(a)

The official title of this chapter 27 of the Brookhaven Code of Ordinances is the Zoning Ordinance of the City of Brookhaven, Georgia. For convenience, it is referred to throughout this chapter as the "zoning ordinance."

(b)

The zoning ordinance is comprised of the text of this chapter and the official zoning map, both of which are maintained in the community development department. The text and the map together constitute the zoning ordinance.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.1), 11-27-2018)

This zoning ordinance is enacted pursuant to the city's authority to adopt plans and exercise the power of zoning granted by the Ga. Const. art. IX, section II, ¶ IV; by the city's authority to enact regulations and exercise powers granted by the Ga. Const. art. IX, section II, ¶¶ I and III; by authority granted by the State of Georgia; by Official Code of Georgia Annotated (O.C.G.A.) § 36-66-2(b); by the Charter of the City of Brookhaven section 1.03(b)(25); by the city's general police powers; and by other powers and authority provided by other applicable federal, state and local laws.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.2), 11-27-2018)

(a)

The regulations of this zoning ordinance apply to all buildings, structures, land and uses within the incorporated area of the city.

(b)

All buildings and structures erected, all uses of land, water, buildings or structures established, all structural alterations or relocations of existing buildings, and all enlargements of, additions to, changes in and relocations of existing uses are subject to all regulations of this zoning ordinance that are applicable to the zoning district in which such buildings, structures, uses or land are located. Existing buildings, structures and uses that comply with the regulations of this zoning ordinance are subject to all regulations of this zoning ordinance. Existing buildings, structures and uses that do not comply with the regulations of this zoning ordinance are authorized to continue, subject to the nonconformity regulations of article XII.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.3), 11-27-2018)

The provisions of this zoning ordinance become effective on and compliance with its provisions becomes mandatory beginning November 27, 2018, unless otherwise expressly stated in a specific ordinance provision.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.4), 11-27-2018)

This zoning ordinance is enacted to promote the public health, safety, morals and general welfare of the residents of the city and to help implement relevant provisions of the comprehensive plan and other adopted plans and policies of the city.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.5), 11-27-2018)

No building or structure, and no use of any building, structure, land, or property, and no lot of record, may be established, constructed, expanded, altered, moved, diminished, divided, eliminated or maintained in any manner except in conformity with the provisions of this zoning ordinance.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.6), 11-27-2018)

In their interpretation and application, the provisions of this zoning ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.7), 11-27-2018)

In addition to the requirements of this zoning ordinance, all uses and development shall comply with all other applicable state and federal regulations, including requirements for licenses or permits.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.8), 11-27-2018)

(a)

State or federal regulations. If the provisions of this zoning ordinance are inconsistent with those of the state or federal government, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.

(b)

Other city regulations. If the provisions of this zoning ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision governs unless otherwise expressly stated.

(c)

Private agreements and covenants.

(1)

This zoning ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning ordinance impose a greater restriction than imposed by a private agreement or covenant, the provisions of this zoning ordinance control.

(2)

Private restrictive covenants to which the city is not a party are not regulated by or enforced by the city.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.9), 11-27-2018)

Whenever a provision of this zoning ordinance requires the community development director or another officer or employee of the city to perform an act or duty, that provision is to be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.10), 11-27-2018)

See article XIII.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.11), 11-27-2018)

The several provisions of this zoning ordinance are separable in accordance with the following rules:

(1)

If any court of competent jurisdiction adjudges any section or provision of this zoning ordinance to be invalid, such judgment does not affect the validity or continued application of zoning ordinance as a whole or any section or provision other than the sections or provisions specifically adjudged to be invalid.

(2)

If any court of competent jurisdiction adjudges as invalid the application of any section or provision of this zoning ordinance to a particular property, building or structure, such judgment does not affect the application of the section or provision to any other property, building or structure.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.12), 11-27-2018)

The location and boundaries of the zoning districts established by this zoning ordinance are depicted on the City of Brookhaven's Official Zoning Map, which is available for public inspection in the office of the community development director. The official zoning map shall be signed by the mayor and dated with the date of adoption. The official zoning map—together with all notations, references, data and other information shown on the map— is adopted and incorporated into this zoning ordinance. It is as much a part of this zoning ordinance as if actually depicted within its pages.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.13), 11-27-2018)

