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HomeMy Public PortalAbout20080925CCMeeting1 1 1 20080925 City Council Minutes Mayor Buelterman called the Consent Agenda to order. Present were Mayor Pro Tem Wanda Doyle and Council Members Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also attending was City Attorney Bubba Hughes, City Manager Diane Schleicher and Planning Director Brannyn Allen. Mayor Buelterman listed the following items on the Consent Agenda: Revised City Travel Policy incorporating a daily per diem rate in lieu of actual meal expenses. Hussey, Gay, Bell & DeYoung Engineering Fee Proposal -14th Street Drainage. Not to exceed $37,000 -Line Item # 320 - 4250 -54 -1400 Cancellation of Marlowe & Company Contract by November 1, 2008. City Council Minutes 9/10/08 Appointment of Denise Byrd as Clerk's Assistant Increase in Judges Salary from $100 to $200 monthly Line Item # 100 - 2650 -52 -1101 Grant Award Agreement Marine Science Center $17,741 for Sea Turtle Conservation Grant Award Agreement Marine Science Center $23,184 for Invasive Species Research. One Day Alcohol Permit for St. Michael's School, October 4, 2008. Contract with Waste Pro Mayor Buelterman adjourned the Consent Agenda. Mayor Buelterman called the regular meeting of the City Council to order at 7:OOpm. Those at the Consent Agenda were also in attendance for the regular meeting. Reverend Eddie Adkins of the All Saints Episcopal Church gave the Invocation. Everyone recited the Pledge of Allegiance to the Flag. Holly Lanford, Principle of St. Michael's school along with Father Tom Peyton and a group of students gave a short presentation about the history of St. Michael's and their 60th anniversary. A Proclamation honoring St. Michael's School for their 60th Anniversary was presented by Mayor Buelterman. Visitors: Mr. Ed Cawley requested that council declare a moratorium on demo permits for any of the Ft. Screven Gun Batteries In whole or in part until a determination of effect can be performed for the Ft. Screven National Historic District. Ms. Kathryn Williams invited everyone to the Tybee Beautification Beach Sweep scheduled for September 27, 2008 at the Pier. She thanked Karen Reese and Mayor Buelterman for securing the pier for their use at no charge. Prepared on 10/13/08vw Page 1 of 11 1 1 1 Mr. Mallory Pearce spoke in opposition to repealing the Shore Protection Ordinance. Mr. Ross Howard of Tybee Fest requested ordinance 23 -2008, be amended to allow fora petting zoo to be conducted during the Pirate Fest event. He returned the key to the city to Mayor Buelterman to allow the pirates to take it again during the festival. Ms. Linda Gladin said she knows this council does not intend to suppress Tybee Neighbors survey results simply because votes and comments are not associated with specific individuals. She requested council find a way to respect a community resource and process that has integrity and value. Ms. Sandy Major spoke on behalf of the Tybee Neighbors Planning Team. She said the Tybee neighbors group has been conducting surveys since 2005 in order to help council and citizens understand the various sides of issues. She said the website states that while the survey results will be shared with council no names or e-mails will be included. She said they believe the surveys have real value because they provide a way to show various perspectives on issues with community leaders. Clerk of Council Vivian Woods introduced Denise Byrd as her new part time assistant. Ms. Kathryn Williams spoke on Public Hearings and expressed dismay at the way the proposal of the Memorial Park Ad Hoc Committee was handled. She said in her opinion making changes to a proposed plan during the period of public input makes a mockery out of the public hearing process. She said this week they have two major first readings on the agenda without public hearings. She said given that the Shore Protection Line and the Ethics Ordinance have both undergone major changes and in the spirit of open and transparent government public hearings should be held. She requested that council adopt the proposed Shore Protection Ordinance but make necessary modifications. Ms. Williams requested that council table the Ethics Ordinance to allow the commission more time for review as requested and to hold a public hearing when it comes back. Ms. Williams said her research revealed that almost all polls are anonymous and asked that council not suppress public input but encourage it. * ** Disclosures/Recusals: Mr. Hughes said it is his understanding there are no disclosures on the matters for public hearings. Mr. Hughes said all of council has previously had recusal appeals with respect to the Shore Protection Ordinance and those same decisions should control when we get to that issue tonight. * ** Public Hearings: Mayor Buelterman opened the public hearing on a Zoning Variance (Section 5 -090) from Section 3 -090A, Schedule of Development Regulations, and Section 5 -0101, Shore Protection with variance clause. Michael Foran- Savannah Bar Pilots, Inc. extension of porch at 1 Van Horn pin # 4- 0003 -10 -009 Prepared on 10/13/08vw Page 2 of 11 1 1 1 Zone R -1. Ms. Alien said the Planning Commission recommended approval. She said staff recommended denial based only on the strict interpretation of the variance requirements and the code. Ms. White spoke in favor of the petition. Mayor Buelterman closed the public hearing. Mr. Crone moved to approve, Mr. Smith seconded. Mr. Wolff said he doesn't have a problem with this request but thinks council should not consider any variances to the shore protection ordinance while it's under review. The vote was Crone, Smith, Doyle, Brown and Brewer in favor and Wolff opposed. Mayor Buelterman opened the public hearing for a Zoning Variance (Section 5 -090) from Section 3 -090 Schedule of Development Regulations, Richard Fitzer /Front Setback variance for new single family structure at 20 Taylor St. Pin # 4- 0001 -02 -004 Zone R -1. Ms. Alien said the petitioner is requesting a ten foot front setback variance. She said planning commission recommended denial of this petition. She said staff recommended approval and DNR has also approved. Mr. Cawley spoke in opposition to this petition. Mayor Buelterman read a letter from Dale Patterson and Dale Critz, Jr. opposing the project. Mayor Buelterman closed the public hearing. Mr. Crone moved to approve, Ms. Doyle seconded. Mr. Wolff said any hardship to this property was self imposed by the subdivision. He said he has a lot of problems with this including destroying a piece of a historic structure which also provides storm surge protection. He said there are a lot of options that could be used to build a livable residence with architectural value short of requiring variances to the setbacks or demolishing any historic properties. The vote was Crone, Doyle, Brewer, Brown and Smith in favor and Wolff opposed. * ** Mayor Buelterman opened the public hearing for a Zoning Variance(Section 5 -090) from Section 3 -090, Schedule of Development Regulations, James McLeroy /Side Setback variances for deck addition at 1405 Fifth Ave. Pin 4- 0011 -06 -011 Zone R -2. Ms. Allen said the petition had been withdrawn and went back in front of planning commission in September and will come back to council in October. Mayor Buelterman closed the public hearing. * ** Mayor Buelterman opened the public hearing for an Amendment to Section 8 Flood Damage Control, and Section 5 -100, Standards for Variance from the Flood Damage Control Regulations. Mr. Hughes explained that last week council approved the new Flood Damage Prevention Ordinance and as part of that had adopted the standards for a variance from the requirements in that ordinance. He said it basically says that the standards for a variance are contained in