Brookhaven GA Zoning Code Rewrite Outline Report November 2015

Concepts and Direction ReportNovember 2015

iii

ContentsIntroduction 1

What We’ve Heard...So far 3

Organization and Format 3Clarity and Predictability 3Comprehensive Plan Linkage 3Zoning Districts 3Administration and Procedures 3Nonconformities 4Peachtree Road (The Overlay) 4Parking 5Character & Appearance 5Impervious Cover & Stormwater 5Environment 6Perimeter Center 6Transportation and Traffic 6Miscellaneous 6

Recommended Approach 7

1. Organization and Format 72. Use Classifications 103. Off-street Parking 104. Mixed-Use and Commercial 115. Housing Options 116. Form and Character 127. Nonconformities 128. Procedures 139. Measurements & Exceptions 1310. Customization Tools 14

Appendix A.3. Map Enlargem

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IntroductionThe City of Brookhaven has begun a project that will lead to a complete rewrite of the existing zon-ing ordinance. The project is being undertaken for two key reasons:

1. The city’s existing regulations are based on or-dinances that were in effect in the county longbefore the city was incorporated. City leadershave signaled that it is time for Brookhaven tochart its own course with respect to the rulesthat govern land use and development. Theseregulations must respect private propertyrights, protect the established character of thecity’s many stable neighborhoods and accom-modate high-quality development in areasslated for growth and change.

2. Since formation of the city in late 2012, severalplanning initiatives have been completed, in-cluding adoption of a new comprehensive plan.The key goals and policies established fromthese efforts can and should be implemented inthe city’s new zoning ordinance.

The city has engaged a consultant team to lead the ordinance update effort. Since beginning their work, the team has been examining the city’s ex-isting zoning ordinance as well as planning docu-ments that provide an important policy framework for new Brookhaven-style regulations. In October 2015, the consultant conducted small group lis-tening sessions with community residents and elected and appointed officials. A project advisory group has also been established to help review and comment on initial draft ordinance provisions. An initial meeting of this group was held in mid-Octo-ber.

A website has been established for the rewrite proj-ect. This site will serve as a central clearinghouse for information, including reports, documents and notices of upcoming public meetings: www.brookhavenzoning.com.

This report presents the consultant’s preliminary proposed outline for the new ordinance, as well as preliminary recommendations for substantive changes.

“Brookhaven will be a national model for a walkable, urban community that preserves its unique character and history of neighborhoods, parks, and natural assets while welcoming higher density activity nodes that support transit use, biking, community hubs, sense of place, and diversity of residents and businesses.”

-Brookhaven Comprehensive Plan Vision Statement

http://www.brookhavenzoning.com

http://www.brookhavenzoning.com

Brookhaven Zoning Ordinance Update | Concepts and Direction Report

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3. Community Goals 33

LAND USE + TRANSPORTATION COORDINATIONAchieve greater walkability, bikeability, and overall mobility for day-to-day activities through transportation and land use coordination.

DIVERSITYPreserve the economic and cultural diversity of the Brookhaven community.

UNIQUE BROOKHAVENEstablish an identity and brand for the City of Brookhaven.

TRANSIT ORIENTED DESIGNPursue Transit Oriented Development (TOD) as a key strategy to shaping the city’s future.

A CITY OF PARKSEnhance the City’s parks and recreation system.

SUSTAINABILITYDevelop reputation as a forward thinking and sustainable city.

ECONOMIC PROSPERITYEnsure a balanced economic environment.

NEIGHBORHOODSPreserve the city’s unique neighborhoods and communities.

BUFORD HIGHWAY GATEWAYPromote Buford Highway to enhance this strategic location in the city.

3.3. COMMUNITY GOALS As a part of the overall community goals, the City identified specific goals it seeks to achieve in the future. The following are strategic goals identified for Brookhaven’s future based on stakeholder and public input. At a later time, the City may desire to assign a point system to each of these goals to help prioritize action items for City pursuit in the future. In Chapter 4, the each of the needs and opportunities are linked back to these goals. See Chapter 4 for additional description of this linkage.Brookhaven Comprehensive Plan Goals


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The comments summa-rized in this section reflect the views of a diverse group of individuals. They are intended to provide a representative sampling of comments offered in early project meetings. They do not necessarily reflect the official position of the city or the viewpoint of the con-sultant team.

What We’ve Heard...So far A wide variety of views and opinions were ex-pressed during the early project listening sessions and the introductory meeting of the project ad-visory group. This section summarizes the views expressed at those meetings. It is important to remember, that these views do not necessarily rep-resent the views of the city or the consultant. They are offered to provide context and a sense of the varying community sentiment regarding the types of issues that may be addressed in Brookhaven’s zoning ordinance rewrite.

Organization and FormatSeveral people lamented the current document’s organization and format, offering the following suggestions for improvement:

• A major clean-up;

• More illustrations and graphics;

• A greatly simplified document:

• Consistent formatting and terminology;

• New, more intuitive zoning district names;

• Modernized use regulations.

Clarity and PredictabilityMeeting participants offered several examples of zoning-related issue that are not clearly addressed in the current ordinance, such as:

• How to calculate lot coverage on a lot abutting a private street (when property boundaries extend to street centerline);

• The difference between a porch, a deck and a patio and which are allowed to encroach into required setbacks;

• What definitions governs when there is not a definition in the ordinance;

• How height is measured;

Comprehensive Plan LinkageAt least one person suggested that the new ordi-nance needs to be tied more closely to the new comprehensive plan.

Zoning DistrictsSeveral participants offered comments about zoning districts, such as:

• The need for a (fee-simple) townhouse district, a parks and recreation district and a public and institutional district;

• The possibility of consolidating existing PC districts into a single mixed-use district, which retains current amenity requirements; and

• The need for reducing the minimum acreage requirements for certain zoning districts such as OCR and PC.

Administration and ProceduresSeveral people mentioned “concurrent variances,” the practice of allowing city council to hear and decide variance requests at the same time as they are making decisions on rezonings and special land use permits. Some view concurrent vari-ances as a very logical and efficient way to review development proposals. Others feel that the practice vests too much control in the hands of a single entity and removes an import-ant “layer of protection.”

At least one person raised the issue of applicants being responsible for providing required notices of meetings, suggesting that the practice was not always effective in reaching parties affected by a zoning proposal.


