 single -
family homes. Hodges told Council that the petition before them is for a minor
subdivision. O'Brien questioned the storm drainage plan under code 5-4 -9, how the
water flows now and how it will flow after construction. Hodges that the land disturbed
by construction will be addressed at the building permit stage. Hodges told Council that
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she was developing a checklist for development. Levy said that the Planning
Commission vote 5 in favor, 1 opposed 1 abstained.
Mike Monroe presented Council with a petition for a setback variance for placing
a stoop /entrance way on the house located at 1102 Lovell Avenue, PIN 4- 6 -19 -1.
O'Brien asked if he planned to take up the existing concrete. Monroe answered yes.
O'Brien asked if the setback variance is on the 11th Street side. Monroe answered yes.
Levy said the Planning Commission voted 5 in favor; 2 opposed.
Community Development Director Elizabeth Hodges presented a variance
petition from Elizabeth Shook, # 3 10th Street, PIN 4- 6 -15 -6 to add a widow walk,
replace existing porch decks on a non - conforming use structure. Levy said that this
request meets all the code requirements and does not see why it came before the Planning
Commission. They voted 6 in favor to grant variance and 1 opposed.
Joseph Warren presented Council a petition for a variance to continue non-
conforming use of a structure located at 114 Miller Avenue, PIN 4- 3 -13 -7. Warren said
that he would like to add a garage with sleeping area and bath above the garage; the home
will continue to be a single - family residence. The access to this area would be through
the main house. Levy said that the Planning Commission voted 6 in favor and 1
abstained.
Renee and Mark Lofton presented Council with their petition for a setback
variance to move an old Tybee Cottage from # 1 9th Terrace to 1116 Jones Avenue, PIN
4- 6- 21 -7A. Lofton said that the cottage was built around 1930's. Lofton said that he
needed a 15 -foot variance on the 12th Street side. Pearce questioned the trees. Lofton
said the tree would probably die anyway because of the land disturbance. O'Brien said
that mitigation is needed for the live oak according to the Land Development Codes.
Levy said that Planning Commission voted 5 in favor, 1 opposed and 1 abstained.
Marcia Schwarz presented a petition to Council for a side yard setback in order to
place a 3 1/2 foot stairway in the 10 foot setback, will expand the living room and cover
convert the deck into a larger porch at 1A 11th Place, Tybee Straits PIN 4- 7 -2 -19.
Schwarz said the lot is only 39 feet wide. Schwarz said that the homeowners association
has approved the plan. Levy said the Planning Commission vote 4 in favor of granting
the variance, 3 opposed.
Dale Yarn presented Council with a petition for a minor subdivision for Sheryl
Kreh at # 5 6th Terrace, PIN 4- 5 -8 -6. The subdivision will make 2 single - family lots.
Pearce asked if this request met the code. Chuck Bargeron answered yes. Monaghan said
that there is a house on one portion of the lot now and a park area on the other. Yarn
answered that is true, the property was given to Ms. Kreh and her brother and they have
no plans to build any time in the near future. Levy said the Planning Commission vote 7
to 0 in favor.
The third hearing was held on the 4 year staggered terms for Mayor and Council.
Youmans gave the background of why Tybee decided to stay with the two -year terms.
Youmans also said that there would be an election every two years anyway so it would
not save us any money. Parker told Council that the Council made the decision to keep it
at 2 years terms. Former Mayor Pat Locklear asked what type of form would Tybee use
and explained that there are several different ways to have 4 -year terms. Monaghan said
the state law reads very clear. David Cornelius told Council that we elect State
representatives every two years and if it is good enough for them than it should be good
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enough for Tybee. Youmans asked if you all agree, where does it state referendum in the
resolution. Hughes explained. Sallie Keller said keeping the two -year term makes for a
responsible government and it helps prevent clique.
Mayor Parker opened the meeting for business legally presented to Council.
O'Brien moved to adopt the resolution for 4 year terms of office for Mayor
and Council members to go to a vote for the citizens as a referendum in 2002 as advised
by Representatives Ron Stephens and Burke Day. Pearce seconded. Vote by Council
was 3 in favor (Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans).
Monaghan moved to approve the zoning request from Mary
Gross for the Sugar Shack. Pearce seconded. Vote by Council was unanimous.