the Flood Damage Prevention Ordinance and not in the zoning ordinance. Ms. Allen said planning commission recommended approval. Mayor Buelterman closed the public hearing. Mr. Wolff moved to approve, Mr. Smith seconded. The vote was unanimous. * ** Prepared on 10/13/08vw Page 3 of 11 1 1 1 Mayor Buelterman opened the public hearing for an amendment to Section 4 -050 District Use Regulations, Memorial Park Development PC Public Parks - Conservation District. Ms. Allen said planning commission recommended approval. Mr. Harper asked council to include the buildings in Memorial Park as part of the conservation area. Mayor Buelterman closed the public hearing. Mr. Crone moved to approve, Mr. Brewer seconded. Mr. Wolff said he understands Mr. Brown's motivation for this ordinance but doesn't agree with shrinking the boundaries of the park when there is green space between the buildings. He said he doesn't think they should limit the area they have to work with because they are essentially ignoring potential improvements to the park as a park. The vote was Crone, Brewer, Brown, Doyle and Smith in favor and Wolff opposed. * ** Business Legally Presented: Consent Agenda: Mr. Wolff moved to approve the Consent Agenda. Mr. Smith seconded. The vote was unanimous. * ** Mr. Wolff moved to ask staff to investigate the repercussions of destroying any historic structures within historic districts, Ms. Doyle seconded. Mr. Brewer referenced Mr. Chamber's letter that work could be done on that property without effecting its historical value which implied this wasn't an issue from his perspective as our renowned expert on historical structures. Mr. Brown asked for the word could, to be clarified with either it is or it isn't going to make a difference. Ms. Doyle asked if this research can be done and if useful information can be obtained. Ms. Allen said certainly they can do that. Mr. Smith clarified that they were not voting on a moratorium. Mr. Brewer asked for a point of order and asked Mr. Wolff if this was a structural question or just related to historical integrity. Mr. Wolff said his intention is to find out what risk our Historic Designation would suffer due to destruction. Mr. Crone said he feels they are starting a little too late because most of those batteries already have houses on them and he doesn't see how this one could hurt everything and destroy the historical value. The vote was Wolff and Doyle in favor and Brewer, Brown, Crone and Smith opposed. * ** Action Items: Ms. Doyle asked where they were with the Byers Street Crossover. Ms. Schleicher said at council's request it will be on the agenda for the 2 "d meeting in October. Ms. Doyle asked that it be included on the agenda for the first meeting in October because Burke Day is waiting for the permit application to expedite it for us. Mr. Crone said he thought council made it clear when they voted to put a crossover there. Ms. Schleicher said it was clear but they were waiting for the homeowners to get together to put a road in and it made more sense to let them go ahead and do the permit. Mayor Prepared on 10/13/08vw Page 4 of 11 1 1 1 Buelterman asked that Ms. Schleicher look back and determine if they were supposed to go ahead and file for the permit and if not put this on the agenda for October 9th Mr. Wolff asked Ms. Allen when the Way Faring sign proposals were due in. Ms. Allen said they received 28 proposals and they have narrowed it down. Mr. Wolff asked when they would get to review them. Ms. Allen said probably after the first of the year. She said they will have to come in and do an island wide audit and inventory of existing signs. She said they look at pedestrian and vehicular movement so they can best place the signs and they will probably look at prototypes in January or early spring. Mr. Wolff asked if this would be in place by next tourist season. Ms. Allen responded possibly. She explained that the proposals that came in are just for the first phase of designs and will not be an island wide complete face lift in this phase. Ms. Doyle asked for council to start receiving some kind of communication on the re writes of the land development code. She asked if they were going to have workshops on this. Mayor Buelterman asked that this be part of the work session on October 18th. Ms. Alien said she will be out of town October 18th and will not attend that meeting. She said a joint meeting with Planning Commission and Council has been discussed with Ms. Schleicher in order for the first draft to be reviewed together. Ms. Doyle said the action item list is a good tracking tool to keep up with things. Mr. Brewer said on item #17 assigned to him and Councilman Brown regarding public restrooms on the beach front; he ran into the royal restroom representative at the chamber expo and they had just come back from Galveston and had some interesting comments about what happened with removable versus immovable restrooms on beaches. He said it would be nice for them to meet with the City Manager and have her arrange for them to come out and give us a report about lessons learned in Galveston and also delve into recycling and water conservation issues. Mayor Buelterman said he didn't see the Electric Cars on the Action Items list and asked where we are with that issue. Ms. Schleicher said Mr. Wilson is lining up a few vendors to come and speak to council. Mr. Brewer told Mr. Hughes that a local publication had expressed a question regarding his involvement in discussions about electrical cars as an ethical issue. He asked Mr. Hughes if he felt that any discussion by himself on the electric car issue was a breach of his ethics. Mr. Hughes said he recalls it coming up in the context of the golf cart ordinance and whether the golf carts would be permitted on the island. He said he looked into it at that time and concluded it was not a conflict and any interest Mr. Brewer would have in the Golf Cart issue would be too remote or speculative to require recusal. Mr. Hughes said he spoke with Mr. Brewer about the city using and purchasing electric cars and they had determined participating in that would be not be appropriate for Mr. Brewer. Mr. Hughes said in his opinion Mr. Brewer can participate with the Golf Cart Ordinance but cannot participate in discussions about the electric cars. Ms. Schleicher said she has Tined up a vendor to come and bring information on a small single use compactor. Prepared on 10/13/08vw Page 5 of 11 1 1 1 Action items List Additions were: Electric Car Use by City of Tybee Memorial Park Plan - Follow Up Bike Friendly Designation * ** GMA contract to provide Hotel /Motel audit services line item #100 - 1320 -52 -1201. Mr. Hughes requested to communicate with GMA to add determining properties not paying H/M tax. No Action. Mr. Crone moved to approve for 1st Reading the Repeal of the Shore Protection Ordinance, Ms. Doyle seconded. Mr. Wolff asked about recusals of the other five members of council. Mr. Hughes said at the beginning when he was talking about disclosures and recusals before the public hearings he recommended they just adopt what had been done when they had the public hearing. He said he hopes everyone agrees that this has island wide implications and full participation would be appropriate. Mr. Wolff said council needs to consider the fact very seriously that they are affecting people and property. He said you just have to look at Galveston to understand the repercussions of building too close to the water line. He thinks relinquishing local control over their shoreline would be a huge mistake. He said a lot of the people he knows within DNR say off the record that the worst thing we can do is resort to the state ordinance because it is inadequate protection because local control is vital to protecting our own resources. Mr. Smith