Brunswick City Zoning Code
CHAPTER 1290
Overlay District
1290.01 PURPOSE.
The purpose of Overlay District regulations is to assist with the development of land and structures to be compatible with the environment and to protect the quality of the urban environment in those locations where the characteristics of the area are of significant public value and are vulnerable to damage by development permitted under conventional zoning and building regulations. Overlay Districts are established to provide additional land use controls and are superimposed over existing zoning districts. Property within an Overlay District is also subject to the provisions of its underlying zoning designation; provided, however, where the provisions of the Overlay District are more restrictive than the provisions of the underlying zoning designation, the provisions of the Overlay District shall apply. Overlay Districts are intended to serve one or more of the following purposes:
(a) To implement land use and urban design recommendations and standards set forth in neighborhood or corridor area plans, which plans have been adopted as part of the City's Comprehensive Plan;
(b) To provide uniformity in the design standards applicable to arterial corridors having varied underlying zoning;
(c) To provide uniform standards for mitigating the impact of intensive commercial uses adjacent to low density residential uses;
(d) To protect the public and property owners from blighting influences which might be caused by application of conventional land use regulations to properties and areas having sensitive environmental qualities;
(e) To protect the public from unsafe buildings or unstable land which would be caused by uncontrolled development;
(f) To prevent significant damage to the economic value and efficiency of operation of existing properties and/or new developments due to the interdependence of their visual and functional relationships;
(g) To protect the public from blighting influences in areas of high public investment which have added substantial value to a neighborhood; and
(h) To provide for the protection of special features in the natural and built environment.
(Ord. 115-2020. Passed 2-22-21.)
1290.02 EFFECT OF UNDERLYING ZONE DESIGNATION.
All of the provisions of the underlying zone district shall be in full force and effect, unless such provisions are specifically varied by the provisions of the applicable Overlay District; provided, however, an Overlay District shall not be used to add to the specific permitted uses in the underlying district.
(Ord. 115-2020. Passed 2-22-21.)
1290.03 IDENTIFICATION.
The location of all Overlay Districts shall be shown on the Zoning Map of the City of Brunswick as an Overlay superimposed in specific areas over existing zones.
(Ord. 115-2020. Passed 2-22-21.)
1290.04 ESTABLISHMENT OF OVERLAY DISTRICTS.
City Council may, from time to time, create Overlay Districts as defined and containing the characteristics, as set forth in Section 1290.01. The procedure for creating Overlay Districts shall be the same as those for approving a map amendment as set out in Section 6.02 of the City Charter. (Ord. 115-2020. Passed 2-22-21.)
1290.05 GUIDELINES.
The Planning Commission shall prepare, pursuant to this Chapter, Overlay District Development Guidelines. The Overlay District Development Guidelines shall describe in words and/or illustrations the special and distinctive characteristics which are to be protected and the development features which will be reviewed for impact within an Overlay District. The Overlay District Development Guidelines shall be recommended to City Council, which after adoption, shall be considered a part of the Zoning Ordinance when the application is for a property within an Overlay District.
(Ord. 115-2020. Passed 2-22-21.)
1290.06 CLASSIFICATION.
(Ord. 115-2020. Passed 2-22-21.)
1290.07 JOINT DEVELOPMENT OVERLAY DISTRICT (JDOD).
(a) Findings and Purposes. A joint development overlay district (JDOD) is identified as one of the corridors listed in the City's Comprehensive Plan, or a similar area, that is experiencing an increased demand for commercial uses. It is important that the visual appearance and composition of these areas be maintained in order to put forth a positive image of Brunswick at these important locations in the City. It is in the interest of the City to protect and enhance the built features of such joint development corridors by:
(1) Preventing the deterioration of property and the extension of blighting conditions.
(2) Revitalizing and protecting private investment which improves and stimulates the economic vitality and social character of the area.
(3) Enhancing the aesthetic and architectural compatibility within neighborhoods and commercial areas.
(b) Characteristics. JDOD, as herein defined, shall be found to contain at least one of the following characteristics:
(1) Function as a destination area in the City of Brunswick;
(2) Possess mixture of residential and nonresidential uses;
(3) Exhibit a current trend or potential for the further conversion of residential uses to nonresidential uses; and
(4) Contain a mixture of residential and nonresidential zoning classifications within the corridor.
(Ord. 115-2020. Passed 2-22-21.)
1290.08 DEVELOPMENT APPROVALS REQUIRED.
(a) The guidelines and regulations of this Chapter shall only apply to the proposed addition or improvement unless the addition or improvement results in a square footage that is greater than fifty percent (50%) of the square footage of the existing structure or building. If the proposed addition or improvement exceeds fifty percent (50%) of the square footage of the existing building or structure, then the entire property shall be brought into compliance with these guidelines and regulations.
