Brunswick City Zoning Code
CHAPTER 1244
Administration, Enforcement and Penalty
1244.01 PURPOSE.
This Chapter establishes the powers and duties of the Building and Zoning Inspector and Planning Commission with respect to the administration and enforcement of the provisions of this Code.
1244.02 ENFORCEMENT BY THE BUILDING AND ZONING INSPECTOR.
The Chief Building and Zoning Inspector shall be designated by the City Manager. It shall be the duty of the Chief Building and Zoning Inspector to administer and enforce this Code in accordance with the provisions of this Chapter. All departments, officials, and public employees of the City vested with the duty and authority to issue permits or licenses, shall conform to the provisions of this Chapter.
1244.03 RESPONSIBILITIES OF THE BUILDING AND ZONING INSPECTOR.
The Building and Zoning Inspector shall have the following responsibilities and powers:
(a) Enforce the provisions of this Code and interpret the meaning and application of its provisions.
(b) Receive, review and make determinations on applications for zoning certificates and zoning compliance certificates.
(c) Issue zoning certificates and zoning compliance certificates as provided by this Code, and keep records of same with notations of special conditions involved.
(d) Review and process plans pursuant to the provisions of this Code.
(e) Make determinations of whether violations of this Code exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this Code.
(f) Conduct inspections of buildings, improved sites and uses of land to determine compliance or non-compliance with this Code.
(g) Maintain permanent and current records required by this Code, including but not limited to zoning certificates, inspection documents, and records of all variances, amendments and conditional uses. These records shall be available for use by City Council, Planning Commission, the Board of Zoning Appeals and the public.
(h) Revoke a certificate or approval issued contrary to this Code or based on a false statement or misrepresentation in the application.
1244.04 RESPONSIBILITIES OF THE PLANNING COMMISSION.
(a) The Brunswick City Planning Commission shall have the following responsibilities and powers as they relate to this Code:
(1) Initiate Official Zoning Map or Code text changes, through recommendations to City Council, where the proposed change will further the recommendations of the adopted Comprehensive Plan and promote the best interest of the City of Brunswick and the public in general.
(2) Review all proposed amendments to the Official Zoning Map and to this Code and make recommendations on the proposed amendments to City Council.
(3) Review all Special Planning District applications and make recommendations to City Council as provided in Chapter 1268 of this Code.
(4) Review and act on all conditional zoning certificate applications as listed in the respective zoning districts according to the provisions and criteria in Chapter 1274 of this Code.
(6) Conduct a continuous review of the effectiveness and appropriateness of this Code and recommend such changes or amendments as it finds would be appropriate.
(Ord. 53-97. Passed 6-11-97.)
(Ord. 53-97. Passed 6-11-97.)
(b) Variances.
(1) In the course of exercising its site plan review powers under Chapter 1278, the Planning Commission may, in specific cases, with the consent of City Council, and upon proper written applications, vary or permit exceptions to any of the provisions of Chapters 1250 (R-R Rural Residential District), 1252 (R-L Low Density Residential District), 1254 (R-M Medium Density Residential District), 1256 (C-N Neighborhood Commercial District), 1258 (C-H Highway Interchange Commercial District), 1260 (C-G General Commercial District), 1261 (GW-C Gateway Commercial District), 1262 (C-O Office Commercial District), 1264 (I-D Industrial Distribution District), 1266 (I-L Light Industrial District), if the Planning Commission expressly finds that both (1) such variance or exception will not violate the spirit of intent of the Chapter and (2) that a more harmonious and compatible development will result.
(Ord. 29-08. Passed 4-28-08.)
(Ord. 29-08. Passed 4-28-08.)
(2) Any applicant aggrieved by a Planning Commission decision concerning any variance application made pursuant to Section 1244.04(b)(1) shall have a right of appeal of that decision to the Board of Zoning Appeals, under Section 1246.07 of the City of Brunswick Codified Ordinances, as amended by Ordinance No. 147-06 adopted on January 23, 2006 and effective as of February 22, 2006.
(3) Therefore the same shall be in full force and effect from and after its passage by the required number of votes or from the earliest time allowed by law.
(Ord. 14-07. Passed 3-12- 07.)
(Ord. 14-07. Passed 3-12- 07.)
(c) Planning Commission shall also have the responsibilities set forth in the Charter of the City of Brunswick.
1244.05 APPLICATIONS FOR ZONING CERTIFICATES.
All applications for zoning certificates shall be submitted to the Building and Zoning Inspector, who may issue zoning certificates when all applicable provisions of this Zoning Code have been complied with. All applications for conditional zoning certificates shall be made to the Building and Zoning Inspector and submitted to the Planning Commission, which may issue conditional zoning certificates in accordance with the provisions of Chapter 1274.
1244.06 ZONING CERTIFICATES REQUIRED.
(a) Before constructing, changing the use of or altering any building or structure, including accessory buildings, or changing the use of any premises, application shall be made to the Building and Zoning Inspector for a zoning certificate. The application shall include the following information:
(1) A plot plan drawn to scale showing the exact dimensions of the lot to be built upon;
(2) The location, dimensions, height and bulk of structures to be erected;
(3) The intended use;
(4) The proposed number of sleeping rooms, dwelling units, occupants, employees and other uses;
(5) The yard, open area and parking space dimensions; and
(6) Any other pertinent data necessary to determine and provide for the enforcement of this Zoning Code.