said the DNR can give a permit without a subdivision ever having come to the Tybee Council as evidenced by Mr. Fitzer's petition earlier tonight. He said Ms. Shipman who is head of the DNR in Brunswick sent an e-mail earlier today stating someone can build in the dunes without a state shore permit if our shore jurisdiction line is seaward of that area of the dune. He said this is what can happen if we don't put 10 feet from the toe of the dune in our ordinance. Mr. Brown said he doesn't think anyone knows where that line is or where it would apply. Mr. Brown asked Mr. Hughes if they could revisit this at any given time. Mr. Hughes said yes. Mr. Hughes said they had a public hearing on the earlier draft that included the repeal of the existing provision as part of the intention to adopt what was then proposed. He said there was a lot of discussion or misunderstanding and maybe some misinformation about what was in there like someone mentioned tonight about the 250 foot rule. He said it wasn't a no build area and since the last meeting there was communication about just eliminating the 250 foot and leave it as build only by special review if you don't have the toe of the dune or a seawall. He said council's choices are unlimited but should another text be presented it should go through the Public Hearing process. Mr. Brown asked if most of the property owners gave up twenty five feet of their property for the first beach renourishment back in 1979. Mr. Hughes said he wasn't here but as a part of the first renourishment the city had to acquire all of the rights in properties east of the Seawall in front. Mr. Hughes said when the Back River area was renourished the second time the owners had to grant easements to insure there was access to the public. He said they retained ownership of some of Prepared on 10/13/08vw Page 6 of 11 1 1 1 those areas but gave up a significant amount of rights. He said Tybee's Charter isolates 18 feet Landward of the Seawall from any construction in the area that was formerly fronting the strand. He said at the time the strand ran from 18th Street to the curve. He said the seawall kept going but the strand didn't. He said apparently in connection with the seawall being built that provision was placed in the Charter allowing the city to convey its rights in the strand to the abutting owners but restricted what could be done with it. Mr. Brown asked who trumps who. Mr. Hughes said the State would ultimately trump the Charter but the Charter would govern what we can do on a local level. Mr. Smith asked if we give up our right in Shore Protection and rescind all of our ordinances then the state controls and the 18 feet is a mute point. Mr. Crone said the 18 feet is in the Charter and all we are doing is giving it back to the people but we still can control what they do with it. Mr. Hughes said he thinks if someone applied to build within 18 feet of the seawall to DNR and if they fell within their line that is the big issue is where their line is and would you know about it. He said he thinks the city should take the position that they cannot be authorized to do that under what is the local charter. He said he doesn't know if DNR would acknowledge that and agree or not. Mr. Brown asked who controlled the Shore Protection Line prior to 2001. Mr. Hughes said the state. Mr. Brown asked if Mr. Hughes knew of anyone that had been allowed to build in the dunes in the last 25 years. Mr. Hughes said they apparently got pretty close since they had to remove the dunes from their house. Mr. Brown said they would have to move those dunes regardless. He said the state only gave permission for them to move the sand from their back porch. Mr. Hughes said those houses would have been there long before the dunes. He said the State got into Shore Protection in the 70s and before that Tybee had its own Shore Protection Ordinance that required an Engineering Survey every five years and it cost a fortune. He said when the state came along Tybee got out of the business. He said years later when the state was thought not to be restrictive enough and they do permit construction; the state encouraged the city to adopt an ordinance of its own and the city did. Mr. Brown asked if the state denied a permit for an emergency access road on the beach by the pavilion. Mr. Hughes said the state tabled the permit until December. He said regardless of if the state gave a permit to build within the 18 feet; the owner would still have to get a building permit from us and he doesn't think we would issue the permit. Mr. Smith asked if the ten foot from the toe of the dune requirement was in the state ordinance. Mr. Hughes said it is not in their ordinance it is just something they do for right now. Mayor Buelterman asked if the city could deny someone that wanted to build within 18 feet of the seawall even if they were outside of the jurisdiction line. Ms. Allen said as long as they were 18 feet within the Seawall. Mayor Buelterman said that restriction ends at the curve and you can go north of the anchor all the way around to the Lazaretto Creek Bridge and if you have been out there lately there are a lot of trees 20 feet high. He asked if there was a possibility of getting sued because of people knowing the city had more restrictive ordinances and now someone would be allowed to build. Mr. Brown said we don't know who owns that property. Mayor Buelterman said the idea of a tree delineating your line doesn't make any sense to him. Mr. Smith said the area in front of Captains row is owned by the association and is maintained by the association. He said the property in question and in the conservation easement is the property to the right of Van Horn and around to the front of Lighthouse Point and it has several Prepared on 10/13/08vw Page 7 of 11 1 1 1 twenty foot trees in it. Mr. Wolff said several meetings ago they had a proposal in front of them that was discussed at length and had input from several scientist as well as the Planning Commission and DNR. He said they proposed some changes that would plug the holes that concern some of us and he thinks they need to look at that again instead of just retracting everything they have on the books and leaving themselves at the mercy of DNR. The vote was Crone, Doyle, Brewer and Brown in favor and Smith and Wolff opposed. Mr. Crone moved to approve for god Reading the Amendment to Section 6-12 Alcoholic Beverages at Special Events to allow on Private Property, Ms. Doyle seconded. The vote was unanimous. Mr. Crone moved to approve for 2"d Reading the Amendment to Chapter 54 Article I11- Alcoholic Beverages at Special Events to allow on Private Property, Mr. Wolff seconded. The vote was unanimous. * ** Mayor Buelterman asked council to allow staff to look into Tybee becoming designated as bike friendly. Ms. Schleicher said it will be cheaper to do it now because we can pursue it along with the City of Savannah and have the bike community work with us on our assessment and evaluation. She said she would like to continue to investigate and bring a report back for council's consideration. Mayor Buelterman requested this item be added to the action items list. Mr. Brown asked that bikes on Jones Avenue be included on the action items list. * ** Mr. Brewer said for the last few months he has followed some of the information that is brought before us at council meetings about polls and data. He said he questions the validity of the information. He said from what he can tell a lot of the information is submitted through e-mail and doesn't contain a person's name but instead contains an e-mail name. He said they have found over time that some people that speak to them have multiple e-mails and have submitted information under one name and now have a different e-mail. He said a city that allows