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Brookhaven City Zoning Code

ARTICLE IV.

COMMERCIAL AND EMPLOYMENT DISTRICTS

Sec. 27-260. - District list.

The city's commercial and employment zoning districts are listed in table 4-1. Whenever this zoning ordinance refers to "commercial" zoning districts or "employment" zoning districts, it is referring to these districts.

TABLE 4-1 — COMMERCIAL & EMPLOYMENT DISTRICTS
Symbol Commercial/Employment 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

 

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.50), 11-27-2018)

Sec. 27-261. - District descriptions.

(a)

NS, Neighborhood Shopping district. The NS district is primarily intended to accommodate small- to moderate-scale retail and service uses that serve surrounding neighborhoods.

(b)

C-1, Local Commercial. The C-1 district is primarily intended to accommodate retail and service uses that serve multiple neighborhood areas.

(c)

C-2, General Commercial district. The C-2 district is primarily intended to accommodate retail and service uses with a citywide or larger market area.

(d)

O-I, Office-Institution district. The O-I district is primarily intended to accommodate public, civic, institutional and office uses, as well as supporting retail and service uses.

(e)

O-D, Office-Distribution district. The O-D district is primarily intended to accommodate office, warehouse and distribution uses.

(f)

O-C-R, Office-Commercial-Residential district. The O-C-R district is primarily intended to accommodate office, retail, service and residential uses and to promote reuse of existing buildings.

(g)

M, Industrial district. The M district is primarily intended to provide areas suitable for manufacturing, assembly, wholesaling, warehousing, and other industrial activities.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.51), 11-27-2018)

Sec. 27-272. - Use regulations.

Uses are allowed in commercial and employment districts in accordance with the use regulations of article VII.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.52), 11-27-2018)

Sec. 27-283. - Allowed building types.

Allowed uses in commercial and employment districts may occupy any building type allowed in the subject zoning district, as indicated in table 4-2.

TABLE 4-2 — ALLOWED BUILDING TYPES
Building Type Districts Regulations
NS
C-1
C-2
O-I
O-D
M
O-
C-
R
● = permitted   - = prohibited
Detached House - - Article IV, Division 4
Attached House - - Article IV, Division 4
Two-flat - - Article IV, Division 4
Three-flat - - Article IV, Division 4
Multi (4+)-unit -[2] -[1] Article IV, Division 4
Commercial House Articel IV, Division 4
Shopfront Articel IV, Division 4
General Articel IV, Division 4
Civic Articel IV, Division 4

 

[1] Multi-unit buildings are allowed in the O-I district, but only if approved in accordance with the special land use permit procedures of Article X, Division 3.

[2] Multi-unit buildings are allowed in the C-1 district on properties located south of I-85.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.53), 11-27-2018; Ord. No. 2019-12-01, § I(Attch.), 12-10-2019)

Sec. 27-294. - 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 section 27-79).

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
Minimum Lot Width & Frontage (feet) 80 100 100 100 150 100 100
Maximum Impervious Coverage (%) 80 80 80 80 80 80 80
b. Building Siting
Minimum Principal Building Setbacks (feet)
Front Street [1] 15 15 15 15 15 15
Side Street [1] 15 15 15 15 15 15
Interior Side [2] 20[3] 20[3] 20[3] 20[3] 20[3] 20[3]
Rear [3] 30 30 30 30 40 30
Minimum Accessory Building & Accessory Structure Setbacks (feet)
Front Street — — — — Permitted in rear yard only — — — —
Side Street [1] 50 50 50 50 20 20
Interior Side [2] 10 10 10 10 10 10
Rear [4] 10[5] 10[5] 10[5] 10[5] 10[5] 10[5]
c. Maximum Building Height
Principal Building (stories/feet) 2/30 2/35[6][9] 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
Maximum Building Floor Area 25,000 No absolute maximum. Subject to compliance with all other applicable regulations.
e. Transition Buffers (See Article IV, Division 2)
Minimum Buffer Depth Abutting R-Zoned Lot (ft.) 25 50 50 50 50 50 50

 

[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.
[6] Greater building heights may be approved through the special land use permit procedures of Article X, Division 3.
[7] 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.
[8] Detached houses subject to maximum building height limit of 40 feet.
[9] Multi-unit, shopfront, and general buildings located on C-1 zoned lots south of I-85 may be up to eight stories in height. Parking decks accessory to such buildings may not exceed eight stories in height.

Figure 4-1. Buildings in Commercial & Employment Districts
Figure 4-1. Buildings in Commercial & Employment Districts

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.54), 11-27-2018; Ord. No. 2019-05-03, § I(Attch.), 5-28-2019; Ord. No. 2019-12-01, § I(Attch.), 12-10-2019)

Sec. 27-325. - Accessory uses and structures.

See article VII.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.55), 11-27-2018)

Sec. 27-326. - Parking and garages.

See article VIII.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.56), 11-27-2018)

Sec. 27-327. - Landscaping and screening.

See article VII.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.57), 11-27-2018)