Principal uses are allowed in accordance with table 7-1.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.141), 11-27-2018)

(a)

Use classification system. Uses are listed in the first column of table 7-1. This zoning ordinance classifies uses into categories and subcategories, as explained in article VII, division 3. In some cases, specific use types are listed in addition to the use categories and subcategories.

(b)

Permitted uses.

(1)

Uses identified with a "●" are permitted as-of-right in the subject zoning district, subject to compliance with any supplemental regulations identified in the final column of table 7-1 and with all other applicable regulations of this zoning ordinance.

(2)

Uses identified with a "◓" are permitted as-of-right in the subject zoning district but only when located above the ground-floor. Such uses are prohibited on the ground-floor.

(c)

Special land use permit approval. Uses identified with "ⓢ" are allowed only if reviewed and approved in accordance with the special land use permit procedures of article 10, division 3 of this chapter.

(d)

Prohibited uses. Uses identified with an "-" are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted (as stated in section 27-577) to fall within any defined use category or subcategory are also prohibited.

(e)

Reference. The final ("Reference") column of table 7-1 includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires approval of a special land use permit. Bracketed numbers also refer to use-specific conditions, which are included as footnotes immediately following the use table.

(f)

Accessory use. Accessory uses are generally not identified by table 7-1. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by special land use permit approval, subject to compliance with all applicable accessory use regulations of article VII, division 11.

;sz=9q;Table 7-1 Notes
[1] Permitted only on lots immediately abutting or directly across the street from R-zoned lots.
[2] Allowed as of right except as follows:
  a. Density of 30.01 to 120 units per acre requires special land use approval in PR-2 and PR-3;
  b. Density of more than 120 units per acre requires special land use approval in PR-1 and is prohibited in PR-2 and PR-3;
  c. No more than 60% of dwelling units in any project may have a floor area of less than 800 square feet.
[3] Live-work units shall have a gross floor area of at least 1,200 square feet, with at least 33% of the overall floor area devoted to the residential dwelling unit. No more than 5 nonresident employees or 5 customers or clients may be on-site at any one time.
[4] Gross floor area may not exceed 5,000 square feet.
[5] Gross floor area may not exceed 50,000 square feet.
[6] Drive-through windows and drive-in service areas associated with restaurant uses are expressly prohibited in PR districts. Accessory drive-through or drive-in service associated with other uses are limited to a maximum of one drive-through order area, one drive-through lane and one drive-through service window.
[7] Multi-unit buildings are allowed in the C-1 district on properties located south of I-85.
[8] Use requires approval through Special Land Use Permit for properties located in the Buford Highway Overlay.
[9] Four+-Household uses shall be secondary and subordinate to other uses allowed within the M (Industrial) district and shall not be located on the ground floor.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.142), 11-27-2018; Ord. No. 2019-12-01, § I(Attch.), 12-10-2019; Ord. No. RZ-2023-06-04, § I, 6-28-2023; Ord. No. 2024-02-01, § I, 2-27-2024)

This division describes the system used to classify principal uses in this zoning ordinance.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.143), 11-27-2018)

This zoning ordinance classifies principal land uses into five major groupings). These major groupings are referred to as "use categories." The use categories are as follows:

(1)

Residential (see article VII, division 4).

(2)

Public and civic (see article VII, division 5).

(3)

Commercial (see article VII, division 6).

(4)

Industrial (see article VII, division 7).

(5)

Agricultural (see article VII, division 8).

(6)

Wireless communication (see article VII, division 9)

(7)

Other (see article VII, division 10).

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.144), 11-27-2018)

Each use category is further divided into more specific "subcategories." Use subcategories classify principal land uses and activities based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.145), 11-27-2018)

Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.146), 11-27-2018; Ord. No. 2019-04-02, § II, 4-23-2019; Ord. No. 2019-05-03, § I(Attch.), 5-28-2019)

(a)

The community development director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.

(b)

When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the community development director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this article. In making such determinations, the community development director shall consider:

(1)

The types of activities that typically occur in conjunction with the use;

(2)

The types of equipment and processes to be used;

(3)

The existence, number and frequency of residents, customers or employees;

(4)

Parking demands or the use; and

(5)

Other factors deemed relevant to a use determination.

(c)

If a use can reasonably be classified in multiple categories, subcategories or specific use types, the community development director is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate "fit."

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.147), 11-27-2018)

Household living is residential occupancy of a dwelling unit by a single household, including, single household, two-household, three-household, four+-household and live-work uses.

(1)

Single-household. One principal dwelling unit on a single lot, which may also include an accessory dwelling unit, if allowed by the subject zoning district.

(2)

Two-household. Two principal dwelling units on a single lot.

(3)

Three-household. Three principal dwelling units on a single lot.

(4)

Four+-household. Four or more principal dwelling units on a single lot. Four+-household uses may be subject to the supplemental workforce housing regulations of section 27-588(6).

(5)

Live-work. A building or space within a building used jointly for residential and nonresidential uses allowed within the subject zoning district.

(6)

Workforce housing.

a.

Mandatory minimum. Whenever the city approves a special land use permit for or the rezoning of property, and such property is subsequently developed with a residential housing project, the developer shall be required to restrict at least ten percent of the dwelling units in the residential housing project as workforce housing.

b.

Density. Workforce housing units provided to meet mandatory requirements or incentive-based workforce housing provisions shall not be counted as dwelling units for purpose of calculating the maximum allowable density allowed on the subject property,

c.

Required agreements. Workforce housing units provided to meet mandatory minimum requirements or qualify for workforce housing incentives shall be restricted for occupancy as workforce housing units for at least 20 years. Deed restrictions or other binding agreements governing the design, location and restricted occupancy of workforce housing units shall be provided in a form approved by the city attorney.

(7)

Varying unit sizes.

a.

Purpose. The standards of this section are intended to:

1.

Increase the accessibility of residential development and construction to a range of households,

2.

Encourage visual uniqueness and architectural variation, and

3.

Promote inclusionary development undominated by a single dwelling unit type or size within a narrow range of price points and densities.

b.

Applicability. The standards outlined in this section shall apply to all building and development activities of the following land uses:

1.

A development containing townhomes,

2.

A reconfiguration plat containing 4 or more R-zoned lots, and

3.

A cottage courtyard development.

c.

Standards. The development design shall be required to provide for a variety of residential unit sizes.

1.

A minimum of 50 percent of the total planned dwelling units shall vary in size from the other dwelling units by at least 500 square feet.

2.

A maximum of 50 percent of the total planned dwelling units may have the same number of bedrooms.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.148), 11-27-2018; Ord. No. 2022-09-03, § I, 9-27-2022; Ord. No. RZ2023-12-10, § I, 12-19-2023)

Group living is residential occupancy of a building or any portion of a building by a group other than a household. Tenancy is arranged on a long-term (at least 30-day) basis. Buildings or spaces occupied by group living uses contain individual rooms with private or shared bathroom facilities and may also contain shared kitchen facilities, and/or common dining and living areas for residents. Residents may or may not receive any combination of care, training, or treatment, but those receiving such services shall reside at the site.

(1)

Assisted living. An establishment registered with the State of Georgia as an assisted living home.

(2)

Nursing home. An establishment providing inpatient, skilled nursing and rehabilitative services to patients who require health care but not hospital services. Care is ordered by and under the direction of a physician.

(3)

Personal care home. The use of a dwelling unit to provide or arrange for the provision of housing, food service, and one or more personal services, including watchful oversight, for two or more adults who are not related to the owner or administrator by blood or marriage. "Personal services" include assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming and dressing. Personal care homes do not provide skilled nursing or other medical services or admit and retain residents who need continuous medical or nursing care.

(4)

Shelter, temporary. The provision of overnight housing and sleeping accommodations for persons who have no permanent residence and are in need of temporary, short-term housing assistance, and in which may also be provided meals and social services including counseling services. Temporary shelters in the RM-14 district are limited to a maximum capacity of six persons, not counting staff.

(5)

Transitional housing. The provision of long-term but not permanent living accommodations for persons who have no permanent residence and are in need of long-term housing assistance. Transitional housing in the RM-14 district is limited to a maximum capacity of six persons, not counting staff.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.149), 11-27-2018)

Lands and facilities for the interment of humans or domestic household pets, including columbariums and mausoleums.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.150), 11-27-2018)

The use of a building or lot by a membership-based organization that restricts access to its facility to bona fide, dues-paying members and their occasional guests and in which the primary activity is a service not carried on as a business enterprise. Private clubs and lodges are characterized by definite membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws. Examples include country clubs and fraternal organizations.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.151), 11-27-2018)

Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.152), 11-27-2018)

An area at ground level or on a building, licensed by the federal government or an appropriate state agency and approved for the loading, landing, and takeoff of helicopters.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.153), 11-27-2018)

Uses providing medical or surgical care to patients and offering inpatient (overnight) care.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.154), 11-27-2018)

Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art or library collections of books, manuscripts and similar materials operated by a public or quasi-public agency.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.155), 11-27-2018)

(a)

Definition. Buildings used for conducting organized religious services. Examples include synagogues, temples, mosques and churches.