Pearce moved to approve minor subdivision for Dalzell at # 5 6th
Street. Burke seconded. O'Brien moved to amend by the addition contingent upon
compliance of the storm water ordinance. Pearce accepted the amendment. Burke
said that when something is built on land then we need storm water plan. Vote by
Council was unanimous.
Council took a unanimous vote on a motion by Monaghan, a second by Pearce
for a variance for Monroe at 1102 Lovell Avenue.
Monaghan moved to approve the setback variance for Shook located at # 310th
Street. Pearce seconded. Vote by Council was unanimous.
Monaghan moved to approve the variance for continue use of a non-
conforming structure for Warren at 114 Miller Avenue. Youmans seconded. Vote by
Council was unanimous.
Both Monaghan and Burke moved to approve the setback variance for Lofton at
1116 Jones Avenue. Pearce and Youmans seconded. O'Brien said that Lofton needs to
show compliance with the storm water ordinance and arrange for tree mitigation. Vote
by Council was unanimous.
Pearce moved to approve the setback variance for Schwarz at 1 A 11th Place.
Youmans seconded. Vote by Council was 4 in favor (Burke, Youmans, O'Brien and
Pearce); 1 opposed (Monaghan).
Pearce moved to approve the minor subdivision for Kreh at # 5 6th Terrace.
Youmans seconded. It was noted that they couldn't build on the lots until they bring a
drainage plan in for City approval. Vote by Council was unanimous.
O'Brien discussed the following action items: Saxman report on the project
across the street from City Hall. Hodges said there is still a problem with compliance
with the codes. 5 building on 3 lots — condos are a form of single family housing —
access problem — talking about recombining the lots — off street parking not met — buffer
on the south side — all of this must be addressed before the other project can go forward.
Monaghan asked if this would be before the end of the year? Hodges answered that it
was up to the developers. Monaghan asked if the building can still go on? Hodges said
that the City could stop work now or continue to work with the developer. Parker asked
if there was a time frame? Hodges said she has not given the developers a deadline — at
some point we will do that but the developers are answering questions and bringing in the
material required by the City. O'Brien asked about Phase II. Hodges answered she will
not approve Phase III if Phase I and II did not comply. Survey of residents — Johnson
said that the envelopes have been ordered and that the survey should be mailed out
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Monday after Thanksgiving. Drainage list — please date and note what progress has been
made and also a new priority list for a 2002 plan.
Pearce moved to accept the minutes as presented. Monaghan seconded. Vote by
Council was unanimous.
Monaghan moved to adopt the Coastal Management Grant Inlet/Back River
surface grant resolution. Peace seconded. Vote by Council was unanimous.
Pearce moved to adopt a resolution for Green space and /or Natural Habitat.
Monaghan seconded. Vote by Council was 3 in favor (Monaghan, O'Brien and Pearce);
2 opposed (Burke and Youmans).
O'Brien moved to adopt the School Board Elections to Non - Partisan
resolution. Pearce seconded. Vote by Council was unanimous.
Pearce moved to authorized Cannon to apply for the State permit for beach
Crossovers through DNR. Monaghan seconded. Vote by Council was unanimous.
Monaghan moved to adopt the new alcohol beverage application. Pearce
seconded. O'Brien asked Hughes if he was comfortable with the application. Hughes
answered yes. Vote by Council was 4 in favor (Burke, Monaghan, O'Brien and Pearce);
1 opposed (Youmans).
O'Brien moved to adopt Section 4 -050 C -1 Prohibit Multi - family on its second
reading. Monaghan seconded. Vote by Council was 3 in favor (Monaghan, O'Brien
and Pearce); 2 opposed (Burke and Youmans).
O'Brien moved to adopt the ordinance on Growth Control in the Land
Development Code on second reading. Pearce said that on the advice of the attorney he
feels that this should be treated as the first reading. O'Brien agreed to amendment.
Vote by Council was 3 in favor (Monaghan, O'Brien and Pearce); 2 opposed (Burke and
Youmans).
Pearce moved to adopt the fee policy on trees for the second time. Monaghan
seconded. Vote by Council was 3 in favor (Monaghan, O'Brien and Pearce); 2 opposed
(Burke and Youmans).
O'Brien said she is concerned about the fishing hole at the flat bridge. It will
collapse if no action is taken. Parker said that he has talked with DOT, DNR and DPW.