for information to be distributed through the city needs to have some test of validity for the information. He said he read an article recently that said city's that have public meetings should be very careful about the information that is passed across the media. He said groups that use political type statements on subjects that are political in nature continue to drive the division of this island. He said he has had people tell him that they responded to a survey and their response was not accepted. He said that tells him there is someone that gets to choose who gets into the poll and who doesn't. Mr. Brewer moved to require any Polls or Surveys brought before City Council be submitted to City Clerk and verified to contain addresses of Tybee Residents. Mr. Smith seconded and asked for clarification on whether this pertains to items listed on the agenda that Prepared on 10/13/08vw Page 8 of 11 1 1 are pertinent to the survey. Mr. Brewer said no because surveys are given at almost every meeting whether they involve items on the agenda or not. Mayor Buelterman asked if this was a 1st amendment or constitutional issue. He said he should have let Mr. Hughes know he was going to ask that question. Mr. Hughes said there is a lot going on in this area about anonymous publications, particularly political things. Mr. Hughes requested to look into possible 1st amendment implications. He said one issue is where they control the information that comes before them where they have a good bit of control and at least that it be verified who the information is coming from but content you would not have any control over. He said if it all remains anonymous it is up to council to determine how much credit they give it. He said he thinks they could require that all petitions be signed with an address provided. Mr. Smith asked if the group's website is linked to the city website. Mr. Wolff said he feels that the more people they hear from the better and he feels that anyone that goes through the time and trouble to put out a survey and bring them the results should be listened to. Mr. Brewer said he feels they should be presenting accurate information to the community and there is other media that could be utilized for the survey information to be given to the public. Mr. Smith said he agrees with both Mr. Wolff and Mr. Brewer in that we need all the help we can get and if you have an opinion there is nothing wrong with signing your name to it. Ms. Doyle asked Mr. Hughes if they should allow him to look into this before they take a vote. Mr. Hughes said he would like to look into this before it becomes policy to keep council from running afoul of the 1st amendment. He requested to see the article Mr. Brewer referred to. Mr. Brewer said if it is council's wish to allow Mr. Hughes to do his due diligence and bring this back for the next meeting it's alright with him. Mr. Hughes said he would bring it back for consideration at 2nd meeting in October. Mr. Brewer withdrew his motion, Mr. Smith withdrew his second. * ** Mr. Hughes said a while back council directed a more concise version of the ethics ordinance be prepared and submitted to the ethics commission and that was done. He said he attended one meeting with them but they had an additional meeting and made suggestions that he thought were incorporated into the ordinance but were not. Mr. Wolff said the commission has not had time to review the changes and it would be a great disservice to not allow them time for their review. Mr. Brown moved to send the Revised Ethics Ordinance to the Ethics Commission for their review and recommendation, Mr. Wolff seconded. The vote was Brown, Wolff, Brewer, Doyle and Smith in favor and Crone opposed. Mr. Hughes said they need to remove a specific recycling charge from the ordinance and have it as an amount established by the Mayor and Council to be provided. He said this is consistent with what we have done regarding other fee schedules and eliminating having to go for 1st and 2nd readings if you want to change what the charge is. Mr. Wolff moved to approve for 1rt Reading the amendment to section 22 -196. Solid Waste Ordinance regarding recycling fees, Mr. Crone seconded. The vote was unanimous. * ** Prepared on 10/13/08vw Page 9 of 11 1 1 1 Mr. Hughes said this ordinance will permit animals that otherwise would not be permitted on the island except in cases of special events. He said this will be included in the event application and dealt with at that time. Mayor Buelterman requested a line be added to the application to list what animals the event is planning to bring. Mr. Wolff moved to approve for 1st Reading the amendment to section 10.7 Special Events - Animals temporarily permitted, Ms. Doyle seconded. The vote was unanimous. * ** Jet Pay Contract -Mr. Hughes requested holding off on this contract due to the regular issues which are the contract terminating at the end of the calendar year. Comcast /Campground Contract -Mr. Hughes requested holding off on this contract because it has to be adjusted to read the campground is actually owned by the Recreation Authority and not the city. * ** Mr. Hughes said the printer was approved as part of the budget but this contract has council submitting themselves to the jurisdiction of Illinois and Illinois law controls and it has an indemnity provision. He said the current printer agreement that was signed by the Manager at the time had us already under the jurisdiction of Illinois. Mr. Hughes said Ms. Schleicher explained that we agreed to use GMA leasing for items like this in order to avoid this situation but the rates have changed and made it cost effective to lease with someone else. Ms. Schleicher said staff has looked at three machines and this is the best one for making the office more efficient and will be able to interface. She said there is some risk. Mr. Brown asked if there were a local contractor to provide this printer. Ms. Schleicher said it is a local contractor but their home office is out of state and that is where the contracts are generated. Mr. Wolff move to approve the OCE Financial Services Contract for Planning Department Printer based on staff recommendation, Mr. Brown seconded. The vote was unanimous. * ** Mr. Wolff moved to go into Executive Session to discuss Litigation and Personnel, Mr. Brewer seconded. The vote was unanimous. * ** Mr. Wolff moved to end Executive Session, Mr. Smith seconded. The vote was unanimous. * ** Mr. Brown moved to adjourn, Mr. Smith seconded. The vote was unanimous. Prepared on 10/13/08vw Page 10 of 11 1 0 - . thumb O . Jiceek or Jason uelterman 1 Vivian Woods, Clerk of Council Prepared on 10/13/08vw Page 11 of 11 1 1 1 (contains freeboard/5 yr rule) ORDINANCE NO. 24-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO LAND DEVELOPMENT AND FLOOD DAMAGE PREVENTION TO AMEND SECTION 8 OF THE LAND DEVELOPMENT CODE AND TO AMEND SECTION 5 -100 OF THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances relating to flood damage prevention and also to provide for variances from the requirements of the flood damage prevention ordinance, to repeal the existing flood damage prevention ordinance, to provide for codification and to provide an effective date and other purposes, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the code of ordinances is amended so that Land Development Code Section 8 shall read as follows: SECTION I Land Development Code - Section 8 FLOO DAMAGE PREVENTI N INANCE ARTICLE 1. STATUT IRY AUTHORIZATION FINDINGS OF FACT PURPOSE AND OBJECTIVES SECTION A. STATUTORY AUTHORIZATION Article IX, Section II of the Constitution of the State of Georgia and Section 36- 1 -20(a) of the Official Code of Georgia Annotated have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Mayor and Council of the City of Tybee Island, Georgia does