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Brookhaven City Zoning Code

ARTICLE III.

MIXED-USE DISTRICTS

Sec. 27-190. - District list.

The city's mixed-use zoning districts are listed in table 3-1. Whenever this zoning ordinance refers to "mixed-use" or "X" zoning districts, it is referring to these districts.

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

 

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.40), 11-27-2018)

Sec. 27-191. - District descriptions.

(a)

General. Mixed-use zoning districts are primarily intended to create, maintain and promote walkable mixed-use development patterns.

(b)

MX1 district. The MX1 district is primarily intended to accommodate small, neighborhood-scale mixed use-buildings.

(c)

MX2 district. The MX2 district is primarily intended to accommodate mixed-use buildings in mixed-use corridors and nodes.

(d)

CX district. The CX district is primarily intended to accommodate mixed-use and general buildings in commercial corridors.

(e)

EX district. The EX district is primarily intended to accommodate general buildings and workspace buildings in office and industrial park settings.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.41), 11-27-2018)

Sec. 27-192. - Use regulations.

Uses are allowed in X districts in accordance with the use regulations of article VII.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.42), 11-27-2018)

Sec. 27-193. - Building types.

Allowed uses in X districts may occupy any building type allowed in the subject zoning district, as indicated in table 3-2.

TABLE 3-2 — MX DISTRICT BUILDING TYPES
Building Type Districts Regulations
MX1 MX2 CX EX
       ● = permitted    - = prohibited
Commercial House - - Article III, Division 2
Shopfront - Article III, Division 3
General - - Article III, Division 4
Workspace - - - Article III, Division 5
Civic Building Article III, Division 6

 

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.43), 11-27-2018)

Sec. 27-194. - Generally applicable regulations.

(a)

Accessory uses and structures. See article VII.

(b)

Parking and garages. See article VIII.

(c)

Landscaping and screening. See article IX.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.44), 11-27-2018)

Sec. 27-205. - Lot and building regulations.

Commercial houses are allowed in all MX1 and MX2 districts, subject to compliance with the lot and building regulations of table 3-3 (see also figure 3-1).

TABLE 3-3 — COMMERCIAL HOUSE LOT AND BUILDING REGULATIONS
Regulation MX1 MX2
a. Lot
Minimum Lot Area (square feet) 6,000 6,000
Minimum Lot Width & Frontage (feet) 50 50
Maximum Impervious Coverage (%) 55 65
b. Building Siting
Minimum Principal Building Setbacks (feet)
 Front Street 30 30
 Side Street 15[1] 15[1]
 Interior Side 7.5 7.5
 Rear 30 30
Minimum Accessory Building & Accessory Structure Setbacks (feet)
 Front Street — Permitted in rear yard only —
 Side Street 15[1] 15[1]
 Interior Side 5 5
 Rear 10[2] 10[2]
c. Building Height
Ground-Story Elevation (min/max above front street building line, feet) 0/3 0/3
Maximum Principal Building Height (feet) 40 40
Maximum Accessory Building Height (feet) 20[3] 20[3]
d. Street Facades
Minimum Front Facade Transparency (%) 15 15
Min. Street Side Facade Transparency (%) 5 5
Front Street-facing Entrance
 Minimum Number — — — — 1 per building — — — —
Entrance Configuration — — Stoop or porch required — —

 

[1] Street-facing garage entries must be set back at least 20 feet from the back of the sidewalk or from the street right-of-way, whichever results in a greater setback.

[2] ;hg;Minimum 25-foot rear setback required for accessory buildings when rear yard adjoins side yard of abutting lot.
[3] ;hg;Or height of principal building, whichever is less.

Figure 3-1. Commercial Houses
Figure 3-1. Commercial Houses

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.45), 11-27-2018; Ord. No. 2019-05-03, § I(Attch.), 5-28-2019)

Sec. 27-216. - Lot 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.

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
Minimum Lot Width & Frontage (feet) 50 50 50
Maximum Impervious Coverage (%) 55 65 80
b. Building Siting
Principal Building Setbacks (feet)
 Front Street, Minimum/Maximum ("BTZ") 5/10[1] 5/10[1] 5/10[1]
 Minimum Building Coverage within BTZ (%) 80 60 60
 Side Street, Minimum/Maximum 5/10 5/10 5/10
 Interior Side, Minimum 5 5 5
 Rear, Minimum 30 30 30
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
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)


12
9


14
9


12
9
Maximum Height per Story (floor-to-floor, feet)
 Ground Story
 Upper Stories (above first)


18
12


24
14


24
14
Overall Principal Building Height
 Minimum (Stories)
 Maximum (stories/feet)

1
3/40

2
5/70[2]

1
5/70[2]
Maximum Accessory Building Height (feet) 20[3] 20[3] 20[3]
e. Street Facades
Minimum Front Facade Transparency (%)
 Ground Story 65 75 60
 Upper Stories 35 35 35
Minimum Street Side Facade Transparency (%)
 Ground Story 35 35 35
 Upper Stories 15 15 15
Front Street-facing Entrance
 Minimum Number — — — — 1 per building — — — —
f. Parking and Garages
Permitted Location of In-Building Parking Anywhere below grade and in above-grade floors if set back at least 20 ft. from front façade
Permitted Location of Surface Parking Rear yard or side yard (behind principal building setback); side parking limited to one double-loaded aisle with centerline perpendicular to street
g. Transition Buffers (See Division 9-2)
Minimum Buffer Depth Abutting R-Zoned Lot (feet) 30 30 30

 

[1] Street-facing garage entries must be set back at least 20 feet from the back of the sidewalk or from the street right-of-way, whichever results in a greater setback.
[2] ;hg;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 Article V, Division 2. Outside the Buford Highway Overlay, greater building heights may be approved through the special land use permit procedures of Article X, Division 3.
[3] ;hg;Or height of principal building, whichever is less.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.46), 11-27-2018)

Sec. 27-227. - Lot and building regulations.