(b)

Supplemental regulations. The following supplemental regulations apply to religious assembly uses:

(1)

Any uses, buildings or structures operated in conjunction with a religious assembly use are allowed only in zoning districts where those ancillary uses are allowed. Such uses shall comply with all applicable zoning regulations, including any requirement for obtaining approval of a special land use permit.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.157), 11-27-2018)

Establishments that provide fire, police or life protection services, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.158), 11-27-2018)

Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory, state-mandated education.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.159), 11-27-2018)

(a)

Minor. Infrastructure services that require location in or very near the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/broadcast facilities.

(b)

Major. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include high-voltage electric substations, utility-scale power generation facilities and utility-scale water storage facilities, such as water towers and reservoirs.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.160), 11-27-2018)

Uses that provide goods and services for care of animals, including the following specific use types:

(1)

Definitions.

a.

Boarding. The keeping of and care for any number of companion animals for remuneration or profit. Typical uses include boarding kennels, pet resorts/hotels, doggy or pet day care facilities, foster care homes, dog training centers and animal rescue shelters. Any building or structure in which animals are kept or exercised shall be set back at least 100 feet from any R-zoned lot.

b.

Grooming. Grooming of companion animals, including dog bathing and clipping salons and pet grooming shops. No outside animal runs or kennels are allowed unless located in a zoning district that permits boarding, in which case the regulations that apply to animal boarding shall be met.

c.

Veterinary. Animal hospitals and veterinary clinics staffed by veterinarians. No outside animal runs or kennels are allowed unless located in a zoning district that permits boarding, in which case the regulations that apply to an animal boarding shall be met.

(2)

Development standards.

a.

All animal service uses shall provide animal waste management plans to ensure animal waste is properly discharged per chapter 25 of the local ordinance and in compliance with all applicable state and federal regulations. Animals waste management plans shall be reviewed during the permitting process.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.161), 11-27-2018; Ord. No. Z2024-04-03, (TA24-02), 4-25-2024)

Buildings and other facilities that accommodate public assembly for spectator-oriented sports, amusement, or entertainment events. Typical uses include event centers, theaters and cinemas.

(1)

Small. Assembly and entertainment uses with a seating or occupant capacity of no more than 250 persons.

(2)

Large. Assembly and entertainment uses with a seating or occupant capacity of more than 250 persons.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.162), 11-27-2018)

Uses in an enclosed building that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses. Schools and other training facilities that involve outdoor work or training activities are classified as industrial services.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.163), 11-27-2018)

Uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.

(1)

Consumer maintenance and repair service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business). Typical uses include tailors, taxidermists, dressmakers, shoe repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Business that offer repair and maintenance service for large equipment or technicians who visit customers' homes or places of business are classified as an "industrial service."

(2)

Laundry facilities. A commercial laundering establishment which cleans clothing, carpeting, drapes, and other cloth or synthetic fiber materials. Such establishments may also include self-service laundering facilities.

a.

Development standards.

1.

Limits of disturbance for this use shall be prohibited within 75-feet of a state waters feature. The 75-foot distance threshold shall be measured from the point of wrested vegetation or the outer edge of a seawall adjoining a state waters feature. See also section 27-1092.

(3)

Personal service. Uses that provide personal support and improvement services. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas. Also includes uses involved in providing tattoos, piercing and similar forms of body art.

(4)

Studio or instructional service. Uses that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.164), 11-27-2018; Ord. No. RZ-2023-06-04, § I, 6-28-2023)

(a)

Definition. Uses providing care and supervision for children or adults away from their primary residence for less than 24 hours per day.

(1)

Small day care. A day care use for six or fewer individuals.

(2)

Large day care. A day care use for seven or more individuals.

(b)

Supplemental regulations. The following supplemental regulations apply to day care uses. Unless otherwise expressly stated, the regulations apply to small and large day cares.

(1)

All small day care uses shall provide at least 30 square feet of indoor activity area and at least 100 square feet of outdoor activity area per enrollee, based on maximum capacity.

(2)

No more than 50 percent of the floor area of a dwelling unit may be used for an allowed day care use.

(3)

All required outdoor activity areas for all day care uses shall be enclosed by a fence or wall at least four feet in height.

(4)

No dwelling unit in which a day care use is conducted may be modified to alter its appearance as a residential building. This provision is expressly intended to prohibit the posting of exterior signs or graphics on the property.

(5)

New day care uses may not be established in RS, RSA or RM districts if located within 1,000 feet of another day care use.

(6)

All day care uses shall comply with applicable off-street parking regulations and provide safe vehicle turnaround areas on the subject lot.

(7)

No permit allowing the operation of a day care use may be issued until the applicant has provided proof that all required state permits have been obtained.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.165), 11-27-2018)

An establishment that serves food or beverages for on- or off-premises consumption as its principal business.

(1)

Restaurant. An establishment that serves food or beverages for on- or off-premises consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafés, cafeterias, ice cream/yogurt shops, donut shops and coffee shops.

(2)

Bar. Uses that cater primarily to adults, 21 years of age and older and that sell and serve beer, wine or alcoholic liquor for on-premises consumption as their principal business. Typical uses include bars, taverns, brewpubs, tasting rooms and nightclubs.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.166), 11-27-2018)

Uses related to the exchange, lending, borrowing and safe-keeping of money. Automatic teller machines, kiosks and similar facilities that do not have on-site employees or amplified sound are not classified as financial service uses if they meet the criteria for classification as an accessory use (see article VII, division 11). Typical examples of financial service use types are federally chartered banks, credit unions, convenient cash businesses and pawnshops:

(1)

Convenient cash business. A check cashing establishment, precious metal broker other substantially similar business.

a.

Check cashing establishment. An establishment licensed by the State of Georgia pursuant to O.C.G.A. § 7-1-700 et seq. Check cashing establishments are subject to the following supplemental regulations:

1.

Lots on which check cashing establishments are located shall have frontage on an arterial street.

2.

New check cashing establishments are prohibited within 1,000 feet of an existing check cashing establishment or pawn shop.

3.

Check cashing establishments shall operate as an independent principal use and not be combined with any other use.

b.

Precious metal broker. An establishment engaged in whole or in part in the business of buying gold, precious metals or jewelry.

(2)

Pawnshop. An entity engaged in whole or in part in the business of lending money on the security of pledged goods (as that term is defined in O.C.G.A. § 44-12-130(5)), or in the business of purchasing tangible personal property on a condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as part of or in conjunction with the business activities described in this definition.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.167), 11-27-2018)

Uses that provide services related to the death of a human or companion animal, including funeral homes and mortuaries.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.168), 11-27-2018)

Uses that provide temporary overnight sleeping accommodations or lodging for guests paying a fee or other form of compensation for a period of less than 30 consecutive days. Lodging uses sometimes provide food or entertainment, primarily to registered guests. Lodging use types include: bed and breakfast inns, hotels and motels and short-term rentals.

(1)

Bed and breakfast inn. A lodging establishment in a detached house in which the resident owner/operator offers accommodations and meal service to overnight guests for compensation. Unless otherwise approved through approval of a special land use permit, the following supplemental regulations apply to bed and breakfast inns:

a.

The length of stay in for guests in a bed and breakfast inn may not exceed seven continuous days, and guests may not re-register for at least 30 days from the termination of their previous stay.

b.

The bed and breakfast inn shall be occupied by the owner or renter of the principal dwelling unit.

c.

The minimum lot area required for a bed and breakfast use is 20,000 square feet. The detached house in which the use is located shall have floor area of at least 2,500 square feet.

d.

No separate kitchen facilities are allowed.

e.

At least one off-street parking space shall be provided for each bedroom in bed and breakfast inn.

f.

The residential character of the dwelling shall be maintained.

g.

Meals may be served only to members of the household occupying the principal dwelling unit and to registered guests of the bed and breakfast inn.

h.

Business and accounting records of the facility shall be made available to the city upon request to verify compliance with regulations.

