Beach renourishment ordinance for SIA

Sidney Lanier A special ordinance for Sea Island acquisitions to let them wreck what they will:

Glynn County Joint Planning Commission
Agenda for the Tuesday, May 15, 2018, 4:30 PM Meeting Page 1 of 1
INVOCATION AND PLEDGE
PLANNING COMMISSION ANNOUNCEMENTS
GENERAL BUSINESS
PUBLIC HEARINGS – Ordinance Amendments
Public Hearings will be limited to 30 minutes for each opposing side, with 5 minutes allocated to each individual speaker. Comments are to be limited to relevant information regarding your position and should avoid being repetitious. If your group has a spokesperson, please allow that individual to present your group’s position in the time allocated. Your cooperation in this process will be greatly appreciated.
1. TA3771: Public Hearing upon proposed amendments to Glynn County Zoning Ordinance, Article VII, Section 727, “Beach and Dune Protection.”
ADJOURNMENT

AGENDA
JOINT PLANNING COMMISSION MEETING THE HISTORIC COURTHOUSE
701 G STREET, SECOND FLOOR BRUNSWICK, GEORGIA TUESDAY, MAY 15, 2018 AT 4:30 PM


COMMUNITY DEVELOPMENT DEPARTMENT Planning and Zoning Division
1725 Reynolds Street, Suite 200
Brunswick, GA 31520
Phone: 912-554-7428
TO: FROM: DATE: SUBJECT:
MEMORANDUM
Mainland Planning Commission
Stefanie Leif, Planning Manager
May 11, 2018
TA3771- Proposed Amendments to Zoning Ordinance Section 727

County staff has initiated proposed amendments to Glynn County Zoning Ordinance, Article VII, Section 727 “Beach and Dune Protection.” Section 727 has been on the code for over 30 years and has not been updated to reflect changes in shoreline protection practices. Specifically, beach nourishment or renourishment is not addressed in this code section; and, the proposed amendments would add language regarding nourishment or renourishment.
Noticing Requirements: The public hearing notice for the proposed amendments was published in The Brunswick News on April 28, 2018.
POSSIBLE ACTIONS
Pursuant to Section 1106.1 of the Glynn County Zoning Ordinance, the Planning Commission shall take one of the following formal actions:
• (i) Recommend approval of the ordinance amendment or proposed zoning decision as presented; 

• (ii) Recommend approval of the ordinance amendment or proposed zoning decision with modifications or conditions; 

• (iii) Defer action on the ordinance amendment or proposed zoning decision upon motion of the Planning Commission or at the request of the applicant; or 

• (iv) Recommend denial of an ordinance amendment or proposed zoning decision. 

Attached to this memorandum:
0. Current Zoning Code Section 727 

0. Proposed amendments to Section 727 


Section 727. Beach and Dune Protection District
• 727.1 Intent of District. It is the intent of this section that development within the Beach and Dune Protection District be protected from tides and high water storm surges, winds, and erosion; that developments within the Beach and Dune Protection District occur without adversely affecting the existence or natural features of the beach and dune areas; and the developments within the Beach and Dune Protection District occur without subjecting adjacent property or property further inland to additional potential danger from actions of wind and water. 

• 727.2 Establishment of Subdistricts. The Beach and Dune Protection District shall be as follows: 
Area A – A shorefront area with an established active/stable dune sequence extending from the mean high water mark to the first landward occurrence of either:
• 1) Native trees twenty (20) feet in height, or an inhabitable building existing on April 25, 1979. 

• 2) A line fifty (50) feet landward of any seawall structure existing on April 25, 1979, unless otherwise varied or determined by the Department of Natural Resources. 

• Area B – A shorefront area without an established active/stable dune sequence extending from the mean high water mark to the first landward occurrence of either:
• 1) Native trees twenty (20) feet in height, or an inhabitable building existing on April 25, 1979. 

• 2) A line fifty (50) feet landward of any seawall structure existing on April 25, 1979, unless otherwise varied or determined by the Department of Natural Resources. 

• 727.3 Establishment of the Beach and Dune Development Setback Line. A Development Setback Line shall be established as follows for the two (2) subdistricts within the Beach and Dune Protection District. The purpose of the development setback line is to delineate those areas, within each subdistrict where development is permissible. 



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Area A – The Development Setback Line shall be located forty (40) feet landward of the crest of the most seaward stable dune, as determined by the Glynn County Commission following consultation with the Planning Commission.
AreaB- The Development Setback Line shall be located twenty (20) feet landward of the mean high water mark, as determined by the Glynn County Commission following consultation with the Planning Commission.
• 727.4 Permitted Uses.
• 1) Landward of the Development Setback Line permitted uses shall consist of those uses allowed within the district. 