General buildings are allowed in CX and EX districts, subject to compliance with the lot and building regulations of table 3-5.

TABLE 3-5 — GENERAL BUILDING LOT AND BUILDING REGULATIONS
Regulation CS EX
a. Lot
Minimum Lot Area (square feet) 6,000 6,000
Minimum Lot Width & Frontage (feet) 50 50
Maximum Impervious Coverage (%) 80 85
b. Building Siting
Principal Building Setbacks (feet)
 Front Street, Minimum/Maximum ("BTZ") 5/15[1] 5/30[1]
 Minimum Building Coverage within BTZ (%) 65 50
 Side Street, Minimum/Maximum 5/15 5/30
 Interior Side, Minimum 5 5
 Rear, Minimum 30 30
c. Building Height
Minimum Height per Story (floor-to-floor, feet) 9 9
Maximum Height per Story (floor-to-floor, feet) 14 14
Overall Principal Building Height (stories/feet)
 Minimum (stories)
 Maximum (stories/feet)

1
3/45[2]

1
5/70[2]
Maximum Accessory Building Height (feet) 20[3] 20[3]
d. Street Facades
Minimum Front Facade Transparency (%)
 Ground Story 20 15
 Upper Stories 15 15
Minimum Street Side Facade Transparency (%) 15 15
Front Street-facing Entrance
 Minimum Number — — — — 1 per building — — — —
e. Parking and Garages
Permitted Location of In-Building Parking Anywhere below grade and in above-grade floors if set back at least 20 ft. from front facade
Permitted Location of Surface Parking Rear yard or side yard (behind principal building setback); side parking limited to one double-loaded aisle with centerline perpendicular to street
f. Transition Buffers (See Division 9-2)
Minimum Buffer Depth Abutting R-Zoned Lot (feet) 30 30

 

[1] Street-facing garage entries must be set back at least 20 feet from the back of the sidewalk or from the street right-of-way, 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 Article V, Division 2. Outside the Buford Highway Overlay, greater building heights may be approved through the special land use permit procedures of Article X, Division 3.
[3] Or height of principal building, whichever is less.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.47), 11-27-2018)

Sec. 27-238. - Lot and building regulations.

Workspace buildings are allowed in EX districts, subject to compliance with the lot and building regulations of table 3-6.

TABLE 3-6 — WORKSPACE BUILDING LOT AND BUILDING REGULATIONS
Regulation EX
a. Lot
Minimum Lot Area (square feet) 6,000
Minimum Lot Width & Frontage (feet) 50
Maximum Impervious Coverage (%) 85
b. Building Siting
Principal Building Setbacks (feet)
 Front Street, Minimum/Maximum ("BTZ") 10/50[1]
 Minimum Building Coverage within BTZ (%) None
 Side Street, Minimum/Maximum 10/50
 Interior Side, Minimum 10
 Rear, Minimum 30
c. Building Height
Minimum Height per Story (floor-to-floor, feet) 9
Maximum Height per Story (floor-to-floor, feet) 14
Overall Principal Building Height (stories/feet)
 Minimum (stories)
 Maximum (stories/feet)

1
5/70[2]
Maximum Accessory Building Height (feet) 20[3]
d. Street Facades
Minimum Front Facade Transparency (%) 15
Minimum Street Side Facade Transparency (%) 10
e. Parking and Garages
Permitted Location of In-Building Parking Anywhere below grade and in above-grade floors
Permitted Location of Surface Parking Front, side or rear yard
f. Transition Buffers (See Division 9-2)
Minimum Buffer Depth Abutting R-Zoned Lot (feet) 30

 

[1] Street-facing garage entries must be set back at least 20 feet from the back of the sidewalk or from the street right-of-way, 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 Article V, Division 2. Outside the Buford Highway Overlay, greater building heights may be approved through the special land use permit procedures of Article X, Division 3.
[3] Or height of principal building, whichever is less.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.48), 11-27-2018)

Sec. 27-249. - Lot and building regulations.

Civic buildings, which may be occupied only by allowed public and civic uses, are allowed in all X districts, subject to compliance with the lot and building regulations of table 3-7 (see also figure 3-2).

TABLE 3-7 — CIVIC BUILDINGS
Regulation MX1 MX2 CX EX
a. Lot
Minimum Lot Area (square feet) 6,000 6,000 6,000 6,000
Minimum Lot Width & Frontage (feet) 50 50 50 50
Maximum Impervious Coverage (%) 55 55 65 80
b. Building Siting
Minimum Principal Building Setbacks (feet)
Front Street 5[1] 5[1] 5[1] 30[1]
Side Street 5[1] 5[1] 5[1] 15[1]
Interior Side 10 10 10 10
Rear 30 30 30 30
c. Maximum Building Height
Principal Building (feet) 45 45 45 45
Accessory Building (feet) 20[2] 20[2] 20[2] 20[2]
d. Parking and Garages
Permitted Location of In-Building Parking Anywhere below grade and in above-grade floors if set back at least 20 ft. from front facade
Permitted Location of Surface Parking Rear yard and side yard (behind principal building setback)

 

[1] Street-facing garage entries must be set back at least 20 feet from the back of the sidewalk or from the street right-of-way, whichever results in a greater setback.
[2] Or height of principal building, whichever is less.

Figure 3-2. Civic Buildings
Figure 3-2. Civic Buildings

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.49), 11-27-2018)