(2)

Hotel or motel. A lodging establishment other than a bed and breakfast inn or short-term rental. Guest rooms in hotels are accessed via internal corridors, while motels provide access directly from the exterior to each guest room.

(3)

Short-term rental. The use of an owner-occupied residential dwelling unit or portion of such dwelling unit for lodging. The following supplemental regulations apply to short-term rentals:

a.

Permit required.

1.

Applicants shall be limited to owner-occupiers who have owned the subject property for more than a year and are receiving a current homestead exemption through DeKalb County.

2.

No property authorized by this subsection for short term rentals may list or rent the property for such use for more than 180 days per calendar year.

3.

No owner of property within the jurisdiction of the City of Brookhaven may advertise, offer, operate, rent or otherwise make available, or allow any other person to make available for occupancy or use a short-term rental without a short-term rental permit. Advertise or offer includes through any media, whether written, electronic, web-based digital, mobile, or otherwise.

4.

A short-term rental permit shall not be issued to any business entity, including but not limited to: partnerships, limited liability partnerships, limited liability company, or personal and family trusts.

6.

An owner shall only maintain one short-term rental permit at any time. Owner shall not maintain any financial interest in more than one short-term rental within the City of Brookhaven.

b.

Application for permit. Prior to use of a property as a short-term rental, and annually thereafter, an application for a short-term rental permit must be submitted to the department of community development. Such application shall include:

1.

The name, address, telephone and email address of the owner(s) of record of the dwelling unit for which a certificate is sought;

2.

The name, address and telephone numbers of any other natural persons that hold any financial interests in the short-term rental;

3.

The address of the dwelling unit to be used as a short-term rental;

4.

The name, address, telephone number and email address of the short-term rental agent, which shall constitute their 24-hour contact information;

If the rental agent changes, the property owner shall notify the city within five business days.

5.

The name of which marketplace facilitator(s) the applicant intends to contract with or contracts with for short-term rental of the applicant's property.

If the applicant/owner changes the marketplace facilitator for the short-term rental property, the applicant/owner must notify the city of the change and new marketplace facilitator.

6.

The number of bedrooms and the applicable overnight and daytime occupancy limit of the unit;

7.

The number and location of parking spaces allotted to the premises;

8.

Proof of insurance for the property to be used as a short-term rental;

9.

The owner's agreement to use their best efforts to assure that use of the premises by short-term rental occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties;

10.

The owner's sworn acknowledgement that they have received a copy of this section and all other laws pertaining to short-term rentals, have reviewed such laws, and understands their requirements;

11.

Any other information that this chapter requires the owner to provide to the city as part of an application for a short-term rental permit. The department of community development shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this chapter.

12.

Application fees shall be as established by the city council.

c.

Operational regulations.

1.

All short-term rentals shall be subject to excise tax pursuant to chapter 24 of the Code of the City of Brookhaven. The owner shall comply with all provisions of chapter 24 of the Municipal Code concerning transient occupancy taxes, including, but not limited to, the monthly submission of a list of completed reservations and all payouts, transactions, and excised taxes that month for each short-term rental. The monthly return shall be filed each month regardless of whether the short-term rental unit was rented or not during each such month.

2.

All short-term rentals shall be subject to nuisance and noise regulations pursuant to chapter 16 of the Code of the City of Brookhaven.

3.

Any canopies or tents larger than 10 feet by 10 feet are prohibited from use at short-term rental locations.

4.

Each owner and agent or representative of any owner shall provide the enforcement official with access to each short-term rental and the books, records, documents, papers, tax returns, and bank accounts at any time during normal business hours as the enforcement official may determine are necessary or convenient for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled.

d.

Reissuance/revocation of permit.

1.

All short-term rental permits must be renewed on an annual basis.

2.

The city manager or their designee shall conduct a reasonable search of the city's records to determine if the applicant's property has been the subject of two or more citations for a violation of the Code of the city in the preceding calendar year. If the search reveals two or more citations, without regard to a finding of adjudication of guilt, the permit shall not be renewed.

e.

Transferability and cap.

1.

Upon change of property ownership, the permit shall expire and the property shall not be used as a short-term rental until the new or successor owner is issued a short-term rental permit for the property.

2.

Short-term rentals shall be limited to five percent of the residential parcels within each city council district. Holders of a short-term rental permit before October 24, 2023 ("pre-existing permit") that seek renewal of a pre-existing permit shall not be denied on the grounds that issuance of the permit will exceed the per-district maximum cap limitation. When a transfer of property title occurs for a parcel with a pre-existing permit(s), a new application from the transferee/grantee shall not be denied on the grounds that the issuance of the permit(s) will exceed the per-district maximum cap limitation if the transferee/grantee applies for the new short-term vacation rental permit within six months from the date of title transfer.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.169), 11-27-2018; Ord. No. 2019-04-02, § II, 4-23-2019; Ord. No. 2019-07-03, § I(Attch.), 7-23-2019; Ord. No. RZ-2023-10-06, § I, 10-24-2023; Ord. No. 2025-02-03, § 1,  2-25-2025)

Personal health services including prevention, diagnosis and treatment services for humans, as provided by physicians, dentists, nurses and other health personnel. Medical service uses are performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists, physical therapists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, blood banks and kidney dialysis centers, unless otherwise expressly indicated.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.170), 11-27-2018)

Uses that focus on providing executive, management, administrative and professional services other than those included in the medical service use subcategory. Also includes broadcast and recording studios and uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.171), 11-27-2018)

Parking that is not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A facility that provides both accessory parking and non-accessory parking is classified as non-accessory parking.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.172), 11-27-2018)

Uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.173), 11-27-2018)

(a)

Defined. Sexually oriented businesses are adult bookstores, adult video stores, adult cabarets, adult motion picture theaters, semi-nude model studios, or sexual device shops, as those terms are defined in section 15-497 of this Code.

(b)

Supplemental regulations.

(1)

Purpose. It is a purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

(2)

Findings and rationale.

a.

Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the city council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Jacksonville Property Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); Artistic Entertainment, Inc. v. City of Warner Robins, 331 F.3d 1196 (11th Cir. 2003); Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Williams v. Pryor, 240 F.3d 944 (11th Cir. 2001); Williams v. A.G. of Alabama, 378 F.3d 1232 (11th Cir. 2004); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2002); Boss Capital, Inc. v. City of Casselberry, 187 F3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); This That And The Other Gift and Tobacco, Inc. v. Cobb County, 285 F.3d 1319 (11th Cir. 2002); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); 5634 E. Hillsborough Ave., Inc. v. Hillsborough County, 2007 WL 2936211 (M.D. Fla. Oct. 4, 2007), aff'd, 2008 WL 4276370 (11th Cir. Sept. 18, 2008) (per curiam); Fairfax MK, Inc. v. City of Clarkston, 274 Ga. 520 (2001); Morrison v. State, 272 Ga. 129 (2000); Flippen Alliance for Community Empowerment, Inc. v. Brannan, 601 S.E.2d 106 (Ga. Ct. App. 2004); Oasis Goodtime Emporium I, Inc. v. DeKalb County, 272 Ga. 887 (2000); Chamblee Visuals, LLC v. City of Chamblee, 270 Ga. 33 (1998); World Famous Dudley's Food & Spirits, Inc. v. City of College Park, 265 Ga. 618 (1995); Airport Bookstore, Inc. v. Jackson, 242 Ga. 214 (1978); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Starship Enters. of Atlanta, Inc. v. Coweta County, No. 3:09-CV-123, R. 41 (N.D. Ga. Feb. 28, 2011); High Five Investments, LLC v. Floyd County, No. 4:06-CV-190, R. 128 (N.D. Ga. Mar. 14, 2008); 10950 Retail, LLC v. Fulton County, No. 1:06-CV-1923, R. 62 Order (N.D. Ga. Dec. 21, 2006); 10950 Retail, LLC v. Fulton County, No. 1:06-CV-1923, R. 84 Contempt Order (N.D. Ga. Jan. 4, 2007); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); Goldrush II v. City of Marietta, 267 Ga. 683 (1997); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?" Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois - 2011-12; Manatee County, Florida - 2007; Hillsborough County, Florida - 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008; Memphis, Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky - 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999-2003; Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997; Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995-98, 1979; Tucson, Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York Times Square - 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Law Enforcement and Private Investigator Affidavits (Pink Pony South, Forest Park, GA, and Adult Cabarets in Sandy Springs, GA), the city council finds:

b.

Sexually oriented businesses, as a subcategory of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.

c.

Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.

d.

Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the city's rationale for this section, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the city's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the city. The city finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.

e.

The city hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.

(3)

Prohibited locations. It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in the city that is located:

a.