O'Brien asked why the 2002 proposed budget was not on the agenda. Parker said
that advertising needed to be done and that the budget was not ready for tonight. A
special Council meeting will held on November 15 for a public hearing on the 2002
budget. Monaghan announced that she had made plans for that evening already.
Mayor Parker adjourned the meeting at 8:39 P.M., as there was no further
business to come before Council
Clerk of Council
Mayor Walter W. Parker
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IN 1111111
RESOLUTION
WHEREAS, the City of Tybee Island has traditionally maintained a system of
concurrent two year terms of office for all elected officials, and
WHEREAS, the efficiency of the government on behalf of the peopl: could be
increased by converting the terms of office to four year staggered terms, and
WHEREAS, it is the desire of the Mayor and Council of the Qty of Ty ee Island
to request the General Assembly to provide, by local law, for four year staggere.• terms of
office.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council duly embled
in open meeting, that the Iocal delegation be requested to sponsor local legisla on in the
General Assembly to provide for all municipal offices to be elected for four year erms with
such terms to be staggered so that not more thin three council positions will up for
election in any given election and to provide for the implementation of such to by initial
terms of two years as necessary to change the terms of the offices to four year staggered
terms.
The city attorney and city manager are directed to take appropriate steps to pursue
the introduction of this legislation before the General Assembly.
SO RESOLVED,
This day of . 2001.
ATTEST:
Jackie Brown/Clerk of Council
ZVENTYBEEVARESOLUTION
Walter W. Parker, Mayor
too /zoo•. 6019# O'Z'SUDnit /32 0ar'Mn•itIVAYMVTmra
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RESOLUTION
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Whereas, the Georgia Coastal Management Program under the Coastal Resource
Management Act of 1972 are offering Grants applications for drainage
improvements that are requested by December 3, 2001.
NOW, THEREFORE, be it resolved by the City Council of Tybee Island that:
1. The City will apply for a Grant of $25,000.00 to improve our surface water
drainage at Inlet Avenue and the back river ( Tybee Creek).
2. Under the terms of the Grant, the City will match the Grant funds, when they
become available, with $25,000.00 in cash or in -kind services as necessary.
This 8t day of November, 2001
MAYOR
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RESOLUTION
WHEREAS, the governing authority of City of Tybee Island has previously directed
the City Attorney to negotiate with Land Trust organizations or otherwise to proceed in
such a manner as to protect certain properties within the qty as greenspace and/or natural
habitat, and;
WHEREAS, the City of Tybee Island owns or will acquire certain properties which
have been deemed appropriate for designation as greenspace or natural habitats, and;
WHEREAS, the City has authority to permanently dedicate properties owned by it
to be maintained as greenspace by way of conservation easements in order to preserve the
natural, scenic, open space, and wildlife habitat values of such property and insuring
availability for recreational, wildlife and/or open space use and to protect the natural
resources;
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council duly
assembled, that the Mayor be authorized to sign documents creating conservation easements
on the unopened portion. of Rosewood Avenue, the Sally Pearce Nature Trail, and the Blue
Heron Nature Trail, so that such properties will be permanently protected in open space,
greenspace condition and maintained in accordance with the terms of the conservation
easements; subject only to the power of a court to modify or terminate the conservation
easements and further, be it resolved, that in the event any grant funds are received in
connection with any property dedicated pursuant to this resolution or the conservation
easements established as a. result hereof, any such grant funds must be refunded to the
provider in the event of any effort to remove the conservation easement from the property.
BE IT SO RESOLVED, in open meeting, this T day of , ZOOL
1V )v.uL'LUUl 11: 1 :LzGSaZttr GA. LLAWF.Y,BRAUN,RIDDLE &HUGHFZ, ?.O #6918 P.003i003
EMH'7A ,Sirs EsocUTlON
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/ / / / %!�,r1 ∎WAIK
Mayor Walter W. Parker
RESOLUTION
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Whereas the City of Tybee, being a part of Chatham County recognizes the need for a
strong public school system, and
Whereas, the City of Tybee Island recognizes the value of removing politics from the
business of education whenever possible, and
Whereas, the City of Tybee Island elects our own City Council through non - partisan
elections, and
Whereas the City of Tybee Island understands that legislation can be passed to change
our school board elections to non - partisan,
NOW BE IT RESOLVED that the City of Tybee Island supports such a change and urges
the members of the Chatham County delegation to sponsor the necessary legislation and
vote for its passage as soon as possible.