• 2) Seaward of the Development Setback Line permitted uses shall consist of boating, swimming, sunbathing, picnicking and other recreational uses not inherently destructive to the existence or integrity of the beach and dunes. 

• 727.5 Conditional Uses. The following uses may be permitted seaward of the Development Setback Line on a conditional basis provided that the applicant demonstrates that the proposed use will have no significant adverse environmental effects, such as increasing the potential for beach erosion, interference with existing established dune sequence, and increasing the exposure of inland properties to wind, water or wave damage.
• 1) Seawalls, jetties, bulkheads, revetments, groins, breakwaters, streets, utility lines, swimming pools, decks, boardwalks or fences. 

• 2) Excavation of sand and/or disturbance of vegetation in Area A. 

• 3) No development, grading, filling or other land alteration shall occur seaward of the Development Setback Line other than those conditional uses listed and approved above. 

• 727.6 Other Requirements. All permanent structures placed within the Beach and Dune Protection District, but not including accessory structures incidental to the principal structure, shall have a minimum first floor elevation of fourteen (14) feet MSL. The construction shall be on pilings rather than fill and construction standards shall conform to Department of Housing and Urban Development design and construction guidelines for high risk areas. 



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727.7 Sea Turtle Protection Requirements – Beachfront Lighting. It is the intent of this section that beachfront lighting not disturb or disorient nesting or hatching sea turtles. To meet this intent, during the nesting and hatching season (May 1 – October 31), the following criteria shall apply to all public and private artificial exterior lights within direct line of sight of the beach:
• 1) Such lights shall not directly illuminate areas of the beach seaward of the primary dune or seawall/revetment, and 

• 2) The bulb, fluorescent tube, lamp or other source of light from such lights shall be shielded so that it is not directly visible from the beach. 

• 3) The use of safety and security lights shall be limited to the minimum number to achieve their functional roles and where practical shall be shielded from the beach. In those cases where safety and security lights cannot be shielded from the beach, then low pressure sodium lamps or other light sources which have been shown through experiments not to attract sea turtle hatchlings shall be used with the concurrence of the County Building Inspector and property owner. 

• 4) Property owners and lessees, if any, not in compliance with this Ordinance will be notified in writing by the County of the violation and the steps needed to achieve compliance. Property owners and lessees, if any, not in compliance thirty (30) days after receiving the second notice from the County, or within such longer period agreed to by the County, shall be subject to the enforcement provisions set out in Article IX, Section 907 of the Glynn County Zoning Ordinance or Chapter 2.1.10 of the Glynn County Code of Ordinances. 


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BOARD OF COMMISSIONERS GLYNN COUNTY BRUNSWICK, GEORGIA
Reading and Adoption ____________
At the regular meeting of the Glynn County Board of Commissioners, held in the Glynn County Historic Courthouse, Second Floor Commissioners’ Meeting Room, 701 “G” Street, Brunswick, Georgia:
Present:
Bill Brunson, Chairman, District 4
Michael Browning, Vice Chairman, District 1 Peter Murphy, Commissioner, District 2
Richard Strickland, Commissioner, District 3
Allen Booker, Commissioner, District 5
Mark Stambaugh, Commissioner, At Large Post 1 Bob Coleman, Commissioner, At Large Post 2
On motion of __________________________________, which carried ________________, the following Ordinance amendment was adopted:
AN AMENDMENT TO THE ZONING ORDINANCE OF GLYNN COUNTY, GEORGIA, TO REVISE SECTIONS 727.3, 727.4, AND 727.5, AND TO ADD A SECTION 727.8; TO REVISE WHO ASSISTS THE BOARD OF COMMISSIONERS IN DETERMINING THE DEVELOPMENT SETBACK LINE IN THE BEACH AND DUNE PROTECTION DISTRICT; TO PROVIDE FOR ADDITIONAL PERMITTED USES IN SUCH DISTRICT; TO CLARIFY A REFERENCE TO “DISTRICT” IN SECTION 727.4; TO PROVIDE FOR ADDITIONAL CONDITIONAL USES IN SUCH DISTRICT; TO REVISE THE REVIEW PROCESS FOR BEACH AND DUNE ACTIVITIES ON SEA ISLAND; AND FOR OTHER PURPOSES.
WHEREAS, Section 727 of the Glynn County Zoning Ordinance includes a district known as the Beach and Dune Protection District;
WHEREAS, the stated intent of the Beach and Dune Protection District under Section 727.1 is that development within the Beach and Dune Protection District be protected from tides and high water storm surges, winds, and erosion; that developments within the Beach and Dune Protection District occur without adversely affecting the existence or natural features of the beach and dune areas; and the developments within the Beach and Dune Protection District occur without subjecting adjacent property or property further inland to additional potential danger from actions of wind and water;