Within 100 feet of another sexually oriented business; or

b.

Within 300 feet of a residential district, religious assembly use, park, or public library.

(4)

Measurements.

a.

Measurement of the required spacing between sexually oriented businesses shall be made in a straight line without regard to intervening structures or objects, between the closest points on the property lines of the two sexually oriented businesses.

b.

Measurement of the required spacing between a sexually oriented business and a residential district, religious assembly use, park, or public library shall be made in a straight line without regard to intervening structures or objects, from the closest part of the structure containing the sexually oriented business to the closest point on the boundary line of the residential district or the closest point on the property line of the religious assembly use, park, or public library.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.174), 11-27-2018)

Provision of sports or recreation primarily by and for participants. (Spectators are incidental). Examples include bowling alleys, health clubs, skating rinks, billiard parlors, miniature golf courses, batting cages, and go-cart tracks.

(1)

Indoor. Participant sports and recreation uses conducted entirely within buildings.

(2)

Outdoor. Participant sports and recreation uses conducted wholly or partially outside of buildings.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.175), 11-27-2018)

(a)

Definitions. Fuel stations are uses engaged in retail sale of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses.

(b)

Supplemental regulations.

(1)

Applicability. The following supplemental regulations shall apply whenever a fuel station meets one or more of the following conditions, unless otherwise specified:

a.

A new fuel station is proposed;

b.

An existing fuel station increases pumping capacity through the addition of hoses and/or pumps;

c.

The site of an existing fuel station is expanded in size or reconfigured to allow such expansion.

(2)

Development standards.

a.

Location

(i)

There shall be a minimum distance of 500 feet measured from the nearest points between property lines of a proposed fuel station and any existing fuel station located on the same side of the road.

b.

Minimum Frontage and Area. No fuel stations shall be constructed or expanded on a lot that does not meet the minimum lot width & frontage and minimum lot area requirements.

c.

Siting.

(i)

Front setback.

i.

The principal building shall maintain a front setback between 5-feet and 20-feet from the back edge of the pedestrian zone.

ii.

The Community Development Director is authorized to determine which line is the front lot line on lots with multiple frontages.

(ii)

The principal building shall be designed to provide a visual screen of fuel pumps from the pedestrian zone of the highest classified street.

d.

Design.

1.

Transparency.

i.

At minimum, 35 percent of each exterior building facade shall be covered by windows or transparent, glazed elements.

ii.

The Brookhaven Arts and Culture Commission shall be authorized to waive up to 25 of the 35 percent transparency requirement to allow installation of one contiguous mural affixed to an exterior building facade that directly faces and is fully visible from a public right-of-way, a pedestrian streetscape zone, or a publicly accessible open space area.

2.

Materials.

i.

Exterior building materials excluding architectural accents, windows and other glazed elements, or roofing, shall be primarily brick, wood, stucco, or stone. Masonry shall wrap corners to avoid appearance of being applied.

ii.

Architectural metals, including architectural metal panels, architectural metal cladding, metal mesh, and perforated metal, textured concrete masonry, cementitious fiberboard, or EIFS siding may be used as exterior building materials, but shall not constitute the majority of any side of a building.

3.

Building massing.

i.

Every building shall reduce its perceived height and bulk by dividing the building mass into smaller scale components. Building walls exceeding 80 continuous linear feet shall utilize offsets, such as projections, recesses, changes in floor level, or other distinctive changes in the building facade.

e.

Stream buffer.

1.

Limits of disturbance for this use shall be prohibited within 75-feet of a state waters feature. The 75-foot distance threshold shall be measured from the point of wrested vegetation or the outer edge of a seawall adjoining a state waters feature. See also Section 27-1092.

(c)

Permitting requirements.

(1)

In addition to all regular requirements of regular permitting and/or a Special Land Use Permit, the following documentation must be submitted during the Special Land Use Permit Process or permitting process:

a.

Traffic Impact Analysis;

b.

Phase I Environmental Site Assessment;

c.

Documentation demonstrating that all gasoline bulk storage containers on site meet all current Federal and State Environmental Protection regulations.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.176), 11-27-2018; Ord. No. RZ-2023-06-04, § I, 6-28-2023)

Editor's note— Ord. No. RZ-2023-06-04, § I, adopted June 28, 2023, amended the title of § 6-36 to read as herein set out. The former § 6-36 title pertained to vehicles sales and service.

(a)

Defined.

(1)

Vehicle sales. Uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. Note: the sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals.

(2)

Vehicle rentals. Uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. Note: the rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals.

(b)

Supplemental regulations.

(1)

Applicability. The following supplemental regulations shall apply whenever a vehicle sales or rental use meets one or more of the following conditions:

a.

A new vehicle sales or rental use is proposed;

b.

An existing vehicle sales or rental use increases their facilities to increase number of cars stored on property;

c.

The site of an existing vehicle sales or rental use is expanded in size or reconfigured to allow such expansion.

(2)

Development standards.

a.

Paved parking surfaces. All surfaces where vehicles are stored or displayed for sale, rental or lease and all parking areas shall be paved. All parking areas shall be in compliance with the Landscaping and Screening Requirements of Article IX.

b.

Storage and inoperable vehicles. No outside storage of parts or parking of non-operable vehicles or vehicles with body damage shall be permitted.

c.

Unloading zone. The establishment shall provide space on the lot devoted specifically and exclusively for automobile or other vehicle loading and unloading, as approved by the Community Development Director. It shall be unlawful to load or unload automobiles or other vehicles intended for sale, lease, rental, service, or repair at the facility within the right-of-way of any public street. It shall be unlawful to park cars within or otherwise encroach upon the designated and approved loading or unloading zone except for loading and unloading operations.

d.

Display of vehicles. The maximum number of vehicles for sale or rent stored on site shall be restricted by the available spaces on site that are in excess of the required parking spaces established in Sec. 27-744.

e.

Design.

1.

Transparency.

(i)

At minimum, 35 percent of each exterior building facade shall be covered by windows or transparent, glazed elements.

(ii)

The Brookhaven Arts and Culture Commission shall be authorized to waive up to 25 of the 35 percent transparency requirement to allow installation of one contiguous mural affixed to an exterior building facade that directly faces and is fully visible from a public right-of-way, a pedestrian streetscape zone, or a publicly accessible open space area.

2.

Materials.

(i)

Exterior building materials excluding architectural accents, windows and other glazed elements, or roofing, shall be primarily brick, wood, stucco, or stone. Masonry shall wrap corners to avoid appearance of being applied.

(ii)

Architectural metals, including architectural metal panels, architectural metal cladding, metal mesh, and perforated metal, textured concrete masonry, cementitious fiberboard, or EIFS siding may be used as exterior building materials, but shall not constitute the majority of any side of a building.

3.

Building massing.

(i)

Every building shall reduce its perceived height and bulk by dividing the building mass into smaller scale components. Building walls exceeding 80 continuous linear feet shall utilize offsets, such as projections, recesses, changes in floor level, or other distinctive changes in the building facade.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.180), 11-27-2018; Ord. No. RZ-2023-06-04, § I, 6-28-2023)

(a)

Defined.

(1)

Vehicle maintenance and repair, minor. Uses that repair, install or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Typical examples include oil-change shops, muffler shops, tire shops, and auto repair shops providing motor and mechanical repair services.

(2)

Vehicle maintenance and repair, major. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means. Typical examples include body and paint shops.

(b)

Supplemental regulations.

(1)

Applicability. The following supplemental regulations shall apply whenever a vehicle maintenance and repair use meets one or more of the following conditions:

a.

A new vehicle maintenance and repair use is proposed;

b.

An existing vehicle maintenance and repair use increases their facilities;

c.

The site of an existing vehicle maintenance and repair use is expanded in size or reconfigured to allow such expansion.

(2)

Location.

a.

There shall be a minimum distance of 500 feet measured from the nearest points between property lines of vehicle maintenance and repair uses.

(3)

Development standards.

a.

Paved parking surfaces. All surfaces where vehicles are stored or displayed and all parking areas shall be paved. All parking areas shall be in compliance with the Landscaping and Screening Requirements of Article IX.

b.

Storage and inoperable vehicles. No outside storage of parts or parking of non operable vehicles or vehicles with body damage shall be permitted.

c.

Service bays. If the establishment provides for the servicing or repair of vehicles, service bays with overhead doors shall not be located on the front building facade of a building unless provisions are made for screening them from view from the front property line. Service bay must have the ability to be enclosed and must be closed once car enters.

d.

