This chapter establishes comprehensive zoning regulations for the City of Brunswick, creates various zoning districts within the city, regulates the development and use of land parcels according to the character of each district and provides for the administration, enforcement and amendment of this chapter. The provisions were enacted by Ordinance No. 877 on April 19, 1989, which shall be deemed to be the date of enactment. Amendments after said date shall have a date of enactment corresponding to the date of adoption of each such amending ordinance.

(Ord. No. 1081, 9-20-2023)

This chapter shall be known and may be cited as "The Zoning Ordinance of the City of Brunswick, Georgia."

(Ord. No. 1081, 9-20-2023)

In the interpretation of this chapter, all words used in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "building" includes the term "structure." The word "person" includes a firm, company, partnership, association, public or private authority, or corporation. The word "shall" is mandatory, and the word "may" is permissive. The word "used" shall be deemed also to include "designed, arranged or intended to be used or occupied." The term "planning staff" refers to employees of the City of Brunswick Department of Planning, Development and Codes. The term "building official" refers to the person designated by the city manager and employed as such by the City of Brunswick, currently the director of planning, development and codes or to his authorized subordinate employee. The term "city commission" refers to the governing authority of the City of Brunswick.

Certain words and terms are defined for purposes of this chapter as set forth hereinafter. Words and terms which are not defined herein shall have their generally accepted meaning as shall be determined by the officials responsible for the administration and enforcement of this chapter. Appeals of interpretative decisions may be made to the planning and appeals commission.

(Ord. No. 1081, 9-20-2023)

The following definitions shall apply to words used in this chapter:

Abandonment: The voluntary discontinuance of a use of property for a continuous period of at least 365 days, either by vacating the site, or by cessation of operations.

Accessory structure: A structure customarily incidental and subordinate to the principal use or structure located on the same premises such as a fence, storage shed or well pump house.

Accessory use: A use customarily incidental, appropriate and subordinate to the principal use of land or building(s) located on the same parcel.

Accessory building in residential zones: Shall be located only in the rear yard and shall occupy no more than 40 percent of the rear yard (see definition of rear yard in this section) or 25 percent of the ground floor sf area whichever is less. Such building may not be located less than five feet from any lot line. An accessory building that is attached to the principal residential structure by a covered walkway (i.e., breezeway) or has one wall or part of one wall in common with the principal residential structure shall not be subject to any yard requirements stated herein.

Accessory apartment (living unit): An accessory apartment may be permitted in an accessory building within a residential district. It may have as many as three rooms including a bedroom, living area with kitchen and bathroom. It may be located within a principal residential structure or as a part of an accessory building in a residential zone. Such an accessory apartment may be termed a "mother-in-law apartment," "carriage house" or "garage apartment." The accessory apartment may be rented to another party for a period of one year or more.

Accessory guest house: Living quarters situated within a detached or semi-detached accessory building located on the same premises with the principal building. Such quarters shall contain no cooking facilities, shall be used only by bona fide non-paying guests or by relatives of the occupants of the premises, and shall not be rented or otherwise occupied as a separate dwelling.

Addition to an existing building: Means any walled or roofed expansion to the perimeter of an existing building; however, any such addition which is connected by a firewall or is separated by a load bearing wall is considered "new construction."

Alley: A minor right-of-way dedicated to public use which affords secondary access to the side or rear of abutting property. An alley may also be used to locate above or below ground public utilities

Alteration of building: Any change in the supporting members of a building (such as bearing walls, columns, or girders), any addition or reduction to a building; any change in use; or any relocation of a building from one location or position to another on the same property.

Automobile service: Buildings and premises on any parcel or lot where gasoline, oils, and greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or as an operation accessory to another business), where no part of the premises is used for the storage of dismantled or wrecked vehicle parts.

Apartment: A dwelling intended for rental occupancy or ownership under a cooperative or condominium in a building having two or more independent and separate living units.

Bed and breakfast home: A business establishment operated within a dwelling by the owner or occupant, offering temporary lodging and one or more meals to not more than ten guests in not more than five sleeping rooms while away from their normal places of residence. Also known as a "tourist home."

Boarding house: Also called a "group residence home." Any residential structure, supervised or not, used as living and sleeping arrangements for more than four unrelated individuals and up to 15 for periods of one week or more. Tenants may share the common areas of the home and provisions for meals may be made, provided cooking is done in a central kitchen and not in individual rooms or suites. For purposes of zoning, a rooming or boarding house shall not be a fraternity or sorority house nor a personal care home. The landlord shall not provide supervision of person, supervision of medications, assistance with activities of daily living, or nursing services. Otherwise, the home would fall under the requirements for a personal care home or community living arrangement and require a permit by the State of Georgia.

Buffer: That portion of a parcel established for permanent vegetation, fence or similar structure and/or open space in order to visually separate properties with a different and possibly incompatible use on a year-round basis.