WHEREAS, the Board of Commissioners finds and determines that the revisions made by this amendment are consistent with the stated intent of the Beach and Dune Protection District under Section 727.1 of the Beach and Dune Protection District;
WHEREAS, Section 727 permits certain listed uses, as well as certain conditional uses, in the Beach and Dune Protection District;
WHEREAS, the Board of Commissioners has determined that additional permitted and conditional uses are necessary or desirable in order to promote and further the interests and intent of Section 727;
WHEREAS, certain beach and dune uses and activities have been performed from time to time on Sea Island, which include, but are not necessarily limited to groins, beach nourishment and renourishment, dune enhancement, sand management, native landscaping, and various other beach and dune uses and activities;
WHEREAS, such uses and activities have been authorized under the oversight of the Georgia Department of Resources (“DNR”);
WHEREAS, the Board of Commissioners finds and determines that it is neither necessary nor desirable as an efficient and best use of County resources, for the Board of Commissioners to duplicate or replicate the review and assessment efforts of the DNR for certain pre-existing and established uses/activities in the beach and dune protection district on Sea Island;
WHEREAS, the Board of Commissioners finds and determines that many of these activities on Sea Island are ongoing or continuous in nature and that they are performed in accordance with a long term beach management plan for Sea Island;
WHEREAS, upon consideration of the history of beach and dune activities on Sea Island and the prior reviews and authorizations provided by DNR for same, the Board of Commissioners finds and determines that the DNR is in in a better position to conduct future reviews and assessments of similar uses in the future and to understand the relationship between the prior authorized or permitted activities and future activities under the beach management plan for Sea Island;
WHEREAS, in order to ensure and promote the orderly and well planned beach and dune land use and activities on Sea Island, as well as the most efficient use of County resources, including the use of taxpayer funds and County staff time, the Glynn County Board of Commissioners deems it necessary, advisable and in the best interests of the citizens of Glynn County to enact this amendment to the Zoning Ordinance of Glynn County; and
WHEREAS, the Glynn County Board of Commissioners deems it necessary, advisable, and in the best interests of the health, safety, prosperity, and welfare of the

citizens of Glynn County, Georgia, to enact this amendment to the Zoning Ordinance of Glynn County, Georgia;
NOW, THEREFORE, BE IT ORDAINED by the Glynn County Board of Commissioners, this the _____ day of ____________________, 2018, that the Zoning Ordinance of Glynn County, Georgia, be and it is hereby amended to revise Sections 727.3, 727.4, 727.5, and to add a Section 727.8 as follows:
SECTION I. Section 727.3 of the of the Zoning Ordinance of Glynn County, Georgia, is hereby amended to read as follows:
727.3 Establishment of the Beach and Dune Development Setback Line. A Development Setback Line shall be established as follows for the two (2) subdistricts within the Beach and Dune Protection District. The purpose of the development setback line is to delineate those areas, within each subdistrict where development is permissible.
Area A – The Development Setback Line shall be located forty (40) feet landward of the crest of the most seaward stable dune, as determined by the Glynn County Commission following consultation with the Georgia Department of Natural Resources.
Area B – The Development Setback Line shall be located twenty (20) feet landward of the mean high water mark, as determined by the Glynn County Commission following consultation with the Georgia Department of Natural Resources.
SECTION II. Section 727.4 of the of the Zoning Ordinance of Glynn County, Georgia, is hereby amended to read as follows:
727.4 Permitted Uses.


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Section 727.5 of the of the Zoning Ordinance of Glynn County, Georgia, is hereby amended to read as follows:
SECTION III.
Landward of the Development Setback Line permitted uses shall consist of those uses allowed within the underlying zoning district.
Seaward of the Development Setback Line permitted uses shall consist of boating, swimming, sunbathing, picnicking and other recreational uses not inherently destructive to the existence or integrity of the beach and dunes.
Seaward of the Development Setback Line permitted uses shall consist of ongoing maintenance, management, and repair of those conditional uses listed under Section 727.5 that have previously been authorized by the Board of Commissioners.

727.5 Conditional Uses. The following uses may be permitted seaward of the Development Setback Line on a conditional basis provided that the applicant demonstrates that the proposed use will have no significant adverse environmental effects, such as increasing the potential for beach erosion, interference with existing established dune sequence, and increasing the exposure of inland properties to wind, water or wave damage.