Adopted this 8th day of November 2001.
Mayor Walter W. Parker
Pfttr-L-1.---)
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City of Tybee, Georgia
Application for Alcoholic Beverage License
Before the undersigned attesting officer duly authorized to administer oaths, personally comes the
petitioner for a license to conduct business described below and, first being sworn on oath, says
that the information given and the statements made in this application are true, correct and
complete.
Application is hereby made for a business license to do business within Tybee Island as a dealer in
alcoholic beverages as indicated below:
1. Kind of Business to be operated Fee
Retail wine & Beer or other malt beverages $350
Sales by Pkg. Only Consumption on Premises Prohibited
Retail Beer/Wine — Sale by Drink $575
Consumption on Premises Only
Wholesale beer or other malt beverages $765
Retail liquor — Sale by package only $850
Retail liquor — Sale by drink only $1,250
Retail liquor — Sale by package and drink $2,000
Wholesale liquor $1,500
Wholesale wine $150
Distiller, Brewer or Manufacturer $300
of Alcoholic Beverages
Special Event — One Day Beer/Wine/Liquor $50
Special Event - 3 Day Beer/Wine/Liquor $100
Special Event — Establishments holding current $10 per event
Licenses Beer/Wine/Liquor
Total License Fee
2. Name of Business
3. Location of Business
4. Telephone # located at business
5. Name of applicant
Age Date of birth SS#
Home address Phone #
6 Name of owner SS#
Home address Phone #
I8. Name of operator /manager Phone #
9. Names and address of all persons having an interest of 10% or more in said business
7. Is business incorporated? If yes, Where and what date
10. Name of landlord of the business location
Home address Phone #
11. What other types of businesses will be conducted at said location
12. Has application been made for required State and Federal licenses?
13. Has applicant or any person connected with or having an interest in said business:
(a) ever been convicted of any violation of law other than for a traffic violation?
if so, give details
(b) ever served time in prison, other correctional institution?
(c) ever had an alcoholic beverage license suspended or revoked at any time in any
locality?
14. If the answer to any part of the above question is "yes" for the applicant or any
person connected with or having an interest in said business, describe
circumstances in detail for each person. (Attach additional sheet if necessary)
15. If this application is for RENEWAL of an existing license, enter number of the
existing license
16. If a renewal, has any information changes since the original license was issued?
If yes, please give details (attach additional sheet if necessary)
17. If eating establishment, are SUNDAY sales of alcoholic beverages contemplated?
If yes, additional affidavit must be submitted for authorization.
ALL OF THE FOREGOING INFORAMTION IS HEREBY GIVEN AND ALL OF THE
FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILFULLY, KNOWINGLY, AND
ABSOLUTELY, AND THE SAME IS AND ARE HEREBY SWORN TO ME TO BE TRUE UNDER
PENALTY OF LAW.
Sworn to and subscribed before
Me this day of , 2001.
1otary Public
Applicant Signature
otice: The applicant for a retail license shall be a citizen of the United States, a resident of Chatham
unty, and owner of the business or if a corporation, partnership or other legal entity is the owner, a
stantial and major stockholder or the applicant may be the manager of the business charges with the
regular operation of said business on the premises for which the license is issued.
IMPORTANT: Applicant for an alcoholic beverage license must attach hereto a valid check, cashier's
check or money order payable to the City of Tybee Island in the amount of the license fee to be due if
said license is granted, plus any other applicable charges as show below:
Date application received License #
Amount paid:
License fee
Administrative fee
Advertising
Sign
Total $
Application has been examined and found to conform to the requirement s of the ordinances of the City
Tybee Island and is recommended for Approval Referral to City Manager
erral to City Council
Reason:
By:
Inspections Department: Approved Disapproved
Police Department: Approved Disapproved (Police report should include previous
history of establishment)
Comments:
********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Submitted to City Council on
Approved Disapproved
Mayor's Signature
rk of Council
****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
elivered to Occupation Tax Clerk on
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CONSENT FORM
I hereby authorize the Tybee Island Police Department to receive any criminal history record
information pertaining to me which may be in the files of any state or local criminal justice agency
in Georgia. Be it further understood that the purpose of obtaining this information is to satisfy the
requirements set forth by the Mayor and Council of the City of Tybee Island, regarding alcoholic
beverage license applications.