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Another person mentioned that infrastructure and service providers “need to be at the table” when considering development proposals, thereby help-ing to ensure early consideration of infrastructure adequacy to handle such development.

Some listening session participants mentioned the importance of review and decision-making bodies adhering to the zoning ordinance’s approval cri-teria. Others raised the issue of how many minor property improvements seem to require variances, suggesting that all of the ordinance’s hardship crite-ria should perhaps not apply to minor matters, such as the “in-kind” replacement of a rear yard deck that already exceeds lot coverage requirements.

At least two people asked whether Brookhaven’s development process would benefit from estab-lishment of a community council or neighborhood planning unit (NPU) approach to community participation, as employed by Atlanta and other local governments in the area. Others opined that existing (pre-hearing) neighbor communication requirements are serving much the same purpose.

NonconformitiesMany people mentioned the fact that some older areas of the city—particularly R-75 zoned areas—have lot sizes that are at odds with zoning district lot area and width requirements. This mismatch results in lots being deemed nonconforming and owners needing to obtain variances to build or make improvements. Some suggested addressing this situation by amending zoning district regula-tions to better fit existing lot and building patterns or by rezoning such areas to another conforming zoning classification.

Someone also posed the scenario of a property owner with an existing nonconformity who wish-es to make an improvement that would make the property more conforming, though not entirely conforming. The question raised by this individu-als,was different decision-making criteria should apply in such cases (rather than strict adherence to all of the hardship criteria).

At least one person stressed the importance of re-

taining the nonconforming lot “merger” provisions of Section 27-938.

Peachtree Road (The Overlay)Several respondents mentioned the need for bet-ter building height transition rules when higher intensity development borders on low-intensity neighborhoods. Others mentioned that building height is not the only important “transition” issue. The general sentiment seemed to be that the overlay works fairly well for properties with frontage (access) on Peachtree Road, but is less effective when it extends into or near interior neighborhood areas.

Other overlay-related comments focused on such issues as:

• The thresholds for compliance (i.e., whetherinterior renovations and minor building addi-tions and improvements should trigger require-ments for compliance with all of the overlaydistrict regulations);

• How to regulate density within the boundariesof the overlay (i.e., whether density should becontrolled by underlying zoning or by over-lay-specific rules);

• How to promote a more “cohesive” approachto mixed-use, rather than the parcel-by-parcelapproach that results from existing regulations;and

• The need for clarified intent statements andbetter-defined streetscape standards

Buford HighwaySome participants who talked about the Buford Highway area mentioned the corridor’s economic potential. Others, citing the trail plans for North


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Fork Peachtree Creek and the possibility of creating more connectivity into the area, believe that Buford Highway has enormous “place-making” potential. The vision expressed is for a mixed-use corridor with uniform streetscape elements and private development that helps activate the linear park envisioned for the stream corridor.

Several participants mentioned importance of implementing the Buford Highway Improvement Plan and Economic Development Strategy. They also stressed the desire to retain the area’s ethnic, racial and income diversity, while recognizing that afford-ability will be a challenge moving forward.

One person noted that it will be important to work with the state to devise and get approval of any streetscape regulations

ParkingParking issues seemed to focus primarily on the minimum parking ratios of the Peachtree Road overlay. The sentiment expressed by some was that the minimum off-street parking requirements in the overlay are too low and have resulted in spill-over parking into stable neighborhood areas. One person noted that the “problem” may be the result of allowing single-use developments to use the overlay’s shared, mixed-use parking standards.

Character & AppearanceA few comments and suggestions focused on com-munity character and appearance. Sample com-ments follow:

• The city needs better design regulations, but be careful not to apply a one-size-fits-all approach (what’s good for Peachtree Road may not be appropriate for Buford Highway);

• Sign regulations need to be updated to ensure better appearance (Note: Most of the city’s sign regulations are not part of the zoning ordinance, and thus will not be a focus of the zoning update project);

• Preserving granite curbing is important to preserving neighborhood character (Note: this

issue is technically not a zoning issue and is therefore beyond the scope of this project); and

• It is important to retain the existing desired “suburban” character of many residential neigh-borhoods.

Many people commented on the “setback averag-ing” regulations of the zoning ordinance. Most were in favor of attempting to craft new rules for corner lots, allowing reduced building setback on side streets. Others suggested attempting to refine clarify the method for establishing what constitutes the “average” or mean setback in a given context. Still others suggested that mandatory setback averaging requirements pose too many hardships and should be eliminated or drastically overhauled.

One meeting participant commented that wide sidewalks can be disruptive of neighborhood char-acter, although it should be noted that minimum sidewalk widths are partially a function of federal accessibility requirements, which cannot be modi-fied through zoning

Impervious Cover & StormwaterDiscussions regarding impervious cover and storm-water runoff focused mostly on residential develop-ment.

Currently, most infill single-family residential de-velopment is exempt from stormwater management requirements. Some suggested lowering the storm-water exemption threshold below its current 5,000 square feet (of impervious coverage).

Others focused their comments on the need for clearer rules regarding what constitutes “imper-vious” vs. “pervious” surface. Some participants pointed out that flooding regulations, stormwa-ter regulations and zoning regulations tend to be geared towards different objectives, sometimes hav-ing to do with hydrology and sometimes aesthetics. In their opinion, what counts as “lot coverage” for purposes of zoning should not always be the same as impervious coverage requirements in stream buffer, floodplain and stormwater regulations.

Staff suggested that requiring a permit for


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non-structural impervious additions would help in administration and enforcement of coverage regulations.

At least one person mentioned the challenges sometimes posed by the zoning ordinance’s front yard paving limitation (and the requirement that unpaved areas between “ribbon paver strips” are considered paved).

EnvironmentSeveral people expressed a desire for clearer, sim-pler tree canopy protection requirements.

One person expressed the view that property own-ers should be allowed to at least request relief from stream buffer regulations.

Perimeter CenterPCID representatives expressed their desire to maintain Perimeter Center’s unique identity and brand and for a seamless transition between the Brookhaven and Dunwoody portions.

Transportation and TrafficConcerns about traffic were raised in nearly every discussion, with almost everyone agreeing that perceived traffic impacts are the source of much opposition to new development proposals.

