Zoning Project Objectives
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2 Zoning Project Objectives Help implement comprehensive plan, character area update and other city policies Update and modernize Make regulations clear, easy to use and understand
3 Scope Zoning districts Lot and building regulations (lot area, width, coverage; setbacks, building height) Allowed uses/building types Parking and landscaping Administration and Procedures (rezonings, SLUPs, variances) Enforcement
4 Not this project Comprehensive plan update Land development regulations Stream buffers Tree preservation Sign regulations Zoning map amendments (rezonings)
5 Project team Duncan Associates Project management Ordinance drafting CodaMetrics Form and design Illustrations Advisory Group Blair Belton Mike Busher Alan Cablik Sally Eppstein Jack Honderd Keith Linch Alex Michaud Jennifer Owens Stan Segal Bob Sorrentino
6 Residential Districts PROPOSED RESIDENTIAL DISTRICT CONVERSIONS Existing District New Proposed District R-200 NONE R-150 NONE R-30,000 NONE R NONE R-100 RS-100 R-85 RS-85 R-75 RS-75 R-60 RS-60 R-50 RS-50 R-A5 R-A8 RSA-8 R-DT NONE RSA-18 RM-150 RM-100 RM-14 RM-85 RM-75 RM-18 RM-HD RM-30 NONE RM-40 R-CH R-CH (Legacy District) RCD NONE TND TND (Legacy District) MHP NONE is referring to these districts. TABLE 2-1 RESIDENTIAL (R) DISTRICTS Symbol RS-100 RS-85 RS-75 RS-60 RS-50 RSA-8 RSA-18 RM-14 RM-18 RM-30 RM-40 Residential District Name Single-Dwelling Detached (15,000 sq. ft.) Single-Dwelling Detached (12,000 sq. ft.) Single-Dwelling Detached (10,000 sq. ft.) Single-Dwelling Detached (8,000 sq. ft.) Single-Dwelling Detached (6,000 sq. ft.) Single-Dwelling Attached (8 UPA) Townhouse (18 UPA) Multi-Unit (14 UPA) Multi-Unit (18 UPA) Multi-Unit (30 UPA) Multi-Unit (40 UPA) indicated in Table 2-2. TABLE 2-2 R DISTRICT BUILDING TYPES Building Type Districts RS RSA RM 4 = permitted = prohibited RESIDENTIAL BUILDINGS Regulations Detached House Division 2-2 Attached House 4 4 Division 2-3 Two-flat 4 4 Division 2-4 Three-flat 4 4 Division 2-4 Multi (4+)-unit 4 Division 2-5 Bungalow Court 4 4 Division 2-6 Backyard Cottage Division 2-7 NONRESIDENTIAL BUILDINGS Civic Building Division 2-8
7 2-2 DETACHED Residential Districts Two page spread for each building type Article II Residential Districts Division 2-2 Detached Houses Sec Lot and Building Regulations RS Districts Article II Residential Districts Division 2-2 Detached Houses Sec Lot and Building Regulations RS Districts DIVISION 2-2. Division HOUSES Sec Sec Lot and Building Regulations RS Districts Detached houses are allowed in all RS districts, subject to compliance with the lot and building regulations of Table 2-3 (see also Figure 2-1). 1 TABLE 2-3 DETACHED HOUSES IN RS DISTRICTS Regulation RS-100 RS-85 RS-75 RS-60 RS-50 a. Lot Minimum Lot Area (square feet) 15,000 12,000 10,000 8,000 6,000 q Minimum Lot Width & Frontage (feet) 100[1] 85[1] 75[1] 60[1] 6050[1] w Maximum Impervious Coverage (%) b. Building Siting Minimum Principal Building Setbacks (feet) e Front Street 35[2][3] 35[2[3] 30[2][3] 30[2][3] 5[2][4] r Side Street 25[3] 25[3] 20[3] 20[3] 5[2][4] t Interior Side y Rear Minimum Accessory Building Setbacks (feet) Front Street Permitted in rear yard only r Side Street [4] 5[2][4] t Interior Side u Rear 10[5] 10[5] 10[5] 10[5] 10[5] c. Maximum Building Height i Principal Building (feet) Accessory Building (feet) 20[6] 20[6] 20[6] 20[6] 20[6] d. Garages Garage Configuration See Division 2-9 side street Street side Lot Line r e Figure 2-1. Detached Houses in RS Districts Rear Lot Line w Principal Building q y w w front street t t Front Lot Line Accessory Building Principal Building w q w w w t 1! Side Lot Line u e Minimum Floor Area (square feet) 2,000 1,800 1,600 1,200 1,600 [1] Lots fronting on the bulb of a cul-de-sac must have at least 35 feet of frontage and be at least 60 feet in width. [2] Contextual setback regulations apply to residential infill development. See Sec [3] Plus 15 feet if abutting arterial street. 