In interpreting and applying this ordinance, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of the ordinance. Except as hereinafter provided, this ordinance shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, or other agreements between parties. Whenever the provisions of this ordinance impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of lot to be left unoccupied than the provisions of other resolutions, rules, regulations, permits, or any easements, covenants, or other agreements between parties, the provisions of this ordinance shall govern.

No building, structure, or land shall be used or occupied; and, no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with this ordinance.

No building or structure may be erected or use established unless upon a lot as defined by this ordinance except, as provided in section 3-17.2 and section 9-1.

Except as herein provided, (see section 6-2) there shall be no more than one principal building, structure, or use upon any lot other than lots within C-1, C-2, I-1, or I-2 districts.

No open space shall be encroached upon or reduced in any manner except in conformity to the yard, setback, off-street parking spaces, and such other regulations required by this ordinance for the district in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs, and planted buffer strips shall be construed not to be encroachments of a yard to the extent not exceeding 30 inches in height. Signs shall be considered as an encroachment.

No part of any yard, other open space, or off-street parking or loading space required about or in connection with any building, structure, or use by this ordinance shall be considered to be part of a required yard, or other open space or off-street parking or loading space for any other building, structure, or use except as provided in section 7-6.

Except as provided in section 3-19, no lot existing at the time of passage of this ordinance shall be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this ordinance for the district in which it is located unless said reduction or division is necessary to provide land that is needed and accepted for public use.

No building, structure, service area, or required off-street parking and loading facilities, except driveways, shall be permitted to encroach on public rights-of-way.

Accessory buildings may not be erected in a front yard, and in no instance shall such a building be placed nearer to a property line than ten feet.

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on said streets in the same block or adjacent blocks.

Accessory buildings or uses on non-residential lots shall comply with front, side and rear yard requirements established for the zoning district in which such accessory buildings or uses are located.

One recreation vehicle, travel trailer or camper as defined in section 2-57 may be stored on a residential lot provided it is locked and unoccupied.

A manufactured building may be used as an office, provided that it shall not also be used as a dwelling, during construction for a period not exceeding one year.

No building shall be erected on a lot which does not abut for at least 25 feet on a public street (except in a C-1 zone), and which is not accessible via a public drive of not less than 20 feet [in] width, exclusive of parking.

In the case of a corner lot, side yard setback requirements from the property line shall be equal to 75 percent of that required for the front yard setback for the district. On a corner lot where the main entrance into a residence is facing a side yard, it shall be permissible for purposes of this ordinance to construe the residence to be fronting on the street other than that street which said entrance faces, and side and rear yard requirements may be provided accordingly. If a building is constructed on a double frontage lot having frontage of two roads not at an intersection, a setback from each road shall be provided equal to the front yard requirement for the district in which the lot is located.

Wherever screening is required by this ordinance, a durable masonry wall, or fence and hedge of sufficient capacity to provide a visual blind designed to be compatible with the character of adjoining properties, shall be provided. Such fences and walls shall be at least five feet in height measured from the ground along the common lot line of the adjoining properties. Hedges or comparable natural plantings shall be of such variety that an average height of at least five feet could be expected by normal growth within no later than three years from the time of planting.

Within any non-residential district, side yards and rear yards shall not be required adjacent to railroad rights-of-way.

Any lot of record existing at the time of the adoption of this ordinance, which has an area or a width which is less than required by this ordinance, shall be subject to the following exceptions and modifications:

Section 3-17.1. Adjoining lots. When two or more adjoining lots with continuous frontage are in one ownership at any time after the adoption of this ordinance and such lots individually are less than the minimum square footage and/or have less than the minimum width required in the district in which they are located, then such group of lots shall be considered as a single lot provided, however, that when such combination of lots would create a single lot having a width and area 1¾ times or more than that width and area required by this ordinance, then such lot may be divided into two lots of equal width and equal area and said lots used as conforming lots.

Section 3-17.2. Lot not meeting minimum lot size requirements. In any district in which single-family dwellings are permitted, any lot of record existing at the time of adoption of this ordinance which has an area or a width which is less than that required by this ordinance may be used as a building site for a single-family dwelling or other use permitted in that zone; provided, however, that the same yard, set-back, open-space, and other dimensional requirements are met that would be required for a standard lot.