Non-motorized options (bicycle, pedestrian and transit) are not viewed as a panacea, but many ex-pressed the view that they should be addressed.

MiscellaneousThe following paraphrased comments were also of-fered by listening session and meeting participants;

• Need more effective controls on accessory buildings and structures in residential districts;

• Accessory buildings—regs are too vague—need clearer/more reasonable regulations-height, setbacks, coverage, size; need to consider more than immediate neighbors because the area affected is broader;

• Consider allowing walls, monuments, and fenc-

es to be more than 4 feet tall;

• Retaining wall regulations are too restrictive;

• Consider allowing increased retaining wall height if it’s set back from abutting residential;

• Consider codifying policy distinction between wing walls and retaining walls;

• Zoning options should be provided to accom-modate “aging in place;”

• The ordinance’s minimum dwelling size requirements and outdated, exclusionary and ineffective;

• Transitional buffer requirements reflect outdated Euclidean (separation) zoning thinking;

• RM districts allow too many build-ing types; or don’t provided enough guidance; residential building type regs are confusing and overlapping;

• Take-out alcohol sales needs spacing from similar uses;

• The ordinance should allow accessory dwelling units (ADUs);

• Regulations for low-impact home occupations should be relaxed; and

• Side setback variance should be based on lot width


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Recommended ApproachThe section of the report sets forth a series of con-ceptual recommendations for Brookhaven’s new zoning ordinance. It is based on issues raised by staff, residents and city officials during early project meetings and the consultant’s review of the current zoning ordinance. It does not attempt to identify every needed change. Instead, it sets the tone for an overall approach to the ordinance rewrite—a kind of big picture road map for rewriting the ordinance. As the project proceeds, many additional techni-cal revisions and edits will also be proposed in an effort to produce a more comprehensible and user friendly document. Additional substantive changes will likely be identified and worked out during the ordinance drafting process.

1. Organization and FormatOne of the central goals for the rewrite project is to ensure that Brookhaven’s new zoning ordinance is easier to use than its present-day counterpart. Substantive regulations should be clear, compre-hensive and internally consistent. Administrative

and procedural provisions should be streamlined, consistent and easy to understand.

Given the important role that zoning plays, the new ordinance should be logically organized, well-for-matted and easy to use. The document should be laid out in a way that people can find the informa-tion they need and written so that information can be understood once it is found

Like many ordinances, the way in which informa-tion is organized and presented in the city’s existing zoning ordinance could be greatly improved. This section describes several ways in which the new ordinance will be made easier to navigate, use and understand.

1.1. General OutlineThe zoning ordinance is currently codified as Chap-ter 27 of the city code of ordinances. It is organized into a series of six articles, each of which contains a broad range of information:

LegendExpressway

Railroads

PDK Runway

Land Lot

MM

R-100R-100

R-100R-100

O-IO-I

MM

MM

O-IO-I

MM

O-IO-I

O-IO-I

R-100R-100

RM-75RM-75

R-75R-75

MM

R-100R-100

OCROCR

MM

R-100R-100

R-100R-100

MM

PC-2PC-2

R-75R-75

R-A5R-A5

R-75R-75

R-75R-75

R-75R-75

RM-100RM-100

O-IO-I

R-100R-100

RM-75RM-75

R-85R-85

R-75R-75

O-IO-I

R-75R-75

R-CHR-CH

O-IO-I

R-100R-100

R-A8R-A8

R-75R-75

R-100R-100

R-A5R-A5

R-85R-85

R-85R-85R-A5R-A5

RM-75RM-75

RM-75RM-75

O-IO-I

RM-85RM-85

C-1C-1

R-100R-100

R-75R-75

NSNS

TNDTND

O-IO-I

R-100R-100

O-IO-I

RM-75RM-75

R-100R-100

O-IO-I

RM-75RM-75

R-A5R-A5

O-IO-I

R-50R-50

R-75R-75

R-A8R-A8

RM-100RM-100

R-100R-100

R-85R-85

R-75R-75

R-A5R-A5

R-50R-50

R-75R-75

RM-75RM-75

R-50R-50

R-100R-100

C-1C-1

R-100R-100

R-A5R-A5

R-75R-75

R-75R-75

R-A8R-A8

O-IO-I

R-85R-85

RM-85RM-85

R-A5R-A5

C-1C-1

R-100R-100

C-1C-1

R-A5R-A5

R-100R-100

R-100R-100

R-A8R-A8

R-75R-75

R-85R-85

O-IO-I

MM

R-100R-100

R-75R-75

R-50R-50

RM-HDRM-HD

R-75R-75

O-IO-I

R-75R-75

RM-85RM-85

R-50R-50

R-100R-100

C-1C-1

RM-100RM-100

R-100R-100

R-75R-75

RM-HDRM-HD

RM-85RM-85

R-A8R-A8

R-A8R-A8

C-1C-1

R-75R-75

R-75R-75

R-75R-75

R-75R-75

R-100R-100

R-100R-100

R-A5R-A5

R-A5R-A5

C-2C-2

R-100R-100

R-100R-100

RM-75RM-75

R-85R-85

R-75R-75

RM-85RM-85

RM-75RM-75

R-A8R-A8

R-100R-100

R-A5R-A5

RM-85RM-85

C-1C-1

R-A5R-A5

O-IO-I

R-85R-85

R-75R-75

R-75R-75

R-100R-100

NSNS

R-50R-50

C-1C-1

R-75R-75

R-75R-75

C-2C-2

R-A5R-A5

R-75R-75

R-A8R-A8

R-75R-75

C-1C-1

R-100R-100

RM-HDRM-HD

R-A5R-A5

C-1C-1

C-1C-1

O-IO-I

C-1C-1

OCROCR

R-75R-75

C-1C-1

R-75R-75

RM-75RM-75

RM-HDRM-HD

R-A5R-A5

C-1C-1

R-A5R-A5

C-1C-1

R-75R-75

RM-100RM-100

R-60R-60

RM-75RM-75

R-85R-85

RM-150RM-150

RM-100RM-100

RM-75RM-75

C-1C-1

O-IO-I

R-85R-85

R-85R-85

R-75R-75

C-1C-1

RM-100RM-100

RM-85RM-85

R-75R-75

R-A5R-A5

NSNS

R-A8R-A8

R-85R-85

R-75R-75

R-85R-85

C-2C-2

RM-75RM-75

C-1C-1

R-100R-100

MM

R-100R-100

RM-75RM-75

R-A8R-A8

RM-75RM-75

C-1C-1

RM-75RM-75

R-50R-50

RM-85RM-85

R-75R-75

O-IO-I

C-2C-2

R-75R-75

RM-85RM-85

RM-85RM-85

R-A8R-A8

R-75R-75

C-1C-1

C-1C-1

R-100R-100

C-2C-2

RM-100RM-100

C-2C-2

C-1C-1

C-1C-1

O-IO-I

R-A5R-A5

NSNS

RM-75RM-75

RM-75RM-75

R-100R-100

C-1C-1

O-IO-I

R-85R-85

R-100R-100

R-75R-75 R-85R-85

O-IO-I

O-IO-I

O-IO-I

R-50R-50

R-75R-75

R-50R-50

R-A8R-A8

RM-75RM-75

R-50R-50

R-A5R-A5

O-IO-I

RM-75RM-75

R-75R-75

O-DO-D

PC-2PC-2

R-75R-75

R-A8R-A8

NSNS

R-A8R-A8

RM-75RM-75

C-1C-1

R-60R-60

RM-75RM-75

RM-75RM-75

C-2C-2

R-100R-100

C-1C-1

RM-100RM-100

R-50R-50

R-50R-50

R-A8R-A8 NSNS

C-1C-1

MM

R-60R-60

R-85R-85

R-A8R-A8

R-50R-50

RM-75RM-75

R-60R-60

RM-100RM-100

R-50R-50

O-DO-D

C-1C-1

R-50R-50

O-IO-I

O-IO-I

RM-75RM-75

C-1C-1

RM-100RM-100

R-A8R-A8

R-50R-50

C-1C-1

RM-75RM-75

R-60R-60

O-IO-I

O-IO-I

RM-75RM-75

R-50R-50R-50R-50

RM-75RM-75

O-DO-DR-75R-75

RM-75RM-75

R-50R-50

R-A8R-A8

R-50R-50

R-60R-60

O-IO-I

R-A8R-A8

C-1C-1

R-DTR-DT

R-50R-50

R-85R-85

RM-75RM-75

R-DTR-DT

R-50R-50 R-50R-50

R-DTR-DT

R-100R-100

R-60R-60

R-A5R-A5

O-IO-I

R-60R-60

R-60R-60

R-A8R-A8

R-50R-50

R-A5R-A5

R-DTR-DT

R-60R-60

R-DTR-DT

R-50R-50

RM-HDRM-HD

R-100R-100

R-100R-100

RM-75RM-75

RM-100RM-100

R-100R-100

RM-75RM-75

C-1C-1

R-A5R-A5

RM-150RM-150

C-1C-1

C-1C-1OCROCR

OCROCR

OCROCR

OCROCR

O-IO-IO-IO-I

O-IO-I

C-2C-2

MM

MM

MM

MM

MM

O-IO-I

R-A8R-A8

DeKalbPeachtree

Airport

C-2C-2

307307 308308

324324325325

326326

327327328328

329329 330330 331331 332332 333333

344344345345346346347347348348

201201202202

203203 204204

235235236236237237

238238239239

240240241241 242242

243243 244244

270270271271273273274274

275275 276276 277277 278278279279

299299300300301301

302302303303

304304 305305 306306

272272

150150151151152152153153154154

155155

156156157157

158158 159159

195195196196197197198198

199199

200200

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Wright Ave

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ParksideP

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AshfordD

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Drivew

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Dresden Dr

Johnson Ferry Rd

Lanier Ct

Childers Rd

Appl

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Rd

Perimeter Summit Blvd

Northeast Expy

Peac

htre

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LenoxPark

Blvd

Cur

tis D

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Ashford Rd

Fuller Rd

Bufo

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Dar

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Dor

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Redding R

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Mendenhall Dr

Ashford Creek Dr

Lake Hearn Dr

Standard Dr

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Johnson Ferry Rd

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Trailview Way

Trentwood Pl

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Caldwell Rd

8th St

Knoll P

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Etowah Dr

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Victor Rd

Wescott Ln

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Caldwell Rd

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Byrnwyck Pl

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Wood sdale

Rd

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Hedge Rose Ct

Ellijay

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Skyland Rd

Canoochee Dr

Briarcliff Rd

Tennyson Pl

Haven Brook Ct

Dur

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Brookhaven Row

Canmont Dr

Ramp

Lenox Park Blvd

Pamela Dr

Brookhaven Ln

Cortez Ln

Nottingh amLn

Fernwood Cir

Navajo Pl

Driveway

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Hampton Hall Dr

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Tanb

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Clearview Dr

Ivey Gate

Hillstone Ct

Cartecay Dr

Bonnington Ct

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gle

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ton

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W

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Town Blvd

Town Blvd

Dunex Hill Ln

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Brookhaven Hills

DYou

ville

Ct

Ashwoody Ct

Fala

Pl

Lenox Crst

Rob

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Way

Sunland Dr

Mendell Cir

De vine Cir

8th St

Goodwin Rd

Raven Hill Dr

Chaucer Ln

Gab les Dr

Ashf

ord

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Dresden Dr

Conve rse

Dr

Arch

way

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9th St

Ramp

Brenton Dr

Nan

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reek

Way

Brookh

aven Way

Redding Rd

Lindenwood Ln

Brawley Cir

Egan Ln

Warrenhall Ln

Cheshire Way

Lenox View

Hallcrest Dr

Battle for dC

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Pine Ridge Rd

CandlerLake

West

Old Johnson Ferry Rd

Kendrick Rd

Dun

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Fielding Park Ct

Summit B

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Briarwood Ct

Clairmont Ter

Alexandria Ct

Hillv

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Tullie Rd