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Section 727 of the of the Zoning Ordinance of Glynn County, Georgia, is hereby amended to add a Section 727.8 to read as follows:
727.8 Beach and Dune District – Sea Island, Permitted Uses. Upon consideration of the history of beach and dune activities on Sea Island which have been performed under the supervision and with authorization from the Georgia Department of Natural Resources prior to the effective date of this Section 727.8 on May 17, 2018, the Board of Commissioners, in order to ensure and promote orderly and well planned beach and dune land use and activities on Sea Island, as well as the most efficient use of County resources; the Board of Commissioners finds and determines that beach nourishment or renourishment, dune enhancement, sand management or grading, native landscaping, groins, and/or revetment uses or activities, as well as sand bags, and/or temporary or emergency uses, activities, or measures on Sea Island, performed before or after the effective date of this Section 727.8 on May 17, 2018, shall be a permitted use under Section 727, provided that all such activities and uses are or have been authorized and/or permitted by the Georgia Department of Natural Resources. Ongoing maintenance, management, and repair of such uses and activities on Sea Island shall also be a permitted use, provided that same is authorized by the Georgia Department of Natural Resources.
Seawalls, jetties, bulkheads, revetments, groins, breakwaters, streets, utility lines, swimming pools, decks, boardwalks, fences, and beach crosswalks and crossovers;
Beach nourishment and renourishment, dune enhancement, sand management, and native landscaping; and
Excavation of sand and/or disturbance of vegetation in Area A.
No development, grading, filling or other land alteration shall occur seaward of the Development Setback Line other than permitted uses under Section 727.4, 727.8, and those conditional uses listed and approved above in this Section 727.5.


SECTION IV.

SECTION V. This Amendment shall become effective immediately upon passage. BOARD OF COMMISSIONERS,

ATTEST:
_____________________________ DHWANI PATEL, CLERK
GLYNN COUNTY, GEORGIA
BILL BRUNSON, CHAIRMAN

Additions – underlined Deletions – strikethrough
EXPLANATION OF CHANGES

SECTION I. Explanation of Changes for Amendment to Section 727.3.
727.3 Establishment of the Beach and Dune Development Setback Line. A Development Setback Line shall be established as follows for the two (2) subdistricts within the Beach and Dune Protection District. The purpose of the development setback line is to delineate those areas, within each subdistrict where development is permissible.
Area A – The Development Setback Line shall be located forty (40) feet landward of the crest of the most seaward stable dune, as determined by the Glynn County Commission following consultation with the Georgia Department of Natural ResourcesPlanning Commission.
Area B – The Development Setback Line shall be located twenty (20) feet landward of the mean high water mark, as determined by the Glynn County Commission following consultation with the Georgia Department of Natural ResourcesPlanning Commission.
SECTION II. Explanation of Changes for Amendment to Section 727.4. 727.4 Permitted Uses.
• 1) Landward of the Development Setback Line permitted uses shall consist of those uses allowed within the underlying zoning district. 

• 2) Seaward of the Development Setback Line permitted uses shall consist of boating, swimming, sunbathing, picnicking and other recreational uses not inherently destructive to the existence or integrity of the beach and dunes. 

• 3) Seaward of the Development Setback Line permitted uses shall consist of ongoing maintenance, management, and repair of those conditional uses listed under Section 727.5 that have previously been authorized by the Board of Commissioners. 

SECTION III. Explanation of Changes for Amendment to Section 727.5.
727.5 Conditional Uses. The following uses may be permitted seaward of the Development Setback Line on a conditional basis provided that the applicant demonstrates that the proposed use will have no significant adverse environmental effects, such as increasing the potential for beach erosion, interference with existing
established dune sequence, and increasing the exposure of inland properties to wind, water or wave damage.
• 1) Seawalls, jetties, bulkheads, revetments, groins, breakwaters, streets, utility lines, swimming pools, decks, boardwalks, or fences, and beach crosswalks and crossovers;. 

• 2) Beach nourishment and renourishment, dune enhancement, sand management, and native landscaping; and 

23) Excavation of sand and/or disturbance of vegetation in Area A.
34) No development, grading, filling or other land alteration shall occur seaward of the Development Setback Line other than permitted uses under Section 727.4, 727.8, and those conditional uses listed and approved above in this Section 727.5.
SECTION IV. Explanation of Changes for Amendment to Section 727.8.
727.8 Beach and Dune District – Sea Island, Permitted Uses. Upon consideration of the history of beach and dune activities on Sea Island which have been performed under the supervision and with authorization from the Georgia Department of Natural Resources prior to the effective date of this Section 727.8 on May 17, 2018, the Board of Commissioners, in order to ensure and promote orderly and well planned beach and dune land use and activities on Sea Island, as well as the most efficient use of County resources; the Board of Commissioners finds and determines that beach nourishment or renourishment, dune enhancement, sand management or grading, native landscaping, groins, and/or revetment uses or activities, as well as sand bags, and/or temporary or emergency uses, activities, or measures on Sea Island, performed before or after the effective date of this Section 727.8 on May 17, 2018, shall be a permitted use under Section 727, provided that all such activities and uses are or have been authorized and/or permitted by the Georgia Department of Natural Resources. Ongoing maintenance, management, and repair of such uses and activities on Sea Island shall also be a permitted use, provided that same is authorized by the Georgia Department of Natural Resource