DeKalb County |
Code of Ordinances |
Chapter 27. ZONING |
Article 3. OVERLAY DISTRICT REGULATIONS |
Appendix 27-3.1 DIVISION 1. OVERLAY DISTRICTS |
§ 3.1.1. Overlay districts generally.
Overlay districts are supplemental to the zoning district classifications established in article 2 of this chapter. This section shall supersede the applicability statements in each overlay district, and are applicable as follows:
A.
All development and building permits for lots located, in whole or in part, within any overlay district shall meet all of the regulations of the underlying zoning district in which they are located as well as all of the regulations of the applicable overlay district.
B.
For new development after the effective date of this chapter, when no complete application for a land disturbance or building permit has been filed with respect to a property located within an overlay district and the property has conditions of zoning that were approved prior to, and in conflict with the overlay district regulations contained in this article, the overlay district regulations shall prevail. If a condition of zoning does not conflict with the overlay district regulations, the condition of zoning shall remain applicable to the property.
C.
For existing development, if overlay district regulations conflict with the conditions of zoning applicable to property within in an overlay district, the existing zoning conditions remain applicable to the property.
D.
If a use is permitted in the overlay district, but the underlying zoning requires a special land use permit for the same use, the overlay shall govern, and no special land use permit is required.
E.
If overlay district regulations conflict with other regulations contained in this chapter, the overlay district regulations shall prevail.
F.
The use of property may be permitted without rezoning if listed as allowed by the overlay. Uses allowed by the underlying zoning in article 4, may also be permitted in the overlay district, unless it is listed as prohibited or if the zoning district is not applicable in the overlay.
G.
Each application for a business license, land disturbance permit, building permit or sign permit, which involves the development, use, exterior alteration, exterior modification or addition of any structure, must demonstrate compliance with all overlay district regulations, subject to article 8, nonconforming uses, structures and buildings.
H.
The zoning district designations contained in article 3, titled Overlay District Regulations, were not revised to reflect the new zoning district designations utilized in the updated zoning ordinance effective June 1, 2015. The discontinued zoning district references contained in this article 3 shall therefore be construed using the conversion chart contained in Table 1.1 of article 1 of the zoning ordinance effective June 1, 2015, and applied as appropriate to the updated provision of the zoning ordinance.
( Ord. No. 15-06 , 8-25-2015)