WDruid

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Epping Forest Dr

Oglethorpe Ave

Wilford Dr

E Osborne Rd

Winding Ln

E Osborne Rd

Reserve Dr

Rennes Ct

Colt Dr

Byrnwyck

Trl

National Data Plz

Cynthia Dr

Wimberly Rd

Skyland Ter

Driveway

Corporate Blvd

Woo

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amCi

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Brookh av enG

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Noble Woods Dr

Rivers Edge Dr

Ferdinand Ave

Barkston Ct

Ewin

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Clairmont Cir

Skyl

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Finis te

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Granger Ct

Club Pl

Mill Overlook

ValvedereD

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Madison Ave

LoganC

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Mabry Oaks Dr

Tugaloo Dr

Broo

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Cam

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Oxford

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Brooklawn

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Foresta Ct

Grov

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Templewood Dr

Francis St

Wyndale Ct

Iroquois Path

WNancyC

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TheAscent

Club Trce

Shad

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Bailiff Ct

Haven Glen Ln

Farmington Ln

WN

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Briarw ood

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stria

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Milowyn Pl

Hermance Dr

Saint Clair Ct

Tryo

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Burton Plaza Ln

Cotswold Dr

Loraine St

Wawona Ter

Club

Walk

Dr

Mendell Cir

Oakland Trce

Devine Cir

Durden Rd

Victoria St

Grant Dr

Dunbarton Trce

Peachtree Rd

Dog

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Young Rd

Tallu

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Runnymeade Rd

Chambord Way

Gail Dr

Dunwoo

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Clairmeade Ridge Dr

Georgian Ter

Aragon Way

Glenncrest Ct

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Wilmont Dr

W Hardee Ave

Peachtree Vw

Haven Brook Way

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Richwood Dr

Car

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Ash

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Bramblewood Dr

Lynmoor Dr

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Brookhaven Dr

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Mill Creek R

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Mill Creek Rd

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Hearst Dr

Lanier Dr

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Executive Park Dr

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Cam

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Sylvan Cir

Sylvan Cir

Mitch

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Breton Cir

Wrights Mill Cir

Cham

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Rd

Thompson

Rd

Ramp

Dunwoody Ln

Blair Cir

Blai

r Cir

Wayland

Cir

Pe l lyCir

Brawley Cir

Brawley Cir

Woods Dr

Woods Dr

Rennes

Dr

Ragley Hall Rd

Ragley Hall Rd

Cross Keys Ave

Fearn Cir

Fearn Cir

Mae Ave

Brenton

Way

Fairway Cir

Fairw

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Nes

bitt

Dr

Silver Lake Dr

Popl

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Byrnwyck Rd

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Shady Va lley

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Buc

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Ln

Len

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Gra

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Dr

Burch Cir

Waw

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Navajo Trl

Navajo Trl

Tel fair Way

Parkcrest Dr

Parkcrest Dr

Antio

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Antioch Dr

Bubbling Creek Rd

Cravenridge D

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Shawnee Ln

Coosaw

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Driveway

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Brawley Dr

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Chelsea Cres

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Barone Ave

Skyland Trl

SkylandTrl

Fox Glen C

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Winchester Trl

Driveway

Wat

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Pl

Harts MillLn

Executive Park West Dr

Ogle thorpe Way

SBam

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Sur

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Bro okha

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Broo

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CobblestoneC

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Co

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GlenW

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Manville Dr

Updated by theCity of Brookhaven IT/GIS Department

August 25, 2015

Official Zoning Map

This map has been compiled from the most accurate source data fromCity of Brookhaven and/or other agencies. However, this map is for

informational purposes only and is not to be interpreted as a legal document.The City assumes no legal responsibility for the information shown on this map.

For inquiries please contact the City of Brookhaven.Copyright © 2013, By the City of Brookhaven, GA 30319-3023. All rights reserved.

Maps may be reproduced or transmitted for personal and informationalpurposes only, but not for commercial use. No part of this work may be

reproduced or transmitted for commercial purposes, in any form or by anymeans, electronic or mechanical, including photocopying and recording, or by

any information storage or retrieval system, except as expressly permittedin writing by the City of Brookhaven. Requests should be made to the

City's IT/GIS Department at (404) 637-0500

4

0 0.5 10.25

Miles

Zoning DistrictsR-100 (Single-Family Residential)

R-85 (Single-Family Residential)




R-A5 (Single-Family Residential)

R-A8 (Single-Family Residential)

R-CH (Single-Family ClusterResidential) Repealed

R-DT (Two- and Three-FamilyResidential)

PC-2 (Pedestrian Community)

TND (Traditional NeighborhoodDevelopment) Repealed

RM-150 (Multifamily Residential)




RM-HD (Multifamily Residential)

O-I (Office-Institution)

O-D (Office-Distribution)

OCR (Office-Commercial-Residential)

NS (Neighborhood Shopping)

C-1 (Local Commercial)

C-2 (General Commercial)

M (Industrial)

The following are Zoning Districts withinthe City of Brookhaven (Currently no properties contain these Zoning Districts:) R-200 (Single-Family Residential) R-30,000 (Single-Family Residential) R-20,000 (Single-Family Residential) MHP (Mobile Home Park) NCD (Neighborhood Conservation) R-NCD (Neighborhood Conservation) O-I-T (Office-Institution-Transitional) M-2 (Industrial) PC-1 and PC-3 (Pedestrian Community)

Overlay DistrictsBrookhaven-Peachtree Sub-Area I

Brookhaven-Peachtree Sub-Area II

Airport Compatible Use Overlay District

324

H:\GIS\CommDev\Basemaps\COB_Zoning.mxd

*All Land Lots are located in District 18

*Environmentally Sensitive Land Overlay(No overlay adopted as of 17 December 2012)