In all zones, except on corners where a traffic light is existing and operating 24 hours daily, no solid construction, hedge, bushes, or other obstruction which extends over 30 inches in height shall exist within ten feet of the right-of-way line. Exceptions shall be made for utility poles, lighting standards, traffic and street signs and trees, the branches of which are kept trimmed to a height of eight feet above the street level. Non-conforming buildings shall be exempt from this provision.

In the event that a district boundary line on the zoning map divides a lot of record held in one ownership on the date of passage of this ordinance, each part of the lot so divided shall be used in conformity with the regulations established by this ordinance for the district in which each such parcel is located; except, however, that if the property owner of such a lot, other than a through lot, so desires, he may extend a use allowed on the greater portion of said lot 35 feet beyond the district boundary line in accordance with setbacks and yard requirements of the district into which he is encroaching.

In a C-1 or C-2 district where a lot abuts any residential district, a ten-foot wide buffer shall be provided with screening as specified in section 3-15. Off-street parking associated with such uses shall be governed by this same provision.

The height limits of this ordinance shall not apply to a church spire, belfry, cupola, dome, or ornamental tower not intended for human occupancy, monument, water tower, observation tower, transmission tower, chimney, smoke stack, conveyor, flag pole, radio or television tower, mast or aerial, parapet wall not extending more than four feet above the roof line of the building, and necessary mechanical appurtenances including silos, storage tanks, and process structures necessary for normal operations of industries in I-2 districts. The height limits do apply to signs unless otherwise noted.

Architectural features such as cornices, eaves, steps, gutters, and fire escapes may project not more than four feet beyond any required setback line, except where such projections would obstruct driveways which are or may be used for access for service and/or emergency vehicles.

When a lot of record has a width less than the frontage required in the district in which it is located and said lot cannot be increased in width as provided in section 3-17, then the zoning administrator shall be authorized to grant a variance to reduce the side yard requirements for such a lot provided, however, that there shall be not less than an eight-foot side yard. Any such decision may be appealed pursuant to the provisions of article 11.

If either a use or class of use is not specifically indicated as being permitted in a district either as a matter of right, or as a special exception, then such use, class of use, or structures for such uses, shall be prohibited in such district.

A commercial swimming pool shall not be located within 20 feet of a property line.

Same as accessory structures, section 3-9. All swimming pools shall be enclosed by a fence not less than four feet in height with child-proof locking gates.

The city shall rezone any property that is annexed into the city. The city shall complete all the procedures for a rezoning map amendment under article 12 other than the final vote prior to the adoption of the annexation resolution or ordinance but no sooner than the date the notice of the proposed annexation is provided to Bulloch County. The hearing shall be conducted prior to the annexation. The notice published for this rezoning shall also be published in a paper of general circulation in Bulloch County, and shall otherwise comply with section 12-2.6 [12-4]. A sign shall be placed on the property in accordance with section 12-2.7 [12-5]. The vote on the rezoning shall take place after the annexation and shall become effective on the latter of the date of the rezoning is approved or the date the annexation becomes effective pursuant to O.C.G.A. § 36-36-2.

Heavy industry plants in I-2 districts shall have the right to engage in any activity necessary to maintain and expand that industry and shall have the right to engage in any activity to comply with any mandated state or federal legislation or agency. These rights for activities and fixtures to maintain business and plant maintenance and/or to comply with state and federal regulations shall not be interpreted so as to grant these rights to activities or fixtures that are not necessary for maintenance of heavy industrial plants and shall not permit other businesses to locate in I-2 districts, solely because they engage in similar activities as an independent supplier to said heavy industries. These rights shall exist for contractors that are engaged in such activities for heavy industries on said industries' property.

The compatible relationship of proposed development in the City of Brooklet is of critical public concern for any buildings or site improvements. The intent of the design review is not to stifle innovative architecture, but to assure respect for and reduce incompatible and adverse impacts on the visual experience of the city. Prior to the granting of a building permit, the zoning administrator shall exercise the following guidelines in reviewing such proposed development:

Section 3-28.[1.] Proposed development shall avoid excessive or unsightly grading, indiscriminate earth moving or clearing of property, and removal of trees and vegetation which could cause disruption of natural water courses or disfigure natural land forms.

Section 3-28.2. Proposed development shall be located and configured in a visually harmonious manner with the terrain and vegetation of the parcel and surrounding parcels.

Section 3-28.3. Although maximum site densities and special site regulations shall be preserved, structures shall not dominate, in an incompatible manner, any general development or adjacent building which is substantially in compliance with this article. This may be accomplished by the use of proper site design, architectural features, and/or landscaping to reduce the appearance of excessive and inappropriate height or mass of the proposed structures.