2 [4] Street-facing garage entries must be set back at least 20 feet from the back of the sidewalk or from the street right-ofway, whichever results in a greater setback. [5] Minimum 25-foot rear setback required for accessory buildings when rear yard adjoins side yard of abutting lot. [6] Or height of principal building, whichever is less. 1 As indicated in the tables of this article, existing minimum dwelling unit size restrictions are proposed for elimination. During discussions with the steering committee, at least one reviewer asked if maximum house size limits should be added.. 2 In response to steering committee feedback, proposed minimum street side (corner lot) setback requirements have been increased above previous proposal. The draft has also been amended to authorize administrative variance request for further (up to 5-foot) reduction. Brookhaven Zoning Ordinance DRAFT June 27, Proposed elimination of min. floor area requirements i Brookhaven Zoning Ordinance DRAFT June 27,
8 Residential Districts Bungalow courts (detached houses around open space) allowed in RSA and RM districts. Backyard cottages and secondary suites permitted in RSA and RM districts and may be approved by SLUP in RS districts. Secondary Suite Bungalow Court Secondary Suite Backyard Cottage Secondary suites are small accessory dwelling units located entirely within the same building as the principal dwelling unit. Backyard cottages are small detached accessory dwelling units located in the rear yard. Require SLUP approval in RS districts. Only one backyard cottage or secondary suite would be permitted on a lot.
9 Residential Districts New garage regulations for detached and attached houses Detached Side-Loaded Recessed Semi-Flush
10 27.46 Lot 3-3 SHOPFRONT Mixed-Use Districts (new) TABLE 3-1 MIXED-USE (X) DISTRICTS Symbol Mixed-Use District Name MX1 Neighborhood Mixed-Use MX2 Community Mixed-Use CX Corridor Mixed-Use EX Employment Mixed-Use Two page spread for each building type ed in Table 3-2. TABLE 3-2 MX DISTRICT BUILDING TYPES Building Type 4 = permitted = prohibited Districts Regulations MX1 MX2 CX EX Commercial House 4 4 Division 3-2 Shopfront Division 3-3 General 4 4 Division 3-4 Workspace 4 Division 3-5 Civic Building Division 3-6 Article III Mixed-Use Districts Division 3-3 Shopfront Buildings Sec Lot and Building Regulations DIVISION 3-3. Division BUILDINGS Sec Sec. and Building Regulations Shopfront buildings are allowed in MX1, MX2 and CX districts, subject to compliance with the lot and building regulations of Table 3-4 (see also Figure 3-2). TABLE 3-4 SHOPFRONT BUILDING LOT AND BUILDING REGULATIONS Regulation MX1 MX2 CX a. Lot Minimum Lot Area (square feet) 6,000 6,000 6,000 q Minimum Lot Width & Frontage (feet) w Maximum Impervious Coverage (%) b. Building Siting Principal Building Setbacks (feet) e Front Street, Minimum/Maximum ( BTZ ) 5/10[1] 5/10[1] 5/10[1] Minimum Building Coverage within BTZ (%) r Side Street, Minimum/Maximum 5/10 5/10 5/10 t Interior Side, Minimum y Rear, Minimum c. Uses Allowed uses in ground-story Nonresidential uses allowed by Table 7-1 Allowed uses in upper stories Any use allowed by Table 7-1 Minimum depth of ground-story occupied space (feet) 20 d. Building Height i Ground-Story Elevation (min/max above sidewalk, feet) 0/3 0/3 0/3 Minimum Height per Story (floor-to-floor, feet) Ground Story Upper Stories (above first) Maximum Height per Story (floor-to-floor, feet) Ground Story Upper Stories (above first) Overall Principal Building Height Minimum (stories) Maximum (stories/feet) / /70[2] /70[2] Maximum Accessory Building Height (feet) 20[3] 20[3] 20[3] e. Street Facades o Minimum Front Facade Transparency (%) Ground Story Upper Stories Article III Mixed-Use Districts Division 3-3 Shopfront Buildings Sec Lot and Building Regulations TABLE 3-4 SHOPFRONT BUILDING LOT AND BUILDING REGULATIONS Regulation MX1 MX2 CX Minimum Street Side Facade Transparency (%) Ground Story Upper Stories ) Front Street-facing Entrance Minimum Number per building 1 f. Parking and Garages Permitted Location of In-Building Parking Permitted Location of Surface Parking g. Transition Buffers (See Division 9-2) Anywhere below grade and in above-grade floors if set back at least 20 ft. from front facade Rear yard or side yard (behind principal building setback); side parking limited to one double-loaded aisle with centerline perpendicular to street Minimum Buffer Depth Abutting R-Zoned Lot (feet) [1] Street-facing garage entries must be set back at least 20 feet from the back of the sidewalk or from the street right-ofway, whichever results in a greater setback. [2] Buildings on O-1 or M-zoned lots located within the Buford Highway Overlay may be eligible for increased as-of-right building height, in accordance with Division 5-2. Outside the Buford Highway Overlay, greater building heights may be approved through the special land use permit procedures of Division [3] Or height of principal building, whichever is less. Figure 3-3. Shopfront Buildings (2) Figure 3-2. Shopfront Buildings (1) Brookhaven Zoning Ordinance DRAFT June 27, Brookhaven Zoning Ordinance DRAFT June 27,
11 4-4 LOT Commercial and Employment Districts COMMERCIAL/EMPLOYMENT DISTRICTS Symbol District Name NS Neighborhood Shopping C-1 Local Commercial C-2 General Commercial O-I Office-Institution O-D Office-Distribution O-C-R Office-Commercial-Residential M Industrial ALLOWED BUILDING TYPES Building Type NS C-1 C-2 Districts O-I O-D M O-C-R 4 = permitted = prohibited Detached House 4 Attached House 4 Two-flat 4 Three-flat 4 Multi (4+)-unit 4 Commercial House Shopfront General Civic DIVISION 4-4. Division AND BUILDING REGULATIONS Sec Sec All Allowed Building Types All allowed building types in commercial and employment districts are subject to the lot and building regulations of Table 4-3, except that attached houses in the O-C-R district are subject to the same regulations that apply to attached houses in the RM district (see Sec ). TABLE 4-3 LOT AND BUILDING REGULATIONS IN COMMERCIAL & EMPLOYMENT DISTRICTS Regulation NS C-1 C-2 O-I O-D O-C-R M a. Lot Minimum Lot Area (square feet) 12,000 20,000 30,000 20,000 43,560 87,120 30,000 q Minimum Lot Width & Frontage (feet) w Maximum Impervious Coverage (%) b. Building Siting Minimum Principal Building Setbacks (feet) e Front Street [1] r Side Street [1] t Interior Side [2] 20[3] 20[3] 20[3] 20[3] 20[3] 20[3] y Rear [3] Minimum Accessory Building Setbacks (feet) Front Street Permitted in rear yard only r Side Street [1] t Interior Side [2] y Rear [4] 10[5] 10[5] 10[5] 10[5] 10[5] 10[5] c. Maximum Building Height u Principal Building (stories/feet) 2/30 2/35[6] 2/35[6] 5/70[7] 2/35[6] 2/35[6][8] 5/70[7] d. Density/Intensity Maximum Density (dwelling units per acre) NA NA NA NA NA 30 NA Maximum Floor Area Ratio None None None None None 1.50 None No absolute maximum. Subject to compliance Maximum Building Floor Area 25,000 with all other applicable regulations. e. Transition Buffers (See Division 9-2) Minimum Buffer Depth Abutting R-Zoned Lot (ft.) to 650 to Minimum DU Floor Area (square feet) NA NA NA NA NA 1,000 1,000 [1] As established by conditions imposed at time of rezoning or SLUP approval. [2] As established by conditions imposed at time of rezoning or SLUP approval or 10 feet, whichever is greater. [3] No interior side setback required abutting another commercial or employment district. [4] As established by conditions imposed at time of rezoning or SLUP approval or 20 feet, whichever is greater. [5] Minimum 25-foot rear setback required for accessory buildings when rear yard adjoins side yard of abutting R-zoned lot. Proposed elimination of min. floor area requirements Proposed reduction in minimum street setbacks