Incorporated 17 December 2012

§̈¦20

§̈¦20

§̈¦85

§̈¦85

§̈¦85

§̈¦75

§̈¦75

§̈¦75

§̈¦285

§̈¦285

UV400

N e w t o nN e w t o nC o u n t yC o u n t y

W a l t o nW a l t o nC o u n t yC o u n t y

C l a y t o nC l a y t o nC o u n t yC o u n t y

C o b bC o b bC o u n t yC o u n t y

C o w e t aC o w e t aC o u n t yC o u n t y

D e K a l bD e K a l bC o u n t yC o u n t y

D o u g l a sD o u g l a sC o u n t yC o u n t y

F a y e t t eF a y e t t eC o u n t yC o u n t y

F u l t o nF u l t o nC o u n t yC o u n t y

G w i n n e t tG w i n n e t tC o u n t yC o u n t y

H e n r yH e n r yC o u n t yC o u n t y

P a u l d i n gP a u l d i n gC o u n t yC o u n t y

R o c k d a l eR o c k d a l eC o u n t yC o u n t y

Duluth

Suwanee

UnionCity

Porterdale

Covington

Kennesaw

Fayetteville

Conyers

Jonesboro

BerkeleyLake

Stockbridge

Tyrone

MorrowRiverdale

Douglasville

McDonough

LakeCity

ForestPark

Hapeville

SandySprings

Alpharetta

Atlanta

Palmetto

JohnsCreek

ChattahoocheeHills

CollegePark

EastPoint

Roswell

Chamblee

Austell

Marietta

Hiram

Clarkston

PineLake

AvondaleEstates

Lithonia

StoneMountain

Smyrna

Doraville

Dunwoody

Fairburn

Dallas

Decatur

Lilburn

Snellville

Grayson

Lawrenceville

DaculaPeachtreeCorners

Loganville

Acworth

Lovejoy

PowderSprings

Norcross

Brookhaven

Adopted: January 10, 2013Readopted: August 12, 2014

Revised August 25, 2015 to reflect the most recent zoning actions.


8

Article I: GeneralArticle II: District RegulationsArticle III: Overlay District RegulationsArticle IV: Supplemental RegulationsArticle V: AdministrationArticle VI: Enforcement and Penalties

A preliminary proposed outline for the new ordi-nance follows. This proposed outline breaks out and “elevates” important zoning provisions that are sometimes “buried” within the document’s current organizational scheme. This approach should make it easier to zero-in on provisions of importance to individual ordinance users.

Article 1: Introductory ProvisionsArticle 2: Residential DistrictsArticle 3: Commercial & Mixed-Use DistrictsArticle 4: Overlay & Special Purpose DistrictsArticle 5: Buildings & UsesArticle 6: Parking and Access

Article 7: Landscaping and Screening Article 8: Review & Approval ProceduresArticle 9: AdministrationArticle 10: NonconformitiesArticle 11: Violations & EnforcementArticle 12: Definitions & Measurements

1.2 Tables, Charts and IllustrationsMany ordinance regulations can be more clearly presented by using tables or charts. This will help eliminate redundancies, as well as the inevitable inconsistencies and internal conflicts that occur when the same regulations are restated in multiple sections of an ordinance. Eliminating these re-dundancies can also reduce the bulk of the printed document.

The new regulations should also contain illustra-tions and graphics—instead of just long passages of text—to help convey the meaning of regulatory concepts.

Sample Illustration

9

1.3 Page LayoutThe new ordinance should use distinct typefaces for articles, divisions, sections and subsection titles. Indented text should be used to indicate the hier-archical nature of ordinance sections and subsec-tions. Generous white space and graphics should be used to enhance the document’s visual appearance and improve its usability. Page headers and footers

should be used to provide navigational aids to those searching for information within the document. A mock-up page showing potential page formatting techniques is depicted below (based on the city’s R-100 district). This sample page also shows how proposed changes will be identified in the ordi-nance drafting process.

Brookhaven – Zoning Ordinance2-2

Article 2: Residential Districts| R1-15, Residential Single-Dwelling District[DRAFT November 2015]

Sec. 2.2. R1-15, Residential Single-Dwelling District

2.2.1. DescriptionThe R1-15 district is primarily intended to accommodate detached houses on lots at least 15,000 square feet in area.

2.2.2. Building TypesThe following building types are permitted in the R1-15 district:

A. Detached housesB. Public and civic buildings

2.2.3. Lot RegulationsLots in the R1-15 district are subject to the following regulations.

Lot Regulation

A Minimum Lot Area (square feet) 15,000

W Min. Lot Width and Frontage (feet) 100

C Maximum Lot Coverage (%)Residential lotNonresidential lot

3545

2.2.4. Building RegulationsPrincipal buildings in the R1-15 district are subject to the following regulations.

Building RegulationMinimum Building Setbacks (feet)

F Front Street 35[1]

S Side Street 20[1]

I Interior Side 10

R Rear 40Maximum Building Height (feet) 40Minimum Floor Area (square feet) 2,000[1] Setback averaging regulations apply to infill development. See XXX.

2.2.5. Use RegulationsPrincipal uses are allowed in the R1-15 district in accor-dance with the use regulations of XXX.

2.2.6. Other RegulationsA. Accessory Uses and Structures

See XXX.

B. ParkingSee XXX.

C. FencesSee XXX.

Sample Page layout


10

2. Use ClassificationsBrookhaven’s current zoning ordinance lists hun-dreds of residential, business, civic/institutional and other uses that may—or may not—be allowed in one zoning district or another. These use regula-tions and the way in which uses are classified and defined, should be updated as part of the rewrite. In many cases, the ordinance relies on overly detailed lists of allowed uses. Instead of broadly defining “administrative and professional offices,” for exam-ple, the current ordinance lists several specific office types with little logic about why one is permit-ted and another is not permitted in some zoning districts. The same is true of retail and service use types and numerous other uses and business types.

The current ordinance’s use typology could be sim-plified and collapsed into a logical, well-defined use classification system that includes just a few dozen land use categories. This move would eliminate an outmoded system of use regulation and allow the city to better respond to economic and technologi-cal changes over time.

The new zoning ordinance should include one or more use tables that identify which uses are allowed in which districts. Pointers or cross-references to any special regulations that apply to listed use types, such as the use-specific regulations now found in the supplemental regulations of Article IV, can also be noted in the table. This table format would be much easier to use than the narrative “laundry list” of uses now found in each respective zoning district section and help to ensure that future amendments can be made in a careful, systematic way (see the sample use table below).

3. Off-street Parking Excessive off-street parking requirements can lead to the over-development of parking infrastructure, which increases impervious cover and stormwater runoff and drives up the cost of development.