Section 3-28.4. The architectural design of structures and their materials and colors shall be visually harmonious with the overall appearance, history and cultural heritage of Brooklet and demonstrate the city character, that is, structures which are designed to be unobtrusive and set into natural land forms and existing vegetation.

Section 3-28.5. Structures shall demonstrate the general principles of good design including but not limited to those dealing with form, mass, scale, height, texture and color. Specific consideration shall be given to compatibility with adjacent structures where such structures are substantially in compliance with this article.

Section 3-28.6. Pitched roofs with a minimum slope of 5/12 and with wide overhangs are strongly encouraged. Shingles, metal standing seam, tile or other roof materials which are nature-blending in texture and appearance are considered appropriate to the city character.

Section 3-28.7. Long monotonous facade designs including, but not limited to, those characterized by unrelieved repetition of shape or form or by unbroken extension of line shall be avoided. Excessive ornamentation shall be avoided to prevent visual clutter.

Section 3-28.8. Buildings with metal surfaces must obtain a special exception in A-1, C-1, C-2, R-1, R-2 or R-3 districts. This provision shall have no applicability to the construction or placement of accessory buildings as defined in section 2.2. All fees for special exception applications for metal buildings are waived.

(Ord. of 9-18-2002)

Section 3-28.9. Exterior colors.

A.

Context: Exterior colors must be selected to be harmonious with the neighborhood and blend with the natural surroundings of the site. Colors shall not be used to cause the structure to stand out from others or its background. Consideration must be given to the compatibility of colors with those existing in the vicinity. The size of the structure and the amount of shading it will receive are also a factor in the selection of colors.

B.

Hue: The overall exterior color scheme shall be composed of harmonious tints, shades or tones that are low in intensity or brightness and are more neutral in appearance. Primary and secondary colors and highly saturated, bright tertiary colors may only be approved for very limited use where appropriate to accent a feature of the design or provide visual interest. The number of such colors shall be limited to two and must be compatible with the overall color scheme.

C.

Contrast: Exterior color schemes must avoid placing together colors with values that are highly contrasting. Subtle levels of contrast are desirable to emphasize architectural elements or to provide visual interest. The use of black, white or off-white may be approved for very limited use where a high level of contrast is warranted.

Section 3-28.10. To the extent that they relate to aesthetic considerations, the design and construction techniques of the proposed development shall respond to energy consumption and environmental quality considerations such as heat loss, heat gain, air emissions and runoff water quality.

Section 3-28.11. All plans for construction of a building must be approved, as consistent with this section, by the zoning administrator and building inspector, prior to issuance of a building permit.

Any party aggrieved with a decision by the zoning administrator may file an appeal with the planning commission. Any such appeal must be made with 30 days of the adverse decision.

All satellite dish signal receiving stations in excess of 24 inches in diameter are subject to the following conditions:

A.

Such stations shall be located in the rear yard or on the rear or side of the house, as defined in this ordinance; and,

B.

The height of the station shall not exceed 15 feet above the ground when said station is in a position perpendicular to the ground; and, the maximum diameter of any dish antenna shall not exceed 12 feet.

No dwelling house shall be erected without providing a parking space consisting of an asphalt or concrete surfaced area. Any garage shall be connected by a paved driveway of hot-mix asphalt or concrete connecting the parking space (garage) with a street and permitting ingress and egress of an automobile. Driveway and walkways must be completed prior to occupancy of the dwelling. No plumbing vent or heating vent shall be placed on the front side of the roof, nor shall any concrete block be left exposed.

Section 3-32.1. Prohibited activities. No oil drilling, development, refining operations, mining, quarrying, operation of sand and gravel pits, and no borrow pit should be permitted upon or in any of the building sites in the tract described herein, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any of the building sites covered by these restrictions.

Section 3-32.2. Inoperative motor vehicles. No motor vehicle shall be permitted to remain on the premises for more than 30 days in an inoperative condition, and no car repairs of a major nature may be carried on upon the premises. No lot or yard may be used as a parking area of heavy equipment such as excavating, grading or tractor equipment or heavy trucks such as school buses, transport trucks, and dump trucks. Pickup trucks are acceptable.

Section 3-32.3. Playground equipment. All playground equipment shall be placed on the rear of the property.

Section 3-32.4. Boats, trailers, and campers. All boats, boat trailers, travel trailers and campers shall be kept in a garage, carport, or the rear yard of the residence.