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Home My Public Portal About130_010_Ord 16-2013 versions C, D & E; Historic Preservation MAYOR '(' CITY MANAGER Jason Buelterman 0, _ _ Diane Schleicher CITY COUNCIL + CLERK OF COUNCIL 0,16 Wanda Doyle,Mayor Pro Tern " Janet LeViner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett Edward M.Hughes Tom Groover -t4,` Paul Wolff acts CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: June 13, 2013 Item: Public Hearing Explanation: Ordinance 16-2013-C • 16-2013-D • 16-2013-E Text Amendment—Section 14-060(E), Historic Preservation Second Reading(see COMMENTS below) Budget Line Item Number(if applicable): N/A Paper Work: -V Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912) 472-5031 /dotto @cityoftybee.org Comments: 03/19/2013 Planning Commission approved 4-1 04/11/2013 First Reading- City Council approved 4-2; Staff to modify to direct applicants to HPC and to clarify the types of permits this effects 05/23/2013 Second Reading—City Council continued 6-0; language to be changed Date given to Clerk of Council: June 6, 2013 ,* * * P.O.Box 2749—403 Butler Avenue, Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 * City of ;` www.cityoftybee.org �v,,,Bl��y� Guidance for Section 14-060(E) This is a consultin g process :°�f only. The purpose is awareness of options. � fOL�p� In general, if the work occurs but could be reversed, it is not problematic. NO REVIEW • Standalone electrical, plumbing, mechanical, solar power, or geothermal except on an historic outbuilding. • Shutters, awning, fence, lattice under, driveway, sidewalk, shed, carport, accessory structure, dock work, dune crossover, dumpster enclosure, exterior lighting, shallow well, tree removal, or clearing and grading.This applies to attached to structure and detached from structure projects. • Window repair. • Interior door. Garage door. • Elevator or lift installation. • Replace rotten wood. • Siding/soffit/fascia—no review if covering existing. • Sheetrock—no review if covering existing sheetrock or wood. • Repair or replace footings/foundation. • Repair water damage. • Replace existing deck/stairs/ramp in same or new footprint. Replace guarding/handrails. • Screen in porch/deck. • Outdoor shower enclosure attached to building—no review if not on public side(s) of structure. • Swimming pool/spa/hot tub install or repair with or without decking attached to structure. • Kitchen and/or bath remodel. Replace cabinets. • Add closet. REVIEW • Standalone electrical, plumbing, mechanical, solar power, or geothermal on an historic outbuilding. • Window replacement. Add a window opening. • Exterior door replacement.Add an exterior door opening. • Roof repair or replacement. • Sheetrock—review if removing wood. • Siding/soffit/fascia—review if removing existing. • Outdoor shower enclosure attached to building—review if on public side(s) of structure. • Sign attached or not attached to structure (commercial only). • Addition to structure, patio, and/or deck. • Enclose porch/deck/patio to convert to heated/cooled space. • General interior and/or exterior renovation and/or repair. • Floor plan change. • Convert single unit to multi-family or multi-business, or vice versa. 04/18/2013 ORDINANCE NO. 16-2013-C AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTION 14-060(E)REGARDING HISTORIC PRESERVATION 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 police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances for the City of Tybee Island to create Section 14-060(E)pertaining to historic preservation; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 that Section 14-060(E)is hereby created and shall read as follows: Sec. 14-060. Historic preservation. (E.) When a permit application is submitted for any building aged 50 years or greater, the designated city official shall notify the applicant to contact the Tybee Island Historic Preservation Commission (HPC) Chairperson and/or HPC Advisor. This includes applications for interior and exterior work at commercial and residential buildings for discovery/tearout, modification, rehabilitation, and alteration. The permit application shall include construction plans showing front and side elevations. The HPC Chairperson and/or HPC Advisor has the authority to determine whether the request is in accordance with the intent of this article and issue a report of findings to the applicant based on this article and the Secretary of Interior Standards. Should the HPC Chairperson and/or HPC Advisor deem necessary, a meeting with the applicant(s), designated city official(s), and the Tybee Island Historic Preservation Commission will be held prior to permit approval. Any written report of fmdings shall include a determination of whether or not a change to the scope of work will require further review by the Historic Preservation Commission. At any time should the scope of work change and require further permitting, all work on site shall cease. The owner or his/her representative is required to immediately notify the designated city official about the change to scope of work. If the written report of fmdings requires further review by the Historic Preservation Commission for a change to the scope of work, the designated city official will notify the HPC Chairperson and/or HPC Advisor of the change to the scope of work. Work shall not resume until the HPC Chairperson and/or HPC Advisor has reviewed and reported the fmdings in writing. In addition,the building permit shall be updated to include the change to the scope of work prior to work resuming. At no time will this permit application review and written review of fmdings process take more than thirty days from submission of the request to the Historic Preservation Commission Chairperson and/or HPC Advisor. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intent. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: 04.11.13 SECOND READING: ENACTED: Tybee/Ordinances/2013/16-2013—Sec 4-060E historic preservation 04.04.13 Tybee/Ordinances/2013/16-2013-A—Sec 14-060E historic preservation 04.11.13 chgd at council Tybee/Ordinances/2013/16-2013-B—Sec 14-060E historic preservation 05.08.13 chgd by HPC Tybee/Ordinances/2013/16-2013-C—Sec 14-060E historic preservation 05.14.13 chgd by EMH ORDINANCE NO. 16-2013-D AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTION 14-060(E)REGARDING HISTORIC PRESERVATION 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 police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances for the City of Tybee Island to create Section 14-060(E)pertaining to historic preservation; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 Section 14-060(E) is hereby created and shall read as follows: Sec. 14-060. Historic preservation. (E) When a permit application is submitted for any building aged 50 years or greater, the designated city official shall notify the Tybee Island Historic Preservation Commission (HPC) Chairperson and/or HPC Advisor. Prior to the permit being issued, the HPC representative shall advise the property owner if the property is deemed historically significant and what steps must be taken to ensure they do not lose specific tax incentives, tax freezes and/or FEMA historic preservation exemptions. At any time should the scope of work change and require further permitting, all work on the site shall cease. The owner or his/her representative is required to immediately notify the designated city official who will then notify the HPC Chairperson and/or HPC Advisor. Work shall not resume until the HPC representative has reviewed the changes and the permit has been updated. At no time will this permit process take more than fourteen (14) business days from submission of the permit request. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intent. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: 04.11.13 SECOND READING: ENACTED: Tybee/Ordinances/2013/16-2013—Sec 4-060E historic preservation 04.04.13 Tybee/Ordinances/2013/16-2013-A—Sec 14-060E historic preservation 04.11.13 chgd at council Tybee/Ordinances/2013/16-2013-B—Sec 14-060E historic preservation 05.08.13 chgd by HPC Tybee/Ordinances/2013/16-2013-C—Sec 14-060E historic preservation 05.14.13 chgd by EMH Tybee/Ordinances/2013/16-2013-D—Sec 14-060E historic preservation 05.31.13 alternative version by JF ORDINANCE NO. 16-2013-E AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTION 14-060(E)REGARDING HISTORIC PRESERVATION 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 police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances for the City of Tybee Island to create Section 14-060(E)pertaining to historic preservation; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 Section 14-060(E)is hereby created and shall read as follows: Sec. 14-060. Historic preservation. (E) When a permit application is submitted for any building aged 50 years or greater, the designated city official shall notify the applicant to contact the Tybee Island Historic Preservation Commission (HPC) Chairperson and/or HPC Advisor. Prior to the permit being issued,the HPC representative shall advise the property owner if the property is deemed historically significant and what steps must be taken to ensure they do not lose specific tax incentives, tax freezes and/or FEMA historic preservation exemptions. At any time should the scope of work change and require further permitting, all work on the site shall cease. The owner or his/her representative is required to immediately notify the designated city official who will then notify the HPC Chairperson and/or HPC Advisor. Work shall not resume until the HPC representative has reviewed the changes and the permit has been updated. At no time will this permit process take more than fourteen (14) business days from submission of the permit request. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intent. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: 04.11.13 SECOND READING: ENACTED: Tybee/Ordinances/2013/16-2013—Sec 4-060E historic preservation 04.04.13 Tybee/Ordinances/2013/16-2013-A—Sec 14-060E historic preservation 04.11.13 chgd at council Tybee/Ordinances/2013/16-2013-B—Sec 14-060E historic preservation 05.08.13 chgd by HPC Tybee/Ordinances/2013/16-2013-C—Sec 14-060E historic preservation 05.14.13 chgd by EMH Tybee/Ordinances/2013/16-2013-D—Sec 14-060E historic preservation 05.31.13 alternative version by JF Tybee/Ordinances/2013/16-2013-E—Sec 14-060E historic preservation 06.06.13 chgd by DO and EMH