Unloading zone. The establishment shall provide space on the lot devoted specifically and exclusively for automobile or other vehicle loading and unloading, as approved by the Community Development Director. It shall be unlawful to load or unload automobiles or other vehicles intended for sale, lease, rental, service, or repair at the facility within the right-of-way of any public street. It shall be unlawful to park cars within or otherwise encroach upon the designated and approved loading or unloading zone except for loading and unloading operations.

e.

Design.

1.

Transparency.

(i)

At minimum, 35 percent of each exterior building facade shall be covered by windows or transparent, glazed elements.

(ii)

The Brookhaven Arts and Culture Commission shall be authorized to waive up to 25 of the 35 percent transparency requirement to allow installation of one contiguous mural affixed to an exterior building facade that directly faces and is fully visible from a public right-of-way, a pedestrian streetscape zone, or a publicly accessible open space area.

2.

Materials.

(i)

Exterior building materials excluding architectural accents, windows and other glazed elements, or roofing, shall be primarily brick, wood, stucco, or stone. Masonry shall wrap corners to avoid appearance of being applied.

(ii)

Architectural metals, including architectural metal panels, architectural metal cladding, metal mesh, and perforated metal, textured concrete masonry, cementitious fiberboard, or EIFS siding may be used as exterior building materials, but shall not constitute the majority of any side of a building.

3.

Building massing.

(i)

Every building shall reduce its perceived height and bulk by dividing the building mass into smaller scale components. Building walls exceeding 80 continuous linear feet shall utilize offsets, such as projections, recesses, changes in floor level, or other distinctive changes in the building facade.

f.

Wastewater and recycled water.

1.

Wastewater from all automobile wash services shall be pretreated in accordance with the DeKalb County Department of Watershed Management (DWM) standards prior to being drained into the public sanitary sewer as may be approved by DeKalb County Department of Watershed Management and Brookhaven Department of Community Development.

2.

All new commercial car washes constructed after [effective date of ordinance] where the car moves on a conveyor belt or moves via mechanical means during the wash must install an operational recycled water system that captures, and reuses water previously used in wash or rinse cycles. The recycled water system must recycle a minimum of 50 percent of water utilized by the commercial car wash.

g.

Stream buffer.

1.

Limits of disturbance for this use shall be prohibited within 75-feet of a state waters feature. The 75-foot distance threshold shall be measured from the point of wrested vegetation or the outer edge of a seawall adjoining a state waters feature. See also section 27-1092.

(Ord. No. RZ-2023-06-04, § I, 6-28-2023)

A building, dedicated space within a building (that constitutes at least 50% of the floor area within a building), or group of structures used to house a large group of computer systems and associated components, such as telecommunications and data processing systems, to be used for the remote storage, processing, or distribution of large amounts of data. Examples of such data include, but are not limited to, computationally-intensive applications such as blockchain technology, cryptocurrency mining, weather modeling, genome sequencing, etc. Such facilities may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support operations. Sometimes referred to as a "Data Center," "Data Processing Facility," "Data Storage Center," "Server Farm," "High Density Load Service," "Cryptocurrency Mine," or similar.

(a)

Applicability. The following supplemental regulations shall apply to all data processing use(s) meeting one or more of the following criteria:

(1)

Location of a new data processing use;

(2)

Expansion of an existing data processing use within a building or site;

(3)

Expansion of a building or site containing an existing data processing use.

(b)

Development standards.

(1)

Location. All equipment and structures associated with data processing uses shall be a minimum of fifty (50) feet from the property line.

(2)

Stream buffer. Structures associated with use shall be prohibited within 200-feet of a state waters feature. The 200-foot distance threshold shall be measured from the point of wrested vegetation or the outer edge of a seawall adjoining a state waters feature.

(3)

Design.

a.

Transparency.

i.

At minimum, 35 percent of each exterior building facade shall be covered by windows or transparent, glazed elements.

ii.

The Brookhaven Arts and Culture Commission shall be authorized to waive up to 25 of the 35 percent transparency requirement to allow installation of one contiguous mural affixed to an exterior building facade that directly faces and is fully visible from a public right-of-way, a pedestrian streetscape zone, or a publicly accessible open space area.

b.

Materials.

i.

Exterior building materials excluding architectural accents, windows and other glazed elements, or roofing, shall be primarily brick, wood, stucco, or stone. Masonry shall wrap corners to avoid appearance of being applied.

ii.

Architectural metals, including architectural metal panels, architectural metal cladding, metal mesh, and perforated metal, textured concrete masonry, cementitious fiberboard, or EIFS siding may be used as exterior building materials, but shall not constitute the majority of any side of a building.

c.

Building massing. Every building shall reduce its perceived height and bulk by dividing the building mass into smaller scale components. Building walls exceeding 80 continuous linear feet shall utilize offsets, such as projections, recesses, changes in floor level/roof line, or other distinctive changes in the building facade.

d.

Screening. In order to minimize visibility from adjacent roads and adjacent properties, ground level and roof top mechanical equipment and loading areas shall be screened in accordance with Chapter 27, Article IX.

(Ord. No. 2024-02-01, § I, 2-27-2024)

Uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers.

(1)

Artisan. Uses involved in the creation of art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking/loading, but which may include retail sales of goods produced on on-site.

(2)

Limited. Uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, ice manufacturing, mattress manufacturing and assembly, microbreweries, micro distilleries, musical instrument manufacturing, newspaper printing and binderies.

(3)

General. Uses that process, fabricate, assemble, or treat materials for the production of large equipment and machines as well as fabrication and production uses that because of their scale or method of operation regularly produce odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond the property lines of the subject property. Common examples include dairy products manufacturing, foundries, chrome plating, crematoriums, electroplating, fiberglass manufacturing, flour mills and paper products manufacturing. Uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts are prohibited.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.177), 11-27-2018; Ord. No. 2024-02-01, § I, 2-27-2024)

Uses engaged in the maintenance, repair or servicing of industrial, business or consumer machinery. Examples include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning and similar building maintenance services; welding shops; machine shops; heavy truck servicing and repair; publishing and lithography; redemption centers; laundry, dry-cleaning, and carpet cleaning plants; photofinishing laboratories and maintenance and repair services that are not otherwise classified.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.178), 11-27-2018; Ord. No. 2024-02-01, § I, 2-27-2024)

A building or open area where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, or handled for reclamation, disposal or other similar purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.180), 11-27-2018; Ord. No. RZ-2023-06-04, § I, 6-28-2023; Ord. No. 2024-02-01, § I, 2-27-2024)

Uses involved in the storage or movement of goods for themselves or other firms or the sale, lease, or rental of goods primarily intended for industrial, institutional, or commercial businesses.

(a)

Equipment and materials storage, outdoor. Uses related to outdoor storage of equipment, products or materials, whether or not stored in containers.

(b)

Self-service storage. An enclosed use that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses. Facilities are designed and used to accommodate interior access to storage lockers.

(1)

Supplemental regulations. The following supplemental regulations shall apply whenever a self-service storage use meets one or more of the following conditions:

a.

A new self-service storage use is proposed;

b.

An existing self-service storage use increases their facilities;

c.

The site of an existing self-service storage is expanded in size or reconfigured to allow such expansion;

(2)

Development standards.

a.

Location. A new or expanded self-storage facility shall be located a minimum of 500 feet measured from the nearest points between property lines of self-storage facility uses (mini or multi).

b.

Design.

1.

Transparency.

(i)

At minimum, 35 percent of each exterior building facade shall be covered by windows or transparent, glazed elements.

(ii)

The Brookhaven Arts and Culture Commission shall be authorized to waive up to 25 of the 35 percent transparency requirement to allow installation of one contiguous mural affixed to an exterior building facade that directly faces and is fully visible from a public right-of-way, a pedestrian streetscape zone, or a publicly accessible open space area.

2.

Materials.

(i)

Exterior building materials excluding architectural accents, windows and other glazed elements, or roofing, shall be primarily brick, wood, stucco, or stone. Masonry shall wrap corners to avoid appearance of being applied.

(ii)

Architectural metals, including architectural metal panels, architectural metal cladding, metal mesh, and perforated metal, textured concrete masonry, cementitious fiberboard, or EIFS siding may be used as exterior building materials, but shall not constitute the majority of any side of a building.

3.

Building massing. Every building shall reduce its perceived height and bulk by dividing the building mass into smaller scale components. Building walls exceeding 80 continuous linear feet shall utilize offsets, such as projections, recesses, changes in floor level, or other distinctive changes in the building facade.