(b) The Building and Zoning Inspector shall issue a zoning certificate, if the application complies with the requirements of this Zoning Code.
(Ord. 1-04. Passed 5-24-04.)
(c) The zoning certificate shall become void one year after the date of issuance, unless construction is started. If no construction is started or use changed within one year of the date of issuance of the certificate, application for a new certificate shall be made.
1244.07 ZONING COMPLIANCE CERTIFICATE.
(a) Certificate Required. It shall be unlawful for any owner, lessee or tenant to occupy any building, structure or land, or part thereof, hereafter erected, created, changed, converted or enlarged unless a zoning compliance certificate shall have been issued by the Building and Zoning Inspector after inspection. It shall further be unlawful for any owner, lessee or tenant to change the occupancy of any portion of a building or structure in a commercial or industrial zoning district unless a zoning compliance certificate shall have been issued by the Building and Zoning Inspector after inspection.
(b) Occupancy of Land. A zoning certificate of occupancy for the use of vacant land, or change in the use of land as herein provided, shall be applied for before any such land shall be occupied and used. A zoning certificate of occupancy shall be issued, provided such use is in conformance with the provisions of this Code, including site plans approved to the provisions of Chapter 1278.
(c) Occupancy of a Building. A zoning certificate of occupancy for a new building, the alteration or expansion of an existing building or a new occupancy of an existing building shall be applied for at the same time as the application for a building permit. A certificate of occupancy shall also be issued upon transfer of the property to a new owner. The certificate shall be issued after the new building, alteration or expansion is completed in conformity with the provisions of this Code and with site plans approved by the Planning Commission. (Ord. 42-2022. Passed 7-11-22.)
(d) Temporary Certificate. Pending the issuance of a regular certificate as provided above, a temporary zoning certificate of occupancy may be issued for a period not to exceed six months during the completion of the alteration, or partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in anyway altering the respective rights, duties or obligations of the owners or the City to the use or occupancy of the premises or any other matter covered by this Code. Such temporary zoning occupancy shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants and the eventual completion of all required improvements. Financial guarantees as required by Chapter 1278 shall not be released until the final certificate of zoning occupancy is issued.
1244.08 VIOLATIONS DECLARED A NUISANCE.
Any building erected, altered, moved, razed or converted or any use of land or premises carried on in violation of any provision of this Zoning Code is hereby declared to be a nuisance. Any building or land use activities which may be considered possible violations of the provisions of this Zoning Code and which are observed by any City official or resident shall be reported to the Building and Zoning Inspector.
1244.09 INSPECTIONS; ORDERS TO CORRECT.
The Building and Zoning Inspector shall inspect each alleged violation and shall, in writing, except for a repeat violation, as set forth in Section 1244.10, order the correction of all conditions which are found to be in violation of the provisions of this Zoning Code.
1244.10 CORRECTION PERIOD.
(a) 10-Day Correction. All violations, except repeat violations as set forth in subsection (b) hereof and violations as specified in subsection (d) below, shall be corrected within a period of ten days after the written correction order is issued, or within a longer period of time if an extension is indicated by the Building and Zoning Inspector. Any violation not corrected within the specified period of time, ten days after a written order is issued or within such period extended by the Building and Zoning Inspector, or a repeat violation, shall subject the responsible party to legal action initiated by a citation by the Building and Zoning Inspector.
(b) Repeat Violation. A repeat violation is any violation corrected after an order to correct has been issued, which violation occurs again within one year from the date of the issuance of such correction order.
(c) Department of Law. Where deemed necessary, a violation shall be reported to the Department of Law, which shall initiate and/or approve prosecution procedures.
(d) 24-Hour Correction. Violations of certain provisions of this Zoning Code, as specified in this Code, shall be corrected 24 hours after a written correction notice is received, either by personal service or certified mail. Correction of any violation of this Zoning Code which the Building and Zoning Inspector determines is immediately necessary to achieve the purposes of this Code as established in Section 1240.02 shall also be corrected 24 hours after a written correction notice is received. Any violation not corrected within 24 hours or within such period extended by the Building and Zoning Inspector, shall subject the responsible party to a citation by the Building and Zoning Inspector.
1244.99 PENALTY.
(a) Prohibitions.
(1) No person shall fail or refuse to comply with an order issued by the Building and Zoning Inspector. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(2) No person shall construct, modify, alter, use or occupy any structure or property in violation of the Brunswick Zoning Code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(b) Penalties. Whosoever violates this code is guilty of a minor misdemeanor for each offense. If within one year of the date of the offense the offender has been convicted of or pleads guilty to another violation of this Code, the offender is guilty of a misdemeanor of the third degree.
(c) Civil Remedies. The City of Brunswick, the City Manager on behalf of the City, or any officer designated by the City Manager on behalf of the City of Brunswick may, in addition to the criminal remedies provided in this Zoning Code, file suit for injunction against any violation of this Zoning Code, or if the violation has caused damages to the City of Brunswick, for a judgement for damages. Any person, property owner or occupant of property who can show that the person, property owner or occupant has suffered harm or whose property has suffered harm as a result of violations of this Zoning Code may file suit for injunction or damages to the fullest extent provided by law.