Sex Race Date of Birth
Social Security #
Sworn to and subscribed before me
This day of , 2001
tary Public
Full Name (PRINT)
Address
City, State, Zip
Signature
********************** * ** * * * * * * ** * *, * * * * * * * * * * ** * * * ** * * * * * * * * * * * * * * * * * * * ** * * ** * * * **
EE ISLAND POLICE DEPARTMENT
marks
Date:
STATE OF GEORGIA )
COUNTY OF CHATHAM )
Signed Title
City of Tybee Island
AFFIDAVIT
I, , being duly sworn by the undersigned officer
authorized to administer oaths, do hereby make this affidavit to be part of my application for a alcoholic
beverage license in the City of Tybee Island to sell distilled spirits, malt beverages and/or wine for the
consumption on the premises in my eating establishment on Sunday. Said establishment is located at
in Tybee Island, Georgia.
In the owner of said establishment known as
I am the President, Secretary (or other official title of corporation) of said establishment known as
I hereby further state under oath that at least 50% of the total annual gross food and beverage sales are
derived from the sale of prepared meals or food.
This day of , 20001.
Swom to and subscribed before me this
day of ,2001.
Notary Public
Signature
Print Name
Address
Approved Disapproved Chief of Police
Date
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4 -050 district uses
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(s) 4 -050 District Use Regulations, be amended by the addition the
following paragraph 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
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
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4 -050 district uses
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
and residential land 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.
(ORD. 2001-
24; 11/08/01)
(1) Uses Permitted by Right after site plan approval. In a C -1 beach business district, land may be
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4 -050 district uses
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, time shares,
tourist homes, bed & breakfast inns; plus single family, two family, three family, and
four family dwellings.
b. apothecary shops,
c. gift shops,
d. barbershops, beauty shops,
e. finance, 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. . public structures
(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 -m 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
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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.
(G) N -M Neighborhood Marina District. The purpose of this district is to reserve those waterfront areas
which have value for commercial land uses involving pleasure and commercial water craft. The
N -M district is intended to be used for neighborhood marina facilities with a modest scale of
operation. These facilities shall be developed so as to be compatible with any adjacent residential
properties and shall not be detrimental to persons or property on or off the site.
(1) General requirements. A site plan shall be submitted to the Planning Commission for review
and to the Mayor and Council for approval that meets the requirements of Article 5 and
contains the following information:
a. A document indicating the general operating hours of all activities to be included in
the marina and what safeguards are to be used to insure that the marina's
activities will not become or represent a nuisance or hazard to the surrounding
property owners or tenants thereof. Examples of additional subjects to be
covered shall include, but not necessarily be limited to, probable flooding,
erosion, fire, explosion and subsidence of the proposed buildings and structures.
(2) Design standards. The development plan shall comply with the following standards:
a. Access shall be located, designed and improved for safety, convenience, efficient
circulation, on the property and minimum interference with normal traffic flow
on adjoining streets. Driveways and curb cuts intersecting with public rights -of-
way shall be marked and shall not exceed a maximum width of thirty (30) feet.
Curbs, blockades, bumper blocks or other devices shall be used to control and
channel traffic, to separate pedestrian ways from vehicular ways, and to prevent
entry to and from adjoining streets except via a designated driveway.
b. Yards shall be provided as required for the adjoining districts and shall be
landscaped and improved in a manner appropriate to the residential character of
the adjacent district; provided, however, that a street front and residential side
setback be a minimum of five (5) feet when a six -foot minimum height solid
faced and continuous fence, or other structure with no openings shall be erected
and maintained. Any hedge and other screening structures shall screen the
adjoining property from the activities of the marina.
c. The structure(s) housing the activities of the marina shall not occupy more than forty
(40) per cent of the total lot area.
d. Only one principal use sign shall be visible from the adjacent public street. That sign shall
not exceed a maximum size of thirty-two (32) square feet in area nor eight (8)
feet in any outer dimension. Any sign if illuminated shall be externally lit, non-
flashing and containing no neon illumination. The maximum height of the sign
shall not exceed fifteen (15) feet above the average ground elevation of the base
of the sign or from the structure foundation to which it is attached. No sign shall
be located closer than five (5) feet to the property line or street right -of -way.
e. Plans for extensions and/or business expansion will be accompanied by a detailed
proposal and submitted to the governing body for approval prior to
implementation.
f. All structures built within this district shall comply with the same height requirements
specified in Section 3 -090 for R -020.
