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MEMORANDUM
MEETING OF: August/13/2013 DISTRICT/COMMITTEE:Planning Commission SUBMITTING DEPARTMENT: Community Development

ISSUE/AGENDA ITEM TITLE: RZ13-03: Text Amendment to the City's Zoning Ordinance Related to Building Height, the Maximum Height for Single Family Residences, and Threshold Requirements for Single Family Detached Structures. BACKGROUND/SUMMARY: During a recent Council work session, the staff was authorized to move forward with a text amendment concerning height. As written, the amendment provides a new definition regarding how height is measured, increases the height limit for single family residential from thirty-five (35) feet to forty (40) feet, and eliminates residential threshold requirements. FISCAL IMPACT: (Budgeted over or under)
FINANCIAL IMPACT: None.

STAFF RECOMMENDATION: The staff recommends approval of text amendment RZ13-03. The Planning Commission did not hold the public hearing and recommended deferral to a date certain - August 7, 2013. The City Council opted not to defer the item and held the public hearing and first read on July 23, 2013. The second is scheduled for August 13, 2013. ATTACHMENTS:
ATTACHMENTS: RZ13-03 Text Amendment_Height_7_17_13 heigth public comment cards 7.23 (PDF) (PDF)

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Ordinance (ID # 1099)

Meeting of August 13, 2013

Please see the attached file for a copy of the resolution text in its entirety.

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CITY OF BROOKHAVEN DEKALB COUNTY, STATE OF GEORGIA ORDINANCE 2013 XX XX TEXT AMENDMENT 2013-03
Attachment: RZ13-03 Text Amendment_Height_7_17_13 (1099 : RZ13-03 - Zoning Ordinance Text Amednment)

TEXT AMENDMENT TO THE CITY OF BROOKHAVEN ZONING ORDINANCE RELATING TO HEIGHT AND THRESHOLD

WHEREAS, the City of Brookhaven Mayor and Council are tasked with the protection of the Citys health, safety, and general welfare; and WHEREAS, the City of Brookhaven Zoning Ordinance adapted from the DeKalb County Zoning Ordinance may require policy amendment as a result of residual DeKalb County practices and policies; and WHEREAS, the City of Brookhaven Mayor and Council recognize the benefit of design flexibility; NOW, THEREFORE, be it ordained by the Mayor and Council of the City of Brookhaven, Georgia, and it is hereby ordained by the authority of same, that Chapter 27 of the Code of the City of Brookhaven, also known as the City of Brookhaven Zoning Ordinance, adopted January 15, 2013, is hereby amended as follows:

PART I. Section 27-31 (Definitions) is hereby amended by the deletion of the terms and definitions of Building height and Building height for single family detached dwelling and substituting in lieu thereof a new definition as follows: Building Height as to all structures, with the exception of structures governed under Section 27728.15.12 (f) subparagraph (2), means the vertical distance measured from the grade (the average elevation of the ground on all sides of a building) to the highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof.

PART II. Sections 27-67, 27-87, 27-107, 27-127, 27-147, 27-167, 27-187 27-207, 27-228, 