“Right-sized” minimum parking ratios can help reduce impervious surfaces, which reduces storm-water runoff and the heat island effect caused by the sun’s heating of large paved areas. Updated parking

Use RegulationsAllowed Uses

Westchester Zoning Ordinance | Page 25-3September 1, 2015 DRAFT

USE CATEGORY Zoning District Supplemental RegulationsSubcategory

R1-6 R2-5 R3-5 R6-5 RM MX1 MX2 MX3 MX4 CO-1 CO-2 CN CG ISpecific Use (See

Minor P P P P P S S S S P P P P PMajor S S S S S S S – – S S S S S

Wireless TelecommunicationsFreestanding tower S S S S S S S S S S S S S P 18.25.11 -FBuilding-mounted antenna S S S S S S S S S S S S S P 18.25.11 -FTower-mounted antenna P P P P P P P P P P P P P P 18.25.11 -F

COMMERCIALAdult Use [1] – – – – – – – – – – – – – P 18.25.11 -AAnimal Service

Boarding or shelter – – – – – P – – – – – – – S 18.25.11 -BGrooming – – – – – P P P P – – P P PVeterinary care – – – – – P P P P – – S P P

Assembly and Entertainment – – – – – P – – P – – S P PCommercial Service

Building service – – – – – P – – – – – – P PBusiness support service – – – – – P P P P – – – P PConsumer maintenance and repair – – – – – P P P P – – P P PPersonal improvement service – – – – – P P P P – S P P PResearch service – – – – – P P – – – – P P P

Day Care Day care home P P P P P P P – – – – – – –Day care center – – – – – P P – P S P P P –

Eating and Drinking EstablishmentRestaurant – – – – – P P P P – P P P P ???Bar – – – – – P P P – – ? ? ?

Financial Service (except the following) – – – – – P – P P – P P P P??? (Pawn/sheck/payday??)

Funeral or Mortuary Service – – – S – P P – – P P P P –Lodging – – – – – S S – S S P S P –Office – – – S S P P P S P P P P PParking, Non-Accessory – – – – – S – S – – S P P PRetail Sales (except the following) – – – – – P P P P – P P P P

Building supplies and equipment – – – – – – – – – – – S P PSelf-service Storage Facility – – – – – – – – – – – – S P

Sample Use Table Format

11

regulations will be proposed as part of the zoning ordinance update. The specific changes to be pro-posed will likely include:

• Tying minimum parking ratios to defined land uses and reducing minimums for some catego-ries, including retail, administrative/profession-al offices and restaurants;

• Exploring the use of context-based parking requirements (i.e., variable requirements by location) or even maximum parking ratios for some types of uses;

• Promoting shared parking and allowing greater flexibility for meeting parking and transporta-tion access demands;

• Expressly allowing the use of pervious pave-ment materials and bioretention areas within parking lots;

• Updating parking lot design standards to in-clude drive aisle dimensions;

• Clarifying parking stall size requirements for residential use;

• Incorporating minimum vehicle stacking area requirements for drive-through uses; and

• Adding minimum bicycle parking require-ments for some use types.

4. Mixed-Use and CommercialOne of the key themes of the comprehensive plan is its call for walkable, mixed-use development patterns in all of the designated community activity center areas—Perimeter Center, Blackburn Park, Peachtree Corridor, Lenox Park and the Buford Hwy. Corridor. Although the zoning ordinance includes several tools intended to accommodate and promote this type of development (e.g., OCR, PC and Peachtree Road overlay zoning), it may be necessary to further refine these existing provisions or even create new mixed-use zoning options as part of the ordinance update.

The plan also identifies needed neighborhood-serv-ing retail nodes (“neighborhood commercial target areas”) in at least four of the stable neighborhood character areas. Again, while the current ordinance does include “neighborhood shopping” and “local commercial” zoning options, these districts may need to be revised or supplemented to fully realize the plan’s vision for these areas.

5. Housing OptionsBrookhaven’s current zoning ordinance defines a relatively broad palette of residential dwelling types:

• Single-family detached

• Single-family attached

• Duplex

Flag Lot

Thro

ugh

Lot

Inte

rior L

ot

Cul-d

e-sa

c

Inte

rior L

ot

Lot

Cul-de-sac

Cul-de-sac

Lot

Lot

Cul-de-sacLot

Cul-de-sacLot

Cul-d

e-sa

cLo

t

Inte

rior L

ot

Corn

er L

ot

Corn

er L

otCo

rner

Lot

Corn

er L

otCo

rner

LotReverse

Corner Lot

InteriorLot

InteriorLot

Front

Front

Front

Front Front

Front Front

Front Front

Front

Front Front

Fron

t

Front Front

SideSide

SideSide

Front

FrontFront

Front

Fron

t

Rear

RearRear Rear

Rear

Side

Corn

er S

ide

Corn

er S

ide

Side

Corn

er S

ide

Side

Side

Side Si

de

Side

Side

Reverse Corner Side

Stre

et

Stre

et

Street

Side

Street

Side

Side

Side

Side Side

Side

Side

Side

Side

Side

Side

Side

Side

Side

Side

Side

Side

Side

Rear

RearRear

Rear Rear

RearRear Rear

Rear RearRe

arRe

arRe

arRe

ar

Rear

Sample Illustration


12

• Triplex

• Multi-family

• Supportive living

However, the ordinance could do more to provide for a wider range of housing options by including additional housing options in one or more districts. Such alternatives could include:

• Accessory dwelling units (now allowed only in PC districts);

• Cottage courts (also known as “bungalow courts” and “pocket neighborhoods”);

• Multiplexes (also known as “walk-up flats” and “big houses”);

• Live-work buildings; and

• Senior housing (such as assisted living, congre-gate living, continuing care retirement commu-nity).

A recommendation to incorporate additional hous-ing options into the zoning ordinance should not be interpreted as a call to include them in all districts, but rather that an expanded range of options be available through in some districts or zoning tech-niques and the applicable standards that apply to such housing types be clearly stated.

6. Form and CharacterThough expressed in different ways and in varying contexts, many of the individuals who have offered suggestions for the new ordinance have expressed a desire for additional emphasis on the “form” of new buildings and development and the degree to which such development positively contributes to existing or planned character.

Some of the newer provisions of the Brookhaven ordinance include provisions intended to promote desirable urban form and high-quality place-mak-ing. The Peachtree Road overlay, for example, goes far beyond the typical array of use, setback, and height controls and focuses instead on transitioning the corridor into a more vibrant, walkable, mixed-use and transit-supportive environment.

In order to address such comprehensive plan prior-ities as infill compatibility, community identity and appearance, walkability, bikeability, and transit-ori-entation, the updated zoning ordinance will need to include additional provisions addressing form and character.