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(3) Uses Permitted by Right after Site Plan Approval. In a N -M Neighborhood Marina 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. Boat launching facilities,
b. Bait shops; and
c. Retail sale of boating provisions.
(4) Uses Permitted after Special Review and Site Plan Approval. In a N -M Neighborhood Marina
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,
b. Restaurants,
c. Watercraft & equipment rental,
d. Watercraft sales & dry dock storage,
e. Wholesale & retail seafood sales; and
f. Machine repair shops.
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.
(H) TBR Transitional Business- Residential District. The purpose of this district is to create an area,
contiguous with the commercial -Two (Highway commercial District) where residential,
professional, institutional and light business (i.e., certain kinds of convenience shopping, retail
sales and services) are permitted by right and can be intermixed and concurrently protect the
neighborhood from blight and slum conditions. This district shall only be established in older
sections of the community where intermixing currently exists and is found to be necessary and
desirable, creating a buffer zone between two districts of varying uses. It is further stipulated
that, when this provision is invoked for the purpose of allowing a residential use within the 200'
commercial strip, then the setbacks for R -020 contained in Section 3 -090 shall apply. All
commercial uses require site plan approval.
(1) Uses Permitted after Special Review and Site Plan Approval. In a TBR Transitional Business-
Residential 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 public hearing has been held by the planning commission, and the
Mayor and Council has granted approval at a regularly scheduled meeting. At these
public meetings, the proposed land is reviewed under criteria for both site plan approval
and special review.
a. Off -street parking lots, used by C -020 businesses, for the purpose of meeting the
minimum parking requirements as specified by this ordinance.
(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
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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.(Ord. 1999-
10;4/22/99)
(L) Maritime District. The purpose of this district shall be to protect the character of the commercial
development along the lazaretto creek within the city limits of Tybee Island. In the maritime
district, land may be used and buildings or structures may be erected or used for the following
purposes.
(1) Uses Permitted by Right:
a. Aquaculture projects
b. Assembly hall, club, or lodge
c. Bait shops
d. Boat building and repair facilities
e. Boat launching facilities
f. Boatel
g. Commercial charter or sightseeing watercraft facilities
h. Commercial fishing and crabbing
i. Craft shops
j. Cultural facilities
k. Docking of watercraft
1. Fishing camp
m. Government buildings
n. Incidental waterfront uses such as docks, piers, refueling facilities and pumps
o. Light business
p. Marina
q. Recreational activities carried on wholly within a building including theaters, dance halls,
and activities of a similar nature
r. Passenger cruise lines
s. Private or residential or community dock
t. Public utility structures
u. Retail sales of boating provisions
v. Retail sales
w. Single family dwellings
x. Specialty shops
y. Two family dwellings
z. Wholesale/Retail seafood/sales /warehouses
(2) Uses permitted by special approval after site plan review
In the maritime 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
public hearing has been held by planning commission and the mayor and council have granted
approval at a regularly scheduled meeting. At these public meetings, the proposed land is
reviewed under criteria for both site plan approval and special approval.
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a. Commercial amusements including amusement parks, and other commercial games and
sports
b. Restaurant - (No Alcohol)
c. Restaurant, sit down facility which serves alcoholic beverages (must have council approval
for liquor, beer, wine and sunday sales)
d. Townhouses, motels, bed and breakfast inns, condominiums(ORD. 1995 -17; 12/7/95)
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:
2nd Reading:
Enacted:
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November 8, 2001
Policy
Tree Permit Fees
$20.00 To Remove a diseased tree with written documentation from
a qualified tree authority that the tree is indeed severely diseased
$ -0- To remove a severely storm damaged tree with written documentation
from a qualified tree authority that the tree is indeed severely diseased
Reimburse property owner for the difference of any higher fee collected since May 1,
2001.
Mayor Walter Parker