The community development director is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments. No unauthorized person may alter or modify the official zoning map. The community development director may authorize printed copies of the official zoning map to be produced, and shall maintain digital or printed copies of superseded versions of the official zoning map for historical reference.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.14), 11-27-2018)

Zoning district boundary lines shall be described by legal description or by a map that accompanies the ordinance establishing the district or amending the district boundaries.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.15), 11-27-2018)

(a)

General. Where any uncertainty exists about a zoning boundary that was established by legal description, the legal description accompanying the amending ordinance governs. In other cases, community development director is authorized to make an interpretation in accordance with the following provisions:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys will be construed to follow centerlines of rights-of-way or prescriptive easements. In case of closure of a street or alley, or vacation of any easement, the boundary shall be construed as remaining at its previous location unless ownership of the closure or vacated area is divided other than at the center, in which case the boundary will be construed as moving to correspond with the ownership, but not beyond any previous right-of-way or easement line.

(2)

Boundaries indicated as approximately following platted lot lines will be construed as following those lot lines.

(3)

Boundaries indicated as following city corporate boundary limit lines will be construed as following those corporate boundaries.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway in the railroad right-of-way.

(5)

Boundaries indicated as following shorelines of bodies of water will be construed to follow those shorelines. Boundaries indicated as approximately following the centerlines of creeks, streams or other predominantly linear bodies of water will be construed to follow those centerlines.

(6)

Boundaries indicated as parallel to or concentric with, or extensions of features indicated in paragraphs (1) through (5) of this section, shall be construed to follow those features. Distances and dimensions not specifically indicated on the zoning map shall be determined from the zoning map by the community development director.

(7)

When areas appear to be unclassified on the zoning map, and classification cannot be established by the rules of this section and there is no other evidence of its existing or past classification, such areas shall be considered to be classified in the R-100 district until action is taken to amend the zoning map.

(b)

Split-zoned lots.

(1)

The zoning map may not be amended to classify a single lot into two or more base zoning districts. This provision does not apply to overlay zoning districts.

(2)

Lots may not be reconfigured to create a split-zoned lot (into more than one base zoning district classification. This provision does not apply to overlay zoning districts.

(3)

If an existing lot is split into two or more zoning districts, each portion of the split-zoned lot is subject to the zoning district regulations that apply to such portion.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.16), 11-27-2018; Ord. No. RZ-2023-02-03, § I, 2-28-2023)

The provisions of this section address the transition to this zoning ordinance from the zoning ordinance in effect immediately preceding the effective date specified in section 27-4.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.17), 11-27-2018)

All other ordinances or resolutions in conflict with this zoning ordinance are hereby repealed. This provision does not repeal conditions of use, operation, or site development accompanying zoning approvals or permits issued under previous zoning ordinances or resolutions. Modification or repeal of past conditions of approval may be accomplished as authorized and provided by this zoning ordinance.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.18), 11-27-2018)

(a)

Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in section 27-4 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this zoning ordinance. If the building, development or structure is not commenced and completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.

(b)

Complete applications for special land use permits, variances or other zoning-related approvals that are pending approval on the effective date specified in section 27-4 shall be reviewed wholly under the terms of the zoning ordinance in effect immediately preceding the effective date specified in section 27-4 Building permits for construction and development approved under such zoning approvals may be issued in accordance with subsection (c) of this section.

(c)

The community development director is authorized to issue building permits for construction or development approved before the effective date specified in section 27-4 and for developments pending approval under subsection (b) of this section, even if such building, development or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the building permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.

(d)

When a use requiring approval through the special land use permit process under this zoning ordinance exists as an approved special land use permit or permitted use on the effective date specified in section 27-4, that use will be considered a lawfully established use. When any amendment to this zoning ordinance changes the classification of a permitted use to a special land use permit, any use lawfully established before such amendment will be considered a lawfully established special land use permit after the effective date of the amendment. A lawfully established existing use that is not allowed as a special land use permit or permitted use in the district in which the use is now located will be considered a nonconforming use.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.19), 11-27-2018)

The adoption of this zoning ordinance does not affect any pending or future prosecution of, or action to abate, violations of the previous zoning ordinance that occurred before the effective date specified in section 27-4.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.20), 11-27-2018)

The residential zoning district names in effect before the effective date specified in section 27-4 are converted in this zoning ordinance as indicated in table 1-1.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.21), 11-27-2018)