12 Other Districts NEW NEW Article V. Article V Overlay Districts Division 5-1 General Sec Purpose and Intent Sec Interpretation Sec Procedure Division 5-2 /BHO, Buford Highway Overlay Sec Scope Sec Purpose and Intent Sec Applicability Sec Streets Sec Streetscapes Sec Peachtree Creek Greenway Sec Rezonings Sec Increased Building Height Allowed Division 5-3 /PRO, Peachtree Road Overlay Sec Scope Sec Purpose and Intent Sec Applicability Sec Plan Review Sec Streets Sec Streetscapes Division 5-4 /NCO, Neighborhood Character Overlay Sec General Sec Purpose Sec Selection Criteria Sec Uses Sec Development/Design Standards Sec Procedure Division 5-5 /AEO, Airport Environs Overlay Sec Scope Sec Purpose Sec Boundaries Sec Applicability Sec Height Restrictions Sec Use Restrictions Sec Permits Sec Marking of Potential Hazards NEW Article VI. Article VI Special Purpose Districts Division 6-1 General Sec Purpose Sec Establishment Division 6-2 PR, Peachtree Road Districts Sec General Sec Uses Sec Allowed Building Types Sec Detached House Regulations Sec Attached House Regulations Sec Walk-Up Building Regulations Sec Commercial House Regulations Sec Shopfront Building Regulations Sec General Building Regulations Sec Front Setbacks Sec Public Benefit Height Bonuses Sec TOD Height Bonus Sec Transparency Sec Lot Edges Sec Neighborhood Transitions Sec Building Design Sec Pedestrian Access Sec Parking Sec Open Space Sec Landscaping and Screening Sec Signs Division 6-3 MPD, Master Planned Development District Sec Purpose Sec Review and Approval Procedure Sec Public Benefit Thresholds Sec Use Regulations and Lot and Building Regulations Sec Other Development Regulations Sec Approval Criterion Division 6-2 TND (Legacy) District Sec Legacy District Status Sec Regulations Division 6-5 R-CH (Legacy) District Sec Legacy District Status Sec Regulations Division 6-2 PC-2 (Legacy) District Sec Legacy District Status Sec Regulations
13 Uses 1. New Classification System (Definitions) 2. Consolidated Use Table 3. Updated Accessory Use Regulations EV Charging Stations Home Occupations Secondary Suites Solar Energy Equipment TABLE 7-1 PRINCIPAL USE TABLE USE CATEGORY Districts Use Subcategory Residential Mixed-Use Comm./Employment Reserved Specific Use Type RS RSA RM MX1 MX2 CX EX NS C-1 C-2 O-I O-D O-C-R M Reference Library or Cultural Exhibit Sec Parks and Recreation Sec Religious Assembly S S S Sec Safety Service Sec School S S S Sec Utilities and Public Service Facilities Sec Minor Major COMMERCIAL S S S S S S S S S S S S S S Animal Service Sec Boarding 4 4 S Grooming Veterinary Assembly and Entertainment Sec Small Large Business or Trade School Sec Commercial Service Sec Consumer Maintenance and Repair Personal Service Studio or Instructional Service Day Care Sec Small (1 to 6 enrollees) S S Large (7 or more enrollees) S Eating and Drinking Places Sec Restaurant Bar Financial Service (except as below) Sec Convenient Cash Business 4 4 Pawnshop 4 Funeral or Mortuary Service Sec Lodging Sec Bed & Breakfast S S Short-term Rental S S S Hotel/Motel S Medical Service Sec Office Sec KEY: 4=permitted by right 8=permitted only above ground-floor S=requires SLUP approval *supplemental use regulations apply =prohibited
14 Parking and Access 1. Motor vehicle parking: Reduced minimums for many use types Exemptions for small commercial uses (1,500 sq. ft. Parking credits and reductions (Division 8-4, p. 8-5) 2. New bicycle parking requirements 3. New on-site pedestrian circulation provisions 4. Stacking requirements for drive-through uses 5. Simplified loading requirements Table 1-1 MINIMUM PARKING RATIOS Minimum Number of Spaces Required Motor Vehicle Spaces Short-Term Bicycle Spaces Long-Term Bicycle Spaces RESIDENTIAL Household Living (except as follows) 1 per DU NONE NONE Four+-Household (if more than 24 DUs) 1.1 per DU 0.1 per DU 0.2 per DU Group Living 0.33 per bed NONE [1] NONE [1] PUBLIC AND CIVIC Club or Lodge 8 per KSF 0.5 per KSF 0.05 per KSF College or University 6 per classroom 2 per classroom NONE [1] Hospital 0.5 per bed 0.1 per bed per KSF Library or Cultural Exhibit 2.5 per KSF 0.5 per KSF; min per KSF Parks and Recreation Established in accordance with Sec Religious