(c)

Trucking and transportation terminals. Uses engaged in the sales, rental, dispatching or long-term or short-term storage of large trucks, buses, construction equipment agricultural equipment and similar large vehicles, including parcel service delivery vehicles, taxis and limousines. Also includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary on-site storage of those items.

(d)

Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods and that do not meet the definition of "self-service storage" use or a "trucking and transportation terminal."

(e)

Wholesale sales and distribution. Uses engaged in the wholesale sales, bulk storage and distribution of goods. Such uses may also include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, monument sales, and portable storage building sales.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.179), 11-27-2018; Ord. No. RZ-2023-06-04, § I, 6-28-2023; Ord. No. 2024-02-01, § I, 2-27-2024)

(a)

Defined. Areas that are managed and maintained by a group of individuals to grow and harvest food crops or non-food crops (e.g., flowers). A community garden area may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group.

(b)

Supplemental use regulations. Community gardens may be principal or accessory uses and are subject to the following supplemental use regulations:

(1)

On-site sales of community garden food products is permitted as an accessory use.

(2)

All equipment shall be stored in a completely enclosed building.

(3)

The community garden site shall be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste from draining on to adjacent properties.

(4)

On-site trash, recyclable and compost containers shall be located and maintained as far as practicable from residential dwelling units located on other lots.

(5)

One sign is allowed on lots on which an allowed community garden use is located. Such signs may not exceed eight square feet in area and shall include the name and phone number of the property owner or the owner's agent.

(6)

The property shall be maintained free of tall weeds and debris. Dead garden plants shall be regularly removed and, in any instance, no later than December 1 of each year.

(7)

The perimeter of all community gardens shall be fenced.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.181), 11-27-2018)

The equipment and network components necessary to provide wireless communications service, excluding the underlying wireless support structure. The term includes antennas, accessory equipment, transmitters, receivers, base stations, power supplies, cabling and associated equipment necessary to provide wireless communications services.

(1)

Carrier on wheels. A portable self-contained wireless facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

(2)

Co-location. The placement or installation of wireless communication facilities on existing structures, including electrical transmission towers, water towers, buildings and other structures customarily used for and capable of structurally supporting the attachment of wireless communication facilities in compliance with all applicable codes and regulations.

(3)

Concealed wireless facility. Any wireless communication facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed to camouflage or conceal the presence of antennas or towers so that the purpose of the facility or wireless support structure is not apparent to a casual observer.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.182), 11-27-2018)

A freestanding structure, such as a monopole or tower, designed to support wireless communication facilities.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.183), 11-27-2018)

(a)

Purpose. The supplemental wireless communications facility regulations of this section are intended to provide for the public health, safety and welfare by ensuring that residents, businesses and public safety operations in Brookhaven have reliable access to telecommunications networks and state of the art mobile broadband communications services while also ensuring that this objective is accomplished in accordance with the overall purposes of this article.

(b)

State and federal law. The supplemental wireless communication facility regulations of this section shall be applied within the constraints of state and federal law, the federal Telecommunications Act of 1996 and Section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012.

(c)

Where allowed. Wireless communication facilities are allowed in accordance with table 7-1. In addition, the following activities are permitted as of right in all districts:

(1)

Removal or replacement of transmission equipment on an existing wireless support structure that does not result in a substantial modification of the wireless communication facility;

(2)

Ordinary maintenance of existing wireless communication facilities and wireless support structures; and

(3)

Distributed antenna systems when located within a building or on the exterior of a building.

(d)

General regulations.

(1)

Except as otherwise expressly stated, wireless support structure shall be set back from all property lines a distance that is at least equal to its engineered fall zone.

(2)

Wireless facilities or wireless support structures may not be illuminated or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

(3)

Signs located at the wireless communication facility are limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by government regulation. Any other commercial message is strictly prohibited.

(4)

Accessory equipment, including any buildings, cabinets or shelters, may be used only to house equipment and other supplies in support of the operation of the wireless communication facility or wireless support structure. Any equipment not used in direct support of such operation may not be stored on the site.

(5)

Ground-mounted accessory equipment and wireless support structures shall be secured and enclosed with a fence not less than six feet in height.

(e)

Removal of abandoned antenna and towers. Any wireless support structure that is not actively used by wireless carriers for a continuous period of six consecutive months will be considered abandoned, and the owner of the wireless support structure shall remove it within 60 days of receiving written notice from the city. The city shall ensure and enforce removal by means of its existing regulatory authority, with costs of removal charged to the owner.

(f)

Existing towers and antennas. Wireless telecommunication facilities lawfully existing on or before the effective date specified in section 27-4, are allowed to remain in place and continue in use and operation. Ordinary maintenance and co-location is permitted, provided than any substantial modification requires review and approval in accordance with the special and use permit procedures of article X, division 3 of this chapter.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.184), 11-27-2018)

A use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use. See also article VIII, division 9 of this chapter.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.185), 11-27-2018)

(a)

Accessory uses allowed. Accessory uses are allowed only in connection with lawfully established principal uses.

(b)

Allowed uses. Allowed accessory uses are limited to those expressly regulated in this section as well as those that, in the determination of the community development director, satisfy all of the following criteria:

(1)

They are customarily found in conjunction with the principal use of the subject property;

(2)

They are subordinate and clearly incidental to the principal use of the property; and

(3)

They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use.

(c)

Time of construction and establishment. Accessory uses may be established only after the principal use of the property is in place.

(d)

Location. Accessory uses shall be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.

(e)

Accessory buildings and structures.

(1)

Applicable regulations.

a.

Accessory buildings and structures are subject to the same regulations that apply to principal uses and structures on the subject lot, unless otherwise expressly stated.

b.

Accessory buildings attached to the principal building by a breezeway, passageway or similar means are considered part of the primary structure and are subject to the lot and building regulations that apply to the principal building.

c.

Accessory buildings attached by structures less than 30 inches in height or less (e.g., patios, walks, decks without railing) are not considered part of the primary structure and are subject to accessory building and structure regulations.

(2)

Building separation. Accessory buildings shall be separated by a minimum distance of ten feet from the principal building on the lot, unless the accessory building is located entirely within the principal building setbacks, in which case no separation is required. Structures less than 30 inches in height are not subject to building separation requirements.

(f)

Exemptions for detached single dwellings. Each lot used or zoned for detached single dwellings are permitted one accessory building or structure up to 120 square feet which is not subject to subsection (e) above.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.186), 11-27-2018; Ord. No. 2019-11-03, § I(Attch.), 11-26-2019)

(a)

Amateur radio service antennas and supporting towers are expressly allowed as permitted accessory uses in RS and RSA zoning districts provided that no such antenna, including any support upon which it is mounted may exceed a combined height of 70 feet. Amateur radio service antennas exceeding 70 feet in height may be approved through the special land use permit procedures of article X, division 3 of this chapter.

(b)

All amateur radio service antenna structures shall be set back a distance of at least one-half the height of the tower structure from all property lines.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.187), 11-27-2018)

(a)

General.

(1)

Private (restricted-access) electric-vehicle (EV) charging stations are permitted as accessory uses in all zoning districts.

(2)

Public EV charging stations are permitted as accessory uses to allowed nonresidential uses in all zoning districts.

(3)

At least five percent of required minimum off-street parking in all new developments located in RM, commercial, employment, mixed use, master planned development, or Peachtree Road districts and all new developments designated as residential housing projects shall be electric vehicle parking spaces equipped with electric vehicle charging stations.

a.

No development shall be required to install more than 25 electric vehicle charging stations, provided that at least 10% of the minimum off-street parking requirement in excess of 500 spaces may be installed for future installation of Electric Vehicle Supply Equipment (EVSE) to include the following:

1.

Include a raceway, which is continuous from the branch circuit/feeder panel location to the future electric vehicle parking space;

2.

The raceway shall be a minimum of one inch in size; and,

3.

The EVSE infrastructure raceway shall include a pull rope or line installed for future conductor installation, with the raceway sealed and labeled for future use.

b.

When a development uses secured or gated parking spaces to satisfy the minimum off-street parking requirement, at least five percent of the secured parking spaces and at least five percent of the public parking spaces shall be electric vehicle parking spaces equipped with electric vehicle charging stations.

(4)

All new single-family dwellings (attached or detached) shall provide EVSE infrastructure to accommodate future installation of EVSE. Said EVSE infrastructure shall:

a.

Include a raceway, which is continuous from the branch circuit/feeder panel location to the future electric vehicle parking space;

b.

The raceway shall be a minimum of one inch in size; and,

c.

The EVSE infrastructure raceway shall include a pull rope or line installed for future conductor installation, with the raceway sealed and labeled for future use.