ordain as follows: 1 1 1 SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Tybee Island, Georgia are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood- proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (2) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion; control filling, grading, dredging and other development which may increase flood damage or erosion, and; (4) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters. (3) (5) SECTION D. OBJECTIVES The objectives of this ordinance are: (1) to protect human life and health; (2) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (3) to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas, (4) to minimize expenditure of public money for costly flood control projects; 1 (5) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (6) to minimize prolonged business interruptions, and; (7) to insure that potential homebuyers are notified that property is in a flood area. ARTICLE 2. GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction of Tybee Island, Georgia. SECTION B. BASIS FOR AREA OF SPECIAL FLOOD HAZARD The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS), dated September 26, 2008, with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this ordinance. For those land areas acquired by a municipality through annexation, the current effective FIS, supporting data and any revision thereto, for Chatham County, Georgia, dated September 26, 2008 are hereby adopted by reference. Areas of Special Flood Hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS. The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and other supporting data is located: Building and Zoning Department, 403 Butler Avenue, Tybee Island, Georgia 31328. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required in conformance with the provisions of this ordinance PRIOR to the commencement of any Development activities. SECTION D. COMPLIANCE No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. SECTIxIN E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 1 1 1 SECTION F. INTERPRETATION In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes. SECTION G. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Tybee Island, Georgia or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION H. PENALTIES FOR VIOLATION Failure to comply with the provisions of this ordinance or with any of its requirements, including conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a violation. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1000.00, or imprisoned for not more than six (6) months, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Tybee Island, Georgia from taking such other lawful actions as is necessary to prevent or remedy any violation. ARTICLE 3. ADMINISTRATION SECTION A. DESIGNATION OF ORDINANCE ADMINISTRATO'' The designated representative of the Building and Zoning Department, Tybee Island, Georgia is hereby appointed to administer and implement the provisions of this ordinance. SECTION B. PERMIT PROCEDURES Application for a Building Permit shall be made to the Building and Zoning Department Tybee Island, Georgia on forms furnished by the community PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities. Specifically, the following information is required: 1 1 1 (1) Application Stage - (a) Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures; (b) Elevation in relation to mean sea level to which any non - residential structure will be flood - proofed; (c) Design certification from a registered professional engineer or architect that any proposed non - residential flood - proofed structure will meet the flood - proofing criteria of Article 4, Section B (2) and D (2); (d) Design certification from a registered professional engineer or architect that any new construction or substantial improvement placed in a Coastal High Hazard Area will meet the Criteria of Article 4, Section F (5); (e) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development, and; (2) Connstructio Stage - For all new construction and substantial improvements, the permit holder shall provide to the Building and Zoning Department Tybee Island, Georgia an as -built certification of the regulatory floor elevation or flood - proofing level immediately after the lowest floor or flood proofing is completed. Where a structure is subject to the provisions applicable to Coastal High Ha rrds Areas, after placement of the lowest horizontal structural members. Any regulatory floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for non - residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of these certifications shall be at the permit holder's risk. The Building and Zoning Department Tybee Island, Georgia shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop -work order for the project. SECTION C UTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR Duties of the Building and Zoning Department Tybee Island, Georgia shall include, but shall not be limited to: (1) Review all development permits to assure that the permit requirements of this ordinance have been satisfied; (2) Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file. (3) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. (4) When Base Flood Elevation data or floodway data have not been provided in accordance with Article 2 Section B, then the Building and Zoning Department Tybee Island, Georgia shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other sources in order to administer the provisions of Article 4. (5) Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the regulatory floor, including basement, of all new or substantially improved structures in accordance with Article 3, Section B (2). (6) Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood - proofed, in accordance with Article 4, Section B (2) and D (2). (7) When flood - proofing is utilized for a structure, the Building and Zoning Department Tybee Island, Georgia shall obtain certification of design criteria from a registered professional engineer or architect in accordance with Article 3(B)(1)(c) and Article 4(B)(2) or (D)(2). (8) Obtain design certification from a registered professional engineer or architect that any new construction or substantial improvement placed in a Coastal High Hazard Area will meet the criteria of Article 4, Section F (5). (9) Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas. (10) Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (11) For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to FEMA to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained. (12) Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building and Zoning Department Tybee Island, Georgia shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Ordinance. (13) All records pertaining to the provisions of this ordinance shall be maintained in the office of the Building and Zoning Department 403 Butler Ave. Tybee Island, Georgia, and shall be open for public inspection. ARTICLE 4. PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In ALL Areas of Special Flood Hazard the following provisions are required: (1) New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage; (3) New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage; (4) Elevated Buildings - All New construction or substantial improvements of existing structures that include ANY fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. (NOT APPLICABLE IN COASTAL HIGH HAZARD AREAS). (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (b) (ii) The bottom of all openings shall be no higher than one foot above grade; and, (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions. So as not to violate the "Lowest Floor" criteria of this ordinance, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area, and 1 1 (c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (5) All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing fixtures, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (6) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces. (7) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (8) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (9) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and; (10) Any alteration, repair, reconstruction or improvement to a structure, which is not compliant with the provisions of this ordinance, shall be undertaken only if the non- conformity is not furthered, extended or replaced. SECTION B. SPECIIFIC STANDARDS In ALL Areas of Special Flood Hazard designated as A1-30, AE, AH, A (with estimated BFE), the following provisions are required: (1) (2) New construction and/or substantial improvements - Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 4, Section A (4), "Elevated Buildings ". a. All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing fixtures and other service facilities shall be elevated at or above one foot above the base flood elevation. Non- Residential Construction - New construction and/or the substantial improvement of any structure located in A1-30, AE, or AH zones, may be flood - proofed in lieu of elevation. The structure, together with attendant utility and 1 sanitary facilities, must be designed to be water tight to one (1) foot above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in Article 3, Section C. (6). (3) Standards for Manufactured Homes and Recreational Vehicles - Where base, flood elevation data are available: (a) All manufactured homes placed and/or substantially improved on: (1) individual lots or parcels, (2) in new and/or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than one foot above the base flood elevation. (b) Manufactured homes placed and/or substantially improved in an either existing manufactured home park or subdivision may be elevated so that: (i) The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation, or (ii) The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. (c) All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (ref. Article 4(A)(6) above) (d) All recreational vehicles placed on sites must either: (i) Be on the site for fewer than 180 consecutive days. (ii) Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions), or (iii) The recreational vehicle must meet all the requirements for "New Construction ", including the anchoring and elevation requirements of Article 4, Section B (3)(a)(c), above. (4). Flloodwav - Located within Areas of Special Flood Hazard established in Article 2, Section B, are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: (a) Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in ANY increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof. (b) ONLY if Article 4 (B)(4)(a) above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of Article 4. SECTION C. BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND /OR FLOODWAY (A -Z i NES) Located within the Areas of Special Flood Hazard established in Article 2, Section B, where streams exist but no base flood data have been provided (A- Zones), OR where base flood data have been provided but a Floodway has not been delineated, the following provisions apply: (1) When base flood elevation data or floodway data have not been provided in accordance with Article 2(B), then the Building and Zoning Department shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the provisions of Article 4. ONLY if data are not available from these sources, then the following provisions (2 &3) shall apply: (2) No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or twenty -five feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in more than one, foot increase in flood levels during the occurrence of the base flood discharge. (3) In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of 1 1 the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. (NOTE: Require the lowest floor to be elevated one foot above the estimated base flood elevation in A -Zone areas where a Limited Detail Study has been completed). Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of Article 4, Section A (4) "Elevated Buildings ". (a) All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing fixtures, and other service facilities shall be elevated no less than three feet above the adjacent grade at the building site. The Building and Zoning Department shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. SECTION D. STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARD (ZONES AE) WITH ESTABLISHED BASE FL OD ELEVATIONS WITHOUT DESIGNATED FLOODWAYS Located within the Areas of Special Flood Hazard established in Article 2, Section B, where streams with base flood elevations are provided but no floodways have been designated, (Zones AE) the following provisions apply: (1) No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that confornxs to standard hydraulic engineering principles. (2) New construction or substantial improvements of buildings shall be elevated or flood - proofed to elevations established in accordance with Article 4, Section B. SECTION E. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) Areas of Special Flood Hazard established in Article 2, Section B, may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet (F -3') above ground, with no clearly defined channel. The following provisions apply: (1) All new construction and substantial improvements of residential and non- residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet (3) above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 4, Section A (4), "Elevated Buildings ". The surveyor, architect, or engineer shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. (2) New construction or the substantial improvement of a non - residential structure may be flood - proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one foot, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in Articles 3(B)(1)(c) and (3)(B)(2). (3) Drainage paths shall be provided to guide floodwater around and away from any proposed structure. SECTION F. COASTAL, HIGH HAZARD AREAS (V- ZONES) Located within the areas of special flood hazard established in Article 2, Section B, are areas designated as Coastal High Hazard Areas (V- Zones). These areas have special flood hazards associated with wave action and storm surge, therefore, the following provisions shall apply: (1) All new construction and substantial improvements of existing structures shall be located landward of the reach of mean high tide; (2) All new construction and substantial improvements of existing structures shall be elevated on piles, columns, or shear walls parallel to the flow of water so that the bottom of the lowest supporting horizontal structural member (excluding pilings, or columns) is located no lower than one foot above the base flood elevation level. All space below the lowest supporting member shall remain free of obstruction or constructed with non - supporting breakaway walls. Open wood lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with Article 4, Section E (6) below; (3) All new construction and substantial improvements of existing structures shall be securely anchored on pilings, columns, or shear walls; and (4) All pile and column foundations and the structures attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the combined effects of wind and water loads acting simultaneously on ALL building components, both (non - structural and structural). Water loading values shall equal or exceed those of the base flood. Wind loading values shall be in accordance with the most current edition of the (ICC) International Building Codes. (5) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Article 4, Section F (2)(3)(4) herein. (6) All