Assembly 0.25 per seat [2] 0.1 per seat NONE School Elementary 2 per classroom 2 per classroom 0.25 per classroom Middle and Sr. High 4 per classroom 2 per classroom 0.25 per classroom Utilities and Public Service Facilities Minor NONE [1] NONE [1] NONE [1] Major NONE [1] NONE [1] NONE [1] COMMERCIAL Animal Service 2.5 per KSF NONE [1] 0.1 per KSF Assembly and Entertainment 0.25 per seat [2] 0.1 per seat NONE [1] Business or Trade School 6 per classroom 2 per classroom 2 per classroom Commercial Service Consumer Maintenance and Repair 2.5 per KSF 0.25 per KSF 0.1 per KSF Personal Service 2.5 per KSF [3] 0.5 per KSF; min per KSF Studio or Instructional Service 2.5 per KSF [3] 0.5 per KSF; min per KSF Day Care Small (1 to 6 enrollees) NONE [1] NONE [1] NONE Large (7 or more enrollees) 3.33 per KSF NONE [1] 0.05 per KSF Eating and Drinking Places 8 per KSF [3] 0.5 per KSF; min per KSF Financial Service 2.5 per KSF 0.5 per KSF; min per KSF Funeral or Mortuary Service 0.33 per seat NONE [1] NONE [1] Lodging 1 per guest room per guest room per guest room DU = dwelling unit KSF = 1,000 square feet (gross floor area) MV = motor vehicle SLUP = special land use permit
15 Landscaping and Screening Parking lot perimeter landscaping Interior parking lot landscaping New outdoor lighting section
16 Review and Approval Procedures TABLE 10-1 PROCEDURES SUMMARY Procedure Review and Decision-Making Community Development Director Zoning Board of Appeals Planning Commission City Council Public Participation Plan R = review and recommendation DM = decision-making body (final decision) < > = public hearing Zoning Ord. Text Amendment (Division 10-2) Newspaper Hearing Notice R <R> <DM> Yes Yes Yes Yes Zoning Map Amendment (Division 10-2) R <R> <DM> Yes Yes Yes Yes Special Land Use Permit (Division 10-3) R <R> <DM> Yes Yes Yes Yes Variance (Division 10-6) R <DM> No Yes Yes Yes Special Exception (Division 10-7) R <DM> No Yes Yes Yes Administrative Variance/Special Exception (Division 10-8) DM No No No Yes Administrative Permits (Division 10-9) DM No No No No Appeals of Admin. Decisions (Division 10-10) Proposed concurrent variance authority New MPD approval procedure DM No No Yes No Mail Posted (Sign) Preapplication Meeting z Public Participation Plan z Application Filing (with Community Development Dept.) z Public Information Meeting z Completeness Review Staff Review/Recommendation z z Planning Commission Public Hearing and Recommendation City Council Public Hearing and Decision z z Approve z Deny Approve w/ Conditions
17 Terminology and Measurements Revised approach to setback averaging Current: Based on averaging setbacks of buildings within 75 feet on each side of subject lot. Proposed: Based on nearest two lots on both sides of subject lot. street front lot line street setback Revised building height measurement Current: From average elevation on all sides of building to the mid-point between eaves and ridge Proposed: From the finished floor elevation of the first floor at the point of the front door threshold to the peak. average elevation of minimum street setback line 36 Maximum above average elevation of minimum street setback finished first floor elevation (front door threshold may not be more than 36 inches above the average elevation of the minimum front setback line)
18 UPCOMING MEETINGS 06/28/18 (THURSDAY) 9 A.M. 11 A.M. CITY HALL COMMUNICATIONS CONFERENCE ROOM 4362 PEACHTREE ROAD 07/19/18 (THURSDAY) 9 A.M. 11 A.M. CITY HALL COMMUNICATIONS CONFERENCE ROOM 4362 PEACHTREE ROAD 07/19/18 (THURSDAY) 6 P.M. 8 P.M. BRIARWOOD PARK COMMUNITY CENTER 2235 BRIARWOOD WAY
19 PLANNING COMMISSION AND CITY COUNCIL 07/11/18 PLANNING COMMISSION WITH STEERING COMMITTEE (WORK SESSION) 07/19/18 PUBLIC MEETING #2 (DAY/EVENING) 08/01/18 PLANNING COMMISSION (WORK SESSION) 08/14/18 CITY COUNCIL (WORK SESSION) 08/28/18 CITY COUNCIL (WORK SESSION) 09/05/18 PLANNING COMMISSION (ADOPTION) 09/26/18 CITY COUNCIL (ADOPTION)
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