(5)

All electric vehicle charging stations and EVSE infrastructure shall be installed per the requirements of the construction and technical codes referenced in chapter 7, buildings and construction, of the code of the city.

(b)

Parking.

(1)

Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements in accordance with section 27-776.

(2)

Public electric vehicle charging stations shall be reserved for parking and charging electric vehicles. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other vehicle.

(c)

Equipment.

(1)

Vehicle charging equipment shall be designed and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.

(2)

Wheel stops, bollards, or similar device shall be installed to separate vehicles from EVSE.

(d)

Posted information.

(1)

Information shall be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.

(2)

Public electric vehicle charging stations shall be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.

(e)

Maintenance. Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning or other problems are encountered.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.188), 11-27-2018; Ord. No. 2019-07-02, § I(Attch.), 7-23-2019; Ord. No. 2025-04-01, 1(Attch.),  4-22-2025)

(a)

General. Geothermal energy systems are permitted as an accessory use in all zoning districts.

(b)

Location.

(1)

Geothermal energy systems shall be located entirely within the lot lines of the subject property or within appropriate easements.

(2)

No portion of a geothermal energy system may be located within a stream or stream buffer.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.189), 11-27-2018)

(a)

Purpose. The home occupation regulations of this section are intended to allow residents to engage in customary home-based work activities, while also helping to ensure that neighboring residents are not subjected to adverse operational and land use impacts (e.g., excessive noise or traffic or public safety hazards) that are not typical of residential neighborhoods.

(b)

Type A and type B home occupations. Two types of home occupations are defined and regulated under this section:

(1)

Type A home occupations. Type A home occupations are those in which household residents use their home as a place of work, with no employees, customers or clients coming to the site.

(2)

Type B home occupations. Type B home occupation are those in which household residents use their home as a place of work and either one nonresident employee or customers come to the site.

(c)

Exemptions.

(1)

Personal care homes. Personal care homes are not permitted as home occupations and are not subject to the home occupation regulations of this section. Personal care homes are allowed as indicated in table 7-1.

(2)

Day care. Residence-based day care uses are not permitted as home occupations and are not subject to the home occupation regulations of this section. Day care uses are allowed only as indicated in table 7-1.

(3)

Bed and breakfast inn. Bed and breakfast inns are not permitted as home occupations and are not subject the home occupation regulations of this section. Bed and breakfasts are allowed only as indicated in table 7-1.

(4)

Short-term rentals. Short-term rentals are not permitted as home occupations and are not subject the home occupation regulations of this section. Short-term rentals are allowed only as indicated in table 7-1.

(d)

Prohibited home occupations. The following uses are expressly prohibited as home occupations:

(1)

Any type of assembly, cleaning, maintenance or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators);

(2)

Dispatch centers or other businesses where employees come to the site and are dispatched to other locations;

(3)

Equipment or supply rental businesses;

(4)

Taxi, limo, van or bus services;

(5)

Tow truck services;

(6)

Firearms sales establishment;

(7)

Eating or drinking places;

(8)

Funeral or interment services;

(9)

Animal care, grooming or boarding businesses; and

(10)

Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building.

(e)

Where allowed.

(1)

Type A home occupations. Type A home occupations are permitted as of right as an accessory use to a principal use in the household living use category, subject to issuance of an administrative permit in accordance with the procedures of article X, division 9 of this chapter. Type A home occupations are subject to the general regulations of subsection (f) and all other applicable regulations of this section. More than one type A home occupation is allowed as an accessory use, but the general regulations of subsection f apply to the combined home occupation uses.

(2)

Type B home occupations. Type B home occupations may be approved as an accessory use to a principal use in the household living use category only as expressly stated in subsection (g). Type B home occupations are subject to the general regulations of subsection (f), the supplemental regulations of subsection (g) and all other applicable regulations of this section. Multiple type B home occupations are prohibited as an accessory use to a household living use, and a type A home occupation may not be conducted with a type B home occupation.

(f)

General regulations. All type A and type B home occupations are subject to the following general regulations:

(1)

Home occupations shall be accessory and secondary to the use of a dwelling unit for residential purposes. They may not change the character of the residential building they occupy or adversely affect the character of the surrounding neighborhood. Home occupations may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts to that are not typical of a residential neighborhood in Brookhaven. Home occupations shall be operated so as not to create or cause a nuisance.

(2)

Any tools or equipment used as part of a home occupation shall be operated in a manner or sound-proofed so as not to be audible beyond the lot lines of the subject property.

(3)

External structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.

(4)

Home occupations and all related activities, including storage (other than the lawful parking or storage of vehicles), shall be conducted entirely within the dwelling unit.

(5)

The area devoted to the conduct of all home occupations present on the property is limited to 25 percent of the dwelling unit's floor area or 650 square feet, whichever is less.

(6)

No window display or other public display of any material or merchandise is allowed.

(7)

The use or storage of hazardous substances is prohibited, except at the "consumer commodity" level, as that term is defined in 49 C.F.R. Section 171.8.

(8)

Only passenger automobiles, passenger vans and passenger trucks may be used in the conduct of a home occupation. No other types of vehicles may be parked or stored on the premises. This provision is not intended to prohibit deliveries and pickups by common carrier delivery vehicles (e.g., postal service, united parcel service, Fed Ex, et al.) of the type typically used in residential neighborhoods.

(g)

Use permits and supplemental regulations for type B home occupations.

(1)

Type B home occupations are allowed only if reviewed and approved in accordance with the special land use permit procedures of article X, division 3 of this chapter, provided that instruction, teaching or tutoring of no more than two students at one time does not require approval of a special land use permit, but instead requires issuance of an administrative permit in accordance with he procedures of article X, division 9 of this chapter.

(2)

One nonresident employee is allowed with a Type B home occupation if no customers come to the site at any time. Home occupations that have clients, customers or students coming to the site at any time may not have nonresident employees. For the purpose of this provision, the term "nonresident employee" includes an employee, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.190), 11-27-2018)

(a)

Applicability. The outdoor storage regulations of this section apply to the storage of goods, materials and equipment as an accessory use to commercial or industrial use types when located outside of enclosed buildings, including:

(1)

Merchandise or material in boxes, in crates, or on pallets;

(2)

Garden supplies, plants, lawn mowers, barbecues and other similar items intended for consumer sales and use;

(3)

Overnight storage of vehicles awaiting repair (not including new vehicles for sale);

(4)

Construction and contractor's equipment;

(5)

Fleet vehicles; and

(6)

Construction material such as lumber, pipe, steel and unpackaged soil, mulch, recycled material or similar items.

(b)

Regulations. Outdoor storage is allowed only in CX, EX, C-1, C-2 and M districts and only when screened from view from street rights-of-way and R-zoned properties (See section 27-928).

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.191), 11-27-2018)

(a)

The composting of landscape waste (including grass clippings, leaves, and chipped brush) and food waste (including discarded fruits, vegetables, and grains) is an allowed accessory use in residential zoning districts, subject to the regulations of this section.

(b)

Only landscape waste generated from plants grown and maintained on the subject lot may be composted. This provision is not intended to prohibit property owners from adding "outside" materials or ingredients to speed or enhance decomposition.

(c)

Only food waste resulting from food preparation or consumption by residents of the subject lot and their visitors may be composted. This provision is not intended to prohibit property owners from adding "outside" materials or ingredients to speed or enhance decomposition. Meat products are prohibited in residential compost bins.

(d)

All food waste shall be placed within rodent-resistant compost bins, which are prohibited in front and rear yards and shall be set back at least ten feet from all lot lines.

(e)

Landscape waste compost piles may not exceed 125 cubic feet in volume, and may not exceed five feet in height.

(f)

Landscape waste compost piles shall be set back at least ten feet from all lot lines. Landscape waste compost piles that are not contained within a rodent-resistant compost bin shall be set back at least 30 feet from all dwelling units on abutting lots.

(g)

Only animal waste from herbivores is allowed within compost piles or bins.

(h)

Burning of compost piles is not allowed.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.192), 11-27-2018)

(a)

Applicability. Satellite dish antennas are subject to compliance with the regulations of this section.

(b)

Location.

(1)

In RS, RSA and R3 districts, satellite dish antennas shall be located in the rear yard or on the rear of the principal building. If usable communication signals cannot be obtained from the rear location, the satellite dish antenna may be located in the side yard or on the side of the principal building. If usable satellite television communication signals cannot be received by locating the antenna to the rear or side of the principal building, the antenna may be placed in the front yard or on the front-facing roof of the principal building, provided that (a) the dish diameter does not exceed 18 inches and (b) the community development department director's approval is obtained prior to such installation. The community development department director is authorized to approve a front yard location only upon a showing by the applicant that usable communication signals are not receivable from any location on the property other than the location selected by the applicant.