7. NonconformitiesIn zoning parlance, “nonconformities” are build-ings, uses, and lots that were established in compli-ance with regulations in existence at that time, but that no longer comply with applicable rules because the rules were changed—or were first instituted—after such situations were established. Nonconform-ing status could be related to virtually anything now addressed by current controls, including failure to meet current zoning setback, building height, lot coverage or stream buffer standards.

Some people confuse “nonconforming” with “ille-gal.” A more apt description might be “previously conforming,” because it more clearly indicates that such situations did comply with applicable rules at one point in time. The stigma of nonconform-ing status sometimes results in all nonconforming situations being treated alike, as is the case with the “Nonconforming Uses” section (Article V, Division 5) of Brookhaven’s current zoning ordinance.

Some early project discussions have indicated that there are fairly widespread “nonconform-ing” situations in some older areas of Brookhav-en—most often residential lots that don’t comply with minimum size (area or width) regulations or detached houses that don’t meet zoning setback or stream buffer requirements. To address the types of issues raised, existing lot and building patterns should be analyzed to determine the extent of the issue and whether: (a) existing lot size and setback regulations should be adjusted; (b) one or more new districts should be created for areas that don’t fit existing classifications; or (c) some other tech-nique could be employed to reduce or eliminate the nonconformities.

In addition, the existing nonconformity regulations should be substantially rewritten to address issues of clarity—i.e., more clearly distinguishing among

13

the regulations that apply to nonconforming lots, uses and structures—and to allow greater flexibility in dealing with nonconforming situations that are not likely to cause substantial adverse impacts on the surrounding area.

Care will be need to be taken to ensure that any new or modified regulations do not create needless nonconformities or pose a significant stumbling block to context-appropriate redevelopment activ-ities in the city. One specific issue that will need to be addressed within the rewritten nonconforming section is a clearer definition of what constitutes increasing “the degree of nonconformity,” which is language used in the current ordinance (27-939) to limit the extent to a nonconforming situation may be modified.

8. ProceduresArticle V of the current zoning ordinance includes the review and approval procedures for various zoning-related matters (e.g., rezonings, special land use permits and variances) as well as provisions establishing the planning commission and zoning board of appeals.

8.1 OrganizationThe existing zoning approval procedures are poorly organized and sometimes confusing. The clarity of the procedural provisions could be markedly im-proved through heavy editing, reorganization and use of parallel construction. As part of the rewrite, the procedural provisions should be restated to be clear, consistent and efficient. There should be a logical flow of development reviews and permits, from beginning to end. Under the proposed general outline presented on page 9, all existing (and new) zoning review procedures will be included in a single “procedures” article, with administrative powers and duties included in an “administration” article.

8.2 VariancesThe city’s zoning variance procedures are typical of those seen in other ordinances. The zoning board of appeals is authorized to hear and decide property

owner requests to deviate from strict compliance with ordinance standards.

Like many local governments in Georgia and other states Brookhaven authorizes the granting of certain administrative (staff-approved) variances and special exceptions that have little potential for far-reaching adverse impacts. This type of stream-lined procedure is a positive feature of the current ordinance. Opportunities to expand on its use in addressing minor matters will be investigated as the project moves forward.

8.3 EnforcementThe zoning ordinance’s enforcement provisions are found in Article VI. These provisions suggest but do not expressly spell out a “progressive enforcement” process. Progressive systems typically begin with informal contact by code enforcement staff, proceed (if necessary) to written notice from the city, stop-work orders issued by the city and court-mandated penalties and enforcement activities. The basics of this type of system should be clearly set out in the text of the ordinance—with remedies outlined in the order in which they would typically be used.

9. Measurements & ExceptionsMany of the early discussions regarding the zoning update have centered around topics related to mea-surements, definitions and exceptions to otherwise general rules of compliance. Perhaps the most talk-ed about example relates to setback regulations for infill development, or “setback averaging.” Discus-sions to-date have focused mainly on whether such regulations are needed or desirable and, if so, how the contextual average setback of an area should be determined. One thing nearly everyone seems to agree on is that “front” setback requirements should not apply to both lot frontages on a corner lot.

Other examples of measurement-related issues that will need to be addressed include:

• What counts towards determining the amount of coverage on a lot and whether lot coverage for the purpose of zoning compliance is or should be the same as impervious coverage for the purpose of addressing stormwater runoff


14

and environmental protection.?

• How is the size and character of residential accessory structures determined?

• How is building height measured?

• What types of features are allowed within re-quired setback areas?

• How is retaining wall and fence height mea-sured?

These and other rules of measurements, exceptions and definition issues will be addressed in the pro-posed final article of the new zoning ordinance.

10. Customization ToolsNo matter how modern and comprehensive the new zoning ordinance is, it will not be able to anticipate the challenges posed by every develop-ment site. the creativity of every developer or the uniqueness of every neighborhood. For this reason, consideration should be given to including zon-ing tools that allow for custom-tailoring of zoning regulations in unique circumstances. Examples of customization techniques that should be considered are neighborhood character overlays and planned development zoning.

Neighborhood character overlay zoning is a tool that can be used to customize base zoning regula-tions to:

• Protect unique development, building or land use patterns in areas when such patterns are not adequately addressed by citywide regulations;

• Promote reinvestment and redevelopment in

areas where change is desired and when exist-ing zoning regulations hinder achievement of the desired change; or

• Help implement neighborhood plans or plan-ning studies.

While neighborhood character overlays are of-ten thought of as imposing an additional layer of requirements, the regulations of an neighborhood character overlay can actually be more or less re-strictive than the underlying zoning.

Planned development zoning (sometimes referred to as planned unit developments or master planned developments) can come in the form of a base zoning district or overlay zoning district that is crafted to accommodate a site-specific develop-ment proposal. The zoning technique is intended to accommodate development that would be difficult or impossible to carry out under otherwise applica-ble zoning regulations, and usually geared toward developments that would provide greater public benefits than could be achieved using conventional zoning regulations. The process of establishing PD zoning typically involves far more upfront plan-ning and public involvement than does a standard rezoning.

Both neighborhood character overlays and planned development zoning have potential downsides. Over-reliance on either tool can result in zoning that is complex and difficult to administer and en-force. However, if reserved for use in truly unique circumstances with high potential for public bene-fits, the potential upside may outweigh the risks.

Documents

Brookhaven GA Zoning Code Rewrite Outline Report November 2015