Building: Any structure having a roof supported by columns or walls intended for shelter, housing or enclosure of persons, animals, or property of any kind.

Building height: The vertical distance measured from the average natural grade of the building footprint or from the base flood elevation established by FEMA, whichever is higher above mean sea level, to the highest point of the roof or other structural component of the building not otherwise exempted from height regulation.

Building line: That line which represents the distance a building or structure must be set back from a parcel boundary line according to the terms of this chapter. In all cases the building lines of a lot shall run parallel to such parcel lines.

Building official: The person designated as such by the city manager currently the director of planning, development and codes. The building official is responsible for enforcing the provisions of this article.

Building, principal (principal building): A building in which is conducted the principal use of the parcel on which said building is situated.

Childcare learning home: A private facility operated for pay in a private residence for the supervision, care and learning of not more than four children, ages six or less, for periods of less than 12 hours per day, without transfer of custody, and whose parents or guardians do not reside at the private home. Such a program shall first be licensed by the Georgia Department of Early Care and Learning Services (DECAL).

Childcare learning center: A public facility operated for pay for the supervision, care and learning of four or more children under the age of 18 for periods of not more than 24 hours per day, without transfer of custody. Such a program shall first be licensed by the Georgia Department of Early Care and Learning Services.

City: The City of Brunswick, Georgia, a municipal corporation, or the area located within the corporate limits of the City of Brunswick.

Clinic: An establishment where medical or dental patients who are not lodged therein overnight are admitted for examination or treatment.

Commission: The governing authority of the City of Brunswick, that is, its city commission.

Conditional use: A use of property, not permitted in the zone in which the property is located, specifically permitted by the city commission following a recommendation of the planning and appeals commission with conditions including those in this chapter in section 23-25-4.

Density: The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this chapter are expressed in dwelling units per net acre — that is, the acreage of land devoted to residential use exclusive of land dedicate for public use to be utilized for streets, alleys, parks, playgrounds, school grounds or other public uses.

Dormitory: A building or space in a building in which group sleeping accommodations are provided for more than 15 unrelated persons in one room or a series of closely associated rooms under joint occupancy and single management, with or without meals, but without individual cooking facilities. This shall also include a fraternity or sorority house.

Drug or addiction care facility: A care home, group dwelling, half-way house, rehabilitation center or other facility for the care or treatment of drug or alcohol dependency.

Dwelling, one-family: A detached dwelling building designed for or occupied exclusively by one family.

Dwelling, two-family: A dwelling other than a mobile home designed for or occupied exclusively by two families in separate dwelling units living independently of each other, with separate ingress and egress on a single lot.

Dwelling, loft: A residence, located in a zoning district with permitted mixed use(s) within a building, with no interior walls (other than a bathroom) typically located within an older retail or industrial building on the ground and/or second upper floor in a two-floor building. Loft residents may be located within buildings where a commercial establishment is located and conducting business.

Dwelling, manufactured or modular: A building transported in structural sections such a walls, roof and foundation elements, and other components designed to be erected and attached on a permanent foundation or slab established or to be constructed on a parcel. When assembled and erected a permanent dwelling will have been constructed meeting all local housing and building codes.

Dwelling, mobile home: A structure built on a permanent chassis, transportable in one or more sections, which is at least ten feet wide and has at least 600 square feet of floor area, with plumbing, heating, air conditioning and electrical systems contained therein, and which is designed to be used as a dwelling when connected to the required utilities.

Dwelling, multi-family: A dwelling or dwellings on a single lot, other than mobile homes, designed for or occupied by three or more families living independently of each other, with separate ingress and egress, and with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, tiny home: A modular or on-site constructed housing unit designed to be occupied by an individual or two individuals, typically with 400 square feet of living area (not including an upper loft area) and located in clusters of similar structures in a planned development (PD district) of similar housing units. Actual living area must meet the occupancy standards of the city's building codes.

Dwelling, townhouse or row house: One of a series of two or more attached one-family dwelling units, other than mobile homes, on separate lots which may or may not have a common roof, or a common exterior wall and are separated from each other by fire resistive party wall partitions extending at least from the lowest floor level to the roof.

Dwelling unit: A space, area or portion of a building designed for and occupied by one family as a dwelling unit, with cooking, bathing and sleeping facilities for the exclusive use of such family.

Drive-in/drive through: A retail or service enterprise oriented to automobile-driving patrons wherein service is also provided to consumers on the outside of the principal building. The term "drive-in/drive through" includes drive-in restaurants, banks, laundries, food stores, liquor stores.

Family: Any number of individuals legally related through blood, marriage, adoption, or guardianship, including individuals placed for foster care by an authorized agency; or up to four unrelated individuals living and together and functioning as a single housekeeping unit.