(b) No alteration or change shall be made to any property within an Overlay District, except as exempted by Section 1290.09 until approvals have been given by the Planning Commission. No Building or Zoning Permit shall be issued for any site improvement, construction, reconstruction, alteration or demolition of any structure now or hereafter in an Overlay District, unless approvals have been issued by the Planning Commission.
(c) Minor building improvements may be administratively reviewed and approved by the Community & Economic Development Director for compliance with the guidelines. Any improvement which is not in compliance with the guidelines or is determined by the Community & Economic Development Director to be beyond the scope of minor building improvements will be forwarded to the Planning Commission for review.
Minor building improvements shall include the following:
(1) Fences, arbors, and pergolas
(2) Siding, roofing, and window replacement
(3) Façade alterations which are minor in scale
(4) Signage
(Ord. 115-2020. Passed 2-22-21.)
1290.09 EXEMPTIONS.
The following are exempt from the provisions of this chapter:
(a) Any permit determined by the Community & Economic Development Director to be necessary for the immediate public health or safety.
(b) Any residential permits for rear decks, pools or accessory structures.
(c) Permits for interior alterations and repairs.
(d) Permits for construction of public utilities in the public right-of-way.
(Ord. 115-2020. Passed 2-22-21.)
1290.10 APPLICATION PROCEDURES.
Any application submitted for review as provided for by this Zoning Code shall be in accordance with the following procedures:
(a) Submission to the Planning Commission. Application for Planning Commission action shall be submitted to the Planning & Zoning Coordinator on a Site Plan Review Application. Each application shall be accompanied by the payment of the required fee as specified in Section 1216.01, which shall not be refundable.
(b) Data Required with Application. In order for an application to be reviewed and approved, the applicant shall submit drawings, photographs, specifications and material samples as outlined below. A minimum of twelve (12) sets of drawings and color renderings and one material sample shall be submitted. Any approvals for development within this district shall be required to submit a traffic impact study unless this requirement is specifically waived by the Community & Economic Development Director or City Engineer. These items shall accurately represent the proposed alterations or additions and new construction. The following are the submission requirements:
(1) Alterations to existing buildings.
A. Photographs of existing conditions.
B. Drawings indicating any changes to the physical appearance.
C. An outline describing work and the procedures to be performed.
D. Material samples and manufacturer's literature for major materials and products to be incorporated in the proposed design.
(2) New buildings.
A. Photographs of the proposed site and adjoining buildings.
B. Site plan and elevation drawings showing the design, indicating drives, roads, parking, walks, walls, fences, landscaping, doors, windows, decoration, materials, finishes and other features accurately representing the proposed design.
C. Material samples and manufacturer's literature for major materials and products to be incorporated in the proposed design.
(3) Additions to existing buildings.
A. Photographs of the existing building and adjoining buildings.
B. Site plan and elevation drawings showing the design, indicating drives, road, parking, walks, walls, fences, landscaping, doors, windows, decoration, materials, finishes and other features accurately representing the proposed design.
C. Material samples and manufacturer's literature for major materials and products to be incorporated in the proposed design.
(4) Demolition and moving.
A. Photographs of the existing building in detail and as it sits on the site.
B. A written request from the owner indicating reasons for the demolition or moving.
(c) Review and Action by the Planning Commission.
(1) The criteria contained in the Overlay District Development Guidelines shall be used by the Planning Commission to guide their decision. These criteria shall be in addition to the zoning regulations for the property, although if there is a conflict between the zoning regulations and the criteria of this Chapter, the criteria of this Chapter shall apply. The Overlay District Development Guidelines shall be considered a part of the Zoning Ordinance once it is approved as set forth in Section 1290.05.
(2) The Planning Commission shall determine whether the proposed change will be appropriate to the preservation of the environmental, architectural or historic character of the Overlay District pursuant to the criteria included in the Overlay District Development Guidelines.
(3) The Planning Commission shall review the application at one or more of its regular meetings, and within forty-five (45) days of such item's first appearance on the agenda, approve, approve with modification or disapprove the application. For demolition of a building, the Commission shall follow the guidelines as set forth in Section 1468 of the Codified Ordinances of the City of Brunswick.
(4) Approvals by the Planning Commission shall be valid for one year from the date of final action and shall be automatically revoked if construction has not begun within one year after the date of the Commission's approval.
(Ord. 115-2020. Passed 2-22-21.)
1290.11 MAINTENANCE.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any property within an Overlay District, nor shall anything in this Chapter be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any feature which in the view of the Chief Building Official and/or Community & Economic Development Director is required for the public safety because of an unsafe, insecure or dangerous condition.
(Ord. 115-2020. Passed 2-22-21.)