space below the lowest horizontal supporting member must remain free of obstruction. Open wood lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action without causing structural damage to the supporting foundation or elevated portion of the structure. The following design specifications are allowed: (a) No solid walls shall be allowed, and; (b) Material shall consist of open wood lattice or mesh screening only. (c) If aesthetic open wood lattice work or screening is utilized, any enclosed space shall not be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Prior to construction, plans for any structures having open wood latticework or decorative screening must be shown on the plans submitted to the Building and Zoning Department Tybee Island, Georgia for review and approval; (8) Any alteration, repair, reconstruction or improvement to any structure shall not enclose the space below the lowest floor except with open wood latticework or decorative screening, as provided in this Section. (9) There shall be no fill used as structural support. Non - compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The Building and Zoning Department Tybee Island, Georgia shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist, which demonstrates that the following factors have been fully considered: (7) (a) Particle composition of fill material does not have a tendency for excessive natural compaction; (b) Volume and distribution of fill will not cause wave defection to adjacent properties; and (c) Slope of fill will not cause wave run -up or ramping. 1 1 1 (10) There shall be no alteration of sand dunes or mangrove stands, which would increase potential flood damage; (11) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Article 4, Section B(3) are met. SECTION G. STANDARDS FOR SUBDIVISIONS (1) All subdivision and/or development proposals shall be consistent with the need to minimize flood damage; (2) All subdivision and/or development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (3) All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards, and; (4) For subdivisions and/or developments greater than fifty (50) lots or five (5) acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the "as- built" data to FEMA in order to obtain the final LOMR. SECTION H. STANDARD FOR CRITICAL FACILITIES (1) Critical facilities shall be elevated to or above the 100 -year floodplain or the 500 -year floodplain. (2) All ingress and egress from any critical facility must be protected to the 500 -year flood elevation. ARTICLE 5. VARIANCE PROCEDURES (A) The Planning Commission as established by the Mayor and Council of Tybee Island, Georgia shall hear and make recommendations to the Mayor and Council for appeals or variance from the requirements of this ordinance. (B) Any person aggrieved by the decision of the Mayor and Council may appeal such decision to the Superior Court of Chatham County, Georgia as provided in state law. (C) Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic Structure and the variance is the minimum to preserve the historic character and design of the structure. (D) Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Article are met, no reasonable altemative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. (E) Variances shall not be issued within any designated floodway if ANY increase in flood levels during the base flood discharge would result. (F) In reviewing such requests, the Planning Commission shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this ordinance. (0) Conditions for Variances: (1) A variance shall be issued ONLY when there is: (i) a finding of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship, and; (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (2) The provisions of this Ordinance are minimum standards for flood loss reduction; therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an Historic Structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. 1 1 (4) Every applicant to whom a variance is granted from the elevation requirements for the lowest floor elevation is required to have such variance noted on the deed and the plat to the deed for the property on which the structure is, or is to be, located. Such notation shall read as follows: (5) A lowest floor elevation variance of feet has been approved by the City of Tybee Island for a structure located on this property. The structure is identified as a (Note: SELECT ONE) single - family, duplex of multi - family dwelling, or commercial building) located at . It should be noted that such variance may significantly increase the flood insurance premiums for this property, as well as increase the likelihood of flood damage to the structure and its contents. Said variance was issued upon petition of the property owner and was issued with the owner's full knowledge of the consequences to the present and future owners which may result therefrom. A copy of the deed shall be filed by the Owner with the Building and Zoning Department of the City of Tybee Island within two weeks of receipt of formal notification of approval of a variance by the City of Tybee Island. The Building and Zoning Department Tybee Island, Georgia shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (I) Upon consideration of the factors listed above and the purposes of this ordinance, the Planning Commission and/or Mayor and Council of Tybee Island, Georgia may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. ARTICLE 6. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Accessory Structure" means a structure having minimal value and used for parking, storage and other non - habitable uses, such as garages, carports, storage sheds, pole barns, hay sheds and the like. "Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load - bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load - bearing wall, shall be considered "New Construction ". 1 1 "Appeal" means a request for a review of the Planning Commission and/or Mayor and Council of Tybee Island, Georgia interpretation of any provision of this ordinance. "Area of shallow flooding means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, Areas of Special Flood Hazard shall be those designated by the local community and referenced in Article 2, Section B. "Base flood," means the flood having a one percent chance of being equaled or exceeded in any given year. "Base Flood Elevation (BFE)" The elevation shown on the Flood Insurance Rate Map for Zones AE, AH, Al-A30, AR, AR/A, AR/AE, AR/A 1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. "Basement" means that portion of a building having its floor sub grade (below ground level) on all sides. "Breakaway wall" means a wall that is not part of the structure support of the building and is intended through its design and construction to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. "Building," means any structure built for support, shelter, or enclosure for any occupancy or storage. "Critical Facility" means any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include: a. Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water - reactive materials; _ b. Hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events; c. Emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and generating plants, and other principal points of utility lines. d. Generating plants, and other principal points of utility lines. "Develop ent" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and storage of materials or equipment. "Elevated building" means a non - basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event. "Existing Construction" Any structure for which the "start of construction" commenced before November 22, 1972. [i.e., the effective date of the FIRST floodplain management code or ordinance adopted by the community as a basis for that community's participation in the National Flood Insurance Program (NFIP)]. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before November 22, 1972. [i.e., the effective date of the FIRST floodplain management regulations adopted by a community]. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. the overflow of inland or tidal waters; or b. the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Hazard !: >oundary Map (FHBM)" means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A. "Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community. "Flood Insurance Study" the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood. " Floodplain" means any land area susceptible to flooding. "Flood proofing," means any combination of structural and non - structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. 1 1 1 "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. "Functionally Dependent Use" means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to the water. The term includes docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and repair facilities, but does not include long -term storage or rented manufacturing facilities. it est adjacent grade" means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. "Historic Structure" means any structure that is: a. Listed individually in the National Register of' Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district: c. Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or d. Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: 1. By an approved state program as determined by the Secretary of the Interior, or 2. Directly by the Secretary of the Interior in states without approved programs. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this code. "Manufactured home" means a building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD88), to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. "New construction" means, for purposes of determining insurance rates, structures for which the "start of construction" commenced after January 14, 1972 [the effective date of the initial FIRM] and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced after November 22, 1972 [the effective date of the first floodplain management ordinance adopted by the community] and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after November 22, 1972. [i.e., the effective date of the first floodplain management regulations adopted by a community]. "North American Vertical Datum (NAVD)" has replaced the National Geodatic Vertical Datum of 1929 in existing and future FEMA Floods Modernization Maps. "Recreational vehicle" means a vehicle, which is: a. built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; c. designed to be self - propelled or permanently towable by a light duty truck; and d. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 1 "Start of construction" means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land Preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (NOTE: accessory structures are NOT exempt from any ordinance requirements) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank. "Subdivision" the division of a single lot into two or more lots for the purpose of sale or development. "Subs: tial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. "Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during a 5 -year period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. NOTE: The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures, which have incurred "substantial damage ", regardless of the actual amount of repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure ". For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. "Substantially improved existing manufactured home parks or subdivisions" is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. "Variance" is a grant of relief from the requirements of this ordinance, which permits construction in a manner otherwise prohibited by this ordinance "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required by this ordinance is presumed to be in violation until such time as that documentation is provided. ARTICLE 7. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. ARTICLE 8. REPEALER The adoption of this ordinance repeals and supercedes the present Flood Damage Prevention Control Ordinance contained in the Land Development Code Section 8 -010 through Section 8- 170. SECTION II 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 if necessary to accomplish such intention. This Ordinance shall become effective on ADOPTED THI(9DAY OF 2008. �YOR day of ATTEST: CLERK OF COUNCIL FIRST READING: /O O r _ I SECOND READING: 1 DE ENACTED: /(o G: \Tybee \Ordinances\2008 \FLOOD DAMAGE PREVENTION 09.18.08 10:13 AM 2008. 1 1 1 ORDINANCE NO. 29-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND CODE SECTION 6 -12, REGARDING ALCOHOLIC BEVERAGES, TO PROHIBIT THE SALE OR DISTRIBUTION OF ALCOHOLIC BEVERAGES AT SPECIAL EVENTS, AND TO AMEND THE SAME IN ORDER TO PERMIT THE SALE OR DISTRIBUTION OF ALCOHOLIC BEVERAGES AT CERTAIN SPECIAL EVENTS FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its home rule powers, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code, Chapter 6, Article 1, be amended so as to amend newly created Section 6- 12 to prohibit the sale, pouring or distribution of liquor at special events except as approved by Council concerning special events on private property and in particular special events provided for in Article III of Chapter 54 of the Code. Such section, as amended, shall read as follows: Section 6 -12 Liquor Prohibited at Special Events Except as expressly permitted by the Mayor and Council for special events on private property, no liquor may be sold, poured, or distributed at special events as provided in Chapter 54, Article III of the Code. This Ordinance shall become effective on day of `' D LOA 1 , 2008. 1 1 ADOPTED THI AY O CLERK OF COUNCIL FIRST READING: OR -4; SECOND READING: ENACTED: 2008. G:/EMH/TYBEE/ORDINANCES/2008 /Alcoholic Beverages - Special Events 08.20.08 ORDINANCE NO. 30-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING SPECIAL EVENTS AND ALCOHOLIC BEVERAGES, TO AMEND CHAPTER 54, ARTICLE III CONCERNING SPECIAL EVENTS, FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its home rule powers, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code, Chapter 54, Article III, be amended so as to modify Code Section 54 -74 to permit the distribution of liquor at certain special events but to otherwise prohibit them, which section, as amended, shall hereafter read as follows: Section 54-74 Liquor Prohibited Consistent with the provisions of Section 6 -12, no liquor may be sold or otherwise distributed at any special event conducted under the provisions of this article except for special events conducted on private property and approved by the ¥ayor and Council. This Ordinance shall become effective on day of 5 �_ 1 2008. ADOPTED THIS DAY 0 CLERK OF COUNCIL FIRST READING: SECOND REAI?ING: ENACTED: G:/EMWTYBEE/ORDINANCES/2008 /Alcoholic Beverages - Special Events2 08.20.08 1 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, Ta.56 &L e, -nn , 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 ,./5 day of 40 0 ,, is 2008. (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. (3) The subject matter of the closed meeting or closed portion of the meeting held on the 5 of 2008, which was closed for the purpose(s) of t v7 CMS as allowed by §O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (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. 1 1 1 5) 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 day of 2008. Officer �ayor/Presi g Sworn to an Me cribed before day of 2008 VIVIAN WOODS ry Public, Chatham County, GA My Commission Expiry M y 25, ^ "<<9