(2)

In all districts other than RS, RSA and R3 districts, satellite dish antennas may be located anywhere upon a building or within the buildable area of the lot, subject to applicable zoning district setback regulations.

(c)

Other regulations.

(1)

In all RS, RSA and R3 districts, satellite dish antennas may not exceed 36 inches in diameter.

(2)

A ground-mounted satellite dish antenna may not exceed 20 feet in height including any platform or structure upon which the antenna is mounted or affixed.

(3)

Roof-mounted satellite dish antenna may not exceed the height of the elevation of the ridge line of the principal structure.

(4)

If usable satellite signals cannot be obtained from an antenna installed in compliance with the height limitations imposed by this section, such satellite dish antennas may be installed at a greater height, provided that the height is approved by the community development department director. The community development department director is authorized to approve a greater height upon a showing by the applicant that installation at a height greater is necessary for the reception of usable communication signals.

(5)

All satellite dish antennas shall comply with all manufacturers' specifications, be located on non-combustible and corrosion-resistant material, and be erected in a secure, wind-resistant manner.

(6)

All satellite dish antennas shall be adequately grounded for protection against a direct strike of lightning pursuant to the requirements of the city electrical code.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.193), 11-27-2018)

(a)

General.

(1)

Accessory solar energy systems shall comply with all applicable building ordinance and electrical code requirements.

(2)

Owners of accessory solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements shall be recorded with the county recorder of deeds.

(b)

Building-mounted solar energy systems.

(1)

Building-mounted solar energy systems may be mounted on principal and accessory structures.

(2)

All applicable setback regulations apply to building-mounted solar energy systems.

(3)

Only building-integrated and/or flush-mounted solar energy system may be installed on street-facing building elevations.

(4)

Solar energy systems may not extend more than three feet above the applicable maximum building height limit or more than four feet above the highest point of the roof line, whichever is less.

(c)

Ground-mounted solar energy systems.

(1)

In residential zoning districts, ground-mounted solar energy systems may not be located in a required street setback or street yard.

(2)

Ground-mounted solar energy systems may be located within required interior side and rear setbacks.

(3)

Ground-mounted solar energy systems are subject to applicable accessory structure height and impervious coverage regulations.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.194), 11-27-2018; Ord. No. RZ2023-12-10, § I, 12-19-2023)

Editor's note— Ord. No. RZ2023-12-10, § I, adopted December 19, 2023, repealed the former § 27-704, and renumbered former §§ 27-705, 27-506 as §§ 27-704, and 27-705, as herein set out. The former § 27-704 pertained to secondary suites and derived from Ord. No. RZ-2018-11-06, § I, Exh. A(27.194), 11-27-2018.

(a)

Swimming pools are considered accessory structures, with setbacks measured from the decking or other part of the pool structure nearest the applicable lot line.

(b)

Accessory swimming pools may be approved only after receipt of written approval from the board of health.

(c)

Pool heaters and pumps shall comply with accessory structure setback requirements.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.196), 11-27-2018; Ord. No. 2019-05-03, § I(Attch.), 5-28-201; Ord. No. RZ2023-12-10, § I, 12-19-2023; Ord. No. 2025-04-01, 1(Attch.),  4-22-2025)

(Formerly § 27-706)

(a)

Unless otherwise expressly stated in this zoning ordinance, temporary buildings are prohibited in all zoning districts.

(b)

Temporary buildings may be used in conjunction with ongoing construction work during the time that a valid permit is in place for such construction. Such temporary buildings require approval from the community development director and shall be removed when the construction has been completed.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.197), 11-27-2018)

Portable storage containers may be parked or stored on any lot when used in conjunction with a valid, unexpired permit. When not associated with a valid permit, portable storage containers may not be parked or stored in an R zoning district for more than 15 consecutive days or a total of more than 30 days during any calendar year.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.198), 11-27-2018)

Temporary outdoor sales of merchandise may be authorized in any X, C or M district upon approval of an administrative permit by the community development director pursuant to article X, division 9 of this chapter. Such temporary sales activities are subject to the following regulations:

(1)

Any applicant for a permit for temporary outdoor sales of merchandise shall provide written authorization from the subject property owner to use the property for temporary outdoor sales of merchandise.

(2)

No such temporary outdoor sales of merchandise may be conducted on public property, within any public right-of-way, and no display or sales area may be located within 50 feet of the street.

(3)

No temporary outdoor sales of merchandise may be approved for a time period exceeding three consecutive days.

(4)

No administrative permit for temporary outdoor sales of merchandise may be approved for the same lot for a total of more than six days in any calendar year.

(5)

Except as authorized by the administrative permit for temporary outdoor sales of merchandise, all other sales of merchandise shall be conducted within a permanent building that has a floor area of at least 300 square feet and that complies with the requirements of this zoning ordinance, chapter 7, and all other applicable provisions of the municipal code.

(6)

No temporary buildings or tents may be permitted in connection with the temporary outdoor sales of merchandise.

(7)

All displays and equipment shall be removed nightly.

(8)

No operator, employee or representative may solicit directly to the motoring public.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.199), 11-27-2018)

Temporary outdoor sales of seasonal goods, such as sale of plants, flowers, farm produce, Christmas trees, and pumpkins may be authorized in X, NS, C or M district upon approval of an administrative permit by the community development director pursuant to article X, division 9 of this chapter. Such temporary seasonal sales activities are subject to the following regulations:

(1)

Any applicant for a permit for temporary outdoor sales of seasonal goods shall provide written authorization from the subject property owner to use the property for temporary outdoor sales of seasonal goods.

(2)

No temporary outdoor sales of seasonal goods may be conducted on public property or within any public right-of-way.

(3)

No temporary outdoor sales of seasonal goods may be approved for a time period exceeding 45 consecutive days.

(4)

No administrative permit for temporary outdoor sales of seasonal goods may be approved for the same lot for a total of more than 90 days in any calendar year.

(5)

Temporary outdoor sales of seasonal goods may be permitted only on lots that have adjacent to them hard surface parking with a curb cut.

(6)

No operator, employee or representative may solicit directly to the motoring public.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.200), 11-27-2018)

(a)

Temporary outdoor social, entertainment, recreation or other events of general public interest may be authorized upon approval of an administrative permit by the community development director pursuant to article X, division 9 of this chapter. Decisions to grant or deny an administrative permit for a temporary outdoor event shall be based on consideration of at least the following factors:

(1)

The duration, hours of operation and activity levels proposed as part of the event;

(2)

Whether the proposed location is of adequate size to accommodate the proposed event considering any other activities programmed for or that regularly occur on the subject site;

(3)

Whether provisions have been made for safe and adequate parking and transportation access for the event; and

(4)

Whether adequate waste disposal, recycling and public sanitation facilities will be provided for the event.

(b)

All temporary outdoor events are subject to the following regulations:

(1)

No temporary event may be approved for a time period exceeding 14 consecutive days.

(2)

No temporary event may be approved for the same lot for a total of more than 14 days in any calendar year.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.201), 11-27-2018)

Donation boxes, as well as the property owners and occupants on whose property a donation box is located and the sponsoring organizations and charitable organizations receiving the benefit of donated items, shall adhere to the following regulations:

(a)

When a donation box is visible from street rights-of-way or from R-zoned properties, the donation box shall be screened as follows:

(1)

Minimum screening shall consist of an opaque fence six feet in height; and

(2)

The screening fence may be painted by an artist as a decorative fence, subject to review and approval by the Brookhaven Arts and Culture Commission.

(b)

Donation boxes shall not impede walkways, sidewalks, or driveways.

(c)

Donation boxes are limited to two per property. The donation box or the screening fence shall be clearly marked with the name, telephone number, and email address of the sponsoring organization or charitable organization receiving the benefit of the donated items.

(d)

All donated items must be collected and stored in the donation box itself. Donated items and materials shall not be placed or left outside of donation boxes. The area surrounding each donation box shall be maintained and shall be kept free of liter and debris by the property owner or occupant on whose property the donation box is located.

(e)

Sponsoring organizations and charitable organizations receiving the benefit of the donated items shall adhere to the following minimum regulations:

(1)

Emptying of donation boxes and retrieval of the donated items must occur at least one time per week; and

(2)

Donation boxes must be enclosed and sealed on all sides and must be covered with a lid that closes.

(Ord. No. RZ-2023-06-07, § I, 6-28-2023)