Family day care home: A home operated by any person who receives pay for caring for six or fewer children or adults (other than members of the family occupying the premises) for day-time supervision and care. Such a use shall be considered a home occupation.

Garage, private: An accessory building or portion of a principal building used only for the private storage of motor vehicles owned and operated by the occupants of the principal building as an accessory use.

Garage, repair: Building and premises designed or used for commercial repairs, provided that body work and painting shall be conducted within fully enclosed buildings and provided further that vehicles not in safe operating condition shall be stored in fully enclosed buildings.

Halfway house: A group facility occupied and used for the business purpose of providing transitional offender rehabilitation or similar purposes, whether for profit or nonprofit, and whether or not required to have a federal or state permit, provided that the majority of the residents shall meet one of the following criteria:

(1)

On parole or probation, or has been ordered to reside in such type of facility as a condition of parole or probation; or

(2)

Has been convicted of a felony and has completed his or her sentence; or

(3)

Has been convicted of a criminal offense and has been ordered to reside in such type of facility as part of the criminal sentencing.

Home occupation: A business, profession, occupation or trade, conducted for gain and operated by the owner or legal tenant, that is accessory to and entirely within a single-family, two-family or multi-family residential dwelling or within an accessory structure to a single-family residential dwelling. Such home occupation shall not involve visits or access by clients or customers unless otherwise permitted by this chapter. Reference section 23-3-16 of this chapter.

(1)

Home office: A home occupation that is limited to an office use and does not involve visits or access by the public, suppliers or customers, and does not involve the receipt, maintenance, repair, storage or transfer of merchandise at the dwelling.

(2)

Home business: A business that is limited to the use of a practicing professional or the operator of a business conducted elsewhere.

Hotel: A commercial and licensed facility and building(s) offering transient lodging accommodations to the general public. The word "hotel" also includes the terms "motel," "inn" and "tourist court." The term hotel does not include a bed and breakfast inn, boardinghouse, mobile home park, travel trailer or RV park.

Junk or salvage yard: An open area used for the storage, keeping, abandonment, sale or resale of, salvage or scrap metals, paper, rags, rubber tires, and bottles or for the dismantling, demolition, storage or abandonment of automobiles and other vehicles, machinery or equipment, or parts thereof. Does not include such activities or storage within buildings.

Loading space, off-street: Space that is logically and conveniently located for pickups and deliveries, scaled to the size and type of delivery vehicles expected to be used, and accessible to such vehicles.

Lot: A developed or undeveloped parcel or tract of land in one ownership, legally transferable as a single unit of land. Unless clearly indicated otherwise, the word "lot" when used alone in this chapter shall mean a "zoning lot" as herein defined.

Lot, corner: A lot located at the intersection of two or more streets or bounded on two or more adjacent sides by street right-of-way lines.

Lot depth: The mean horizontal distance between the front (adjoining a street right-of-way) and rear lot lines, measured in the general direction of the side lot lines.

Lot, interior: A lot other than a corner lot or through lot.

Lot of record: An area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed as filed in the official records of the Clerk of Glynn Superior Court.

Lot, through: A lot having frontage on two nonintersecting parallel streets, as distinguished from a corner lot.

Lot width: The distance between side lot lines measured at and along the front building (setback) line.

Lot, zoning: A parcel of land occupied or to be occupied by a principal use or uses, together with such accessory uses, yards and open spaces as are permitted or required under the provisions of this chapter, having frontage on an officially accepted public street and having not less than the minimum area required by these regulations for a lot in the zoning district within which the parcel of land is located. A lot of record may or may not be a zoning lot.

Micro-brewery or distillery: A place for the small scale and independent manufacturing of specialty or craft beer, liquors or wine produced for retail sale and consumption on-site and off-site. A micro-brewery may include a single residence for the operator (brew master) of the brewery or distillery and may also include a combination of a permitted restaurant, bar or nightclub.

Micro-industry: A business occupying a commercial space and producing craft style fabrication and assembly of goods to be primarily sold on the premises such as metal and wood furniture, picture frames, art objects, clothing and clothing accessories, jewelry items, pottery and home accessories. Such a business shall not occupy more than 4,000 square feet and shall have no outside storage of raw materials, any special requirements for unloading incoming raw materials nor loading outgoing finished products.

Mixed use: A building or property occupied by both commercial retail stores and/or offices and residential dwellings in single integrated structure or development of multiple structures. The residential dwellings shall be treated as multi-family residences for purposes of parking requirements.

Mobile home park: Premises where spaces are set aside or offered for sale or rent to accommodate four or more mobile homes for use as dwellings.

Mobile home space: A plot of ground within a mobile home park designed for the accommodation of one mobile home and any permitted attached structures such a screened porches, decks or canopies.

Nonconforming use: A building, structure or parcel of land lawfully occupied by a use that does not conform to the regulations of the zoning district in which it is situated.

Nonconforming structure: Any structure that exists lawfully under these zoning regulations at the effective date of its adoption or amendment that could not be built under these zoning regulations due to restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure.

Outdoor storage—Temporary: Placement on a parcel, and not within a building or structure, supplies, materials, goods, equipment, products or surplus materials for more than seven consecutive days or more than a total of 30 days within a year if not fully screened from public view. Excludes construction materials meant for the construction or renovation of a principal or auxiliary structure.

Outdoor storage—Permanent: Permanent or recurring placement on a parcel, and not within an enclosed building or open structure such as an open shed for lumber or building materials, of goods, materials, vehicles and equipment for sale on the premises where placed.

Personal care home: A profit or nonprofit facility, home or structure(s) for the protective care of two or more persons, who need a watchful environment, but do not have an illness, injury, or disability, which requires chronic or convalescent care, including medical and nursing services. Protective care and watchful oversight includes, but is not limited to, a daily awareness of the residents' whereabouts, the asking and reminding of residents of their appointments for medical checkups, the ability and readiness of management to intervene if a crisis arises for a resident, and supervision by management in areas of nutrition, medication, and actual provision of transient medical care, with a 24-hour responsibility for the well being of residents of the facility. Personal care homes shall be classified in one of the following ways:

(1)

Individual: Two to three clients.

(2)

Family: Four to six clients.

(3)

Group: Seven to 15 clients.

(4)

Congregate: 16 or more clients.

Specific regulations are included in permitted zones. Must be licensed by The State of Georgia and approval by the Glynn County Department of Health is required.

A rest home, nursing home, convalescent home, or similar use established and operated on a profit or non-profit basis to provide lodging and/or meals and/or domiciliary care for aged, infirm, chronically ill or convalescent persons.

Planning and appeals commission: Appointed by the Brunswick City Commission.

Planning staff: The city employees or contractors designated by the city manager to process applications for re-zonings, conditional uses and variances.

Professional: A use or occupancy by persons including support staff, engaged in rendering personal, executive, or administrative services, including accountants, architects, engineers, land surveyors, doctors and other healthcare services, lawyers, insurance offices and administrative offices considered professional in character.

Recreational vehicle: A mobile travel camping unit on wheels, excluding a mobile home, which is designed to be pulled by or carried on a wheeled mobile vehicle. Included in this definition are pick-up campers, converted or factory assembled camper vans or buses, tents tent trailer or other similar mobile devices.

Recreational vehicle park or campground: Any site, lot, parcel or tract of land upon which recreational vehicles are placed in accordance with the requirements of this chapter.

Special event venue: An establishment, including social gathering event centers, that is rented by individuals or groups intended to accommodate public and private events and functions, social, entertainment, or educational gatherings to include meetings, music events, weddings, receptions, banquets, fundraisers, parties, private performances, art shows, and other celebrations, and which establishment shall include a permanent structure which houses an onsite kitchen or catering capabilities.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half: A story in which one or more exterior walls intersect a sloping roof not more than two feet above the floor of such story.

Street: A public way for vehicular traffic which affords the principal means of access to abutting property.

Street centerline: That line surveyed and monumented by the governing body as the centerline of a street, or in the event that no centerline has been so determined, that line running midway between and parallel to the general direction of the outside right-of-way lines of the street.

Structure: Anything constructed or erected which requires a fixed location on the ground or which is attached to something having a fixed location on the ground, including but not limited to, mobile homes, signs, walls and fences.

Trailer: Any vehicle or structure capable of moving and/or being moved over streets and highways on its own wheels or on a flat bed or other carrier, which is designed or utilized to provide temporary or permanent quarters for the conduct of a business, profession, trade or occupation, new or used goods, products or equipment, or be used as a selling, advertising or display device.

Variance: A modification of the strict terms of this chapter granted by the board of zoning appeals where such modification will not be contrary to the public interest nor adversely impact an adjoining property, and where, owing to conditions peculiar to the property and not as the result of any action on the part of the property owner, a literal enforcement of this chapter would result in unnecessary and undue hardship.

Yard: A required open space located on the same lot as the principal building which is unoccupied and unobstructed from ground to sky except for landscape and where encroachments, fences or walls, utilities and accessory uses are expressly permitted.

Yard, front: A yard situated between the front building line and the front lot line extending the full width of the lot. The actual rear yard is the area between the greatest extremity of the rear wall of the principal structure and the rear lot line extending the full width of the lot.

Yard, rear: A yard situated between the rear building wall line and the rear lot line and extending the full width of the lot.

Yard, side: A yard situated between a side building line and a side lot line and extending from the front yard to the rear yard.

(Ord. No. 1081, 9-20-2023)