400.01.

In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and limit the height and bulk of buildings hereafter erected, reconstructed, altered or enlarged; to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the City of Brookhaven is hereby divided into districts of which there shall be ten (10) as follows:

The order of classification shall be as enumerated above with the F-1 Flood Plain District being the most restrictive and the I-2 Heavy Industrial District the least restrictive classification.

The districts aforesaid and the boundaries of such districts are shown upon the map designated as the "Official Zoning Map" and said maps and all the notations, references and other information shown thereon shall be as much a part of this Ordinance as if the matters and information set forth by said map were all fully described herein.

Except as hereinafter provided:

400.02.

No building shall be erected, reconstructed, altered or enlarged nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.

400.03.

No building shall be erected, reconstructed, altered or enlarged to exceed the height or bulk limit herein established for the district in which such building is located.

400.04.

No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this Ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established.

400.04-01.

No building permit shall be issued by the City for the construction or placing of, and no person shall construct or place, any dwelling, structure or edifice, designed or usable as a dwelling place, on any lot, tract or parcel of land unless the lot, tract or parcel of land upon which each such structure is to be located, or is located, has been defined, delineated or described by a map or plat filed for record in the Deed Records of the County; provided, that this Ordinance shall not prohibit the issuance of a building permit for the construction or placing of any single structure, designed or usable as a dwelling, located on any tract of land set apart, delineated or defined by a metes and bounds description and recorded in the Deed Records of the County, and shown on a plat, giving an accurate location of such tract relative to any existing recorded addition or subdivision, when the only structure (with its permitted appurtenances) is located or, to be located thereon, faces or fronts upon a legally established public thoroughfare.

400.04-02.

No building permit shall be issued by the City for the erection or placing of any dwelling on a lot, the width or street frontage of which has been decreased from the width or street frontage as originally platted or as replatted and recorded in the Deed Records of the County, nor shall a building permit be issued for the erection or placing of any dwelling on the rear yard of any corner lot situated in Districts R-1, R-2, or R-3.

400.04-03.

No building permit shall be issued by the City for a mobile home except when being placed or located in an approved and permitted mobile home park.

400.04-04.

A building permit may be issued by the City or its agent for the construction or placing of a dwelling on a lot or tract of land composed of portions of two or more lots as same appear upon the map thereof as recorded in the Deed Records of the County, only when such lot or tract has a street frontage of not less than the street frontage of any lot in the same block.

400.05.

No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

400.06.

Every building hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one (1) building on one (1) lot, except as permitted by the Zoning Board of Adjustment.

401.01.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

401.02.

Boundaries indicated as approximately following the center lines of streets, highways, railroads or alleys shall be construed to follow such center lines;

401.03.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

401.04.

Boundaries indicated as approximately following city limits shall be construed as following such city limits;

401.05.

Where the boundary of a district line follows a railroad right-of-way, such boundary shall be deemed to be located on the right-of-way line to which it is closest, which shall completely include or exclude the railroad easement unless otherwise designated;

401.06.

Boundaries indicated as following shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

401.07.

Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 6 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

401.08.

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 2 above, the Board of Adjustment shall interpret the district boundaries;

401.09.

Where a district boundary line divides a lot which was in single ownership at the time of passage of this Ordinance, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 100 feet beyond the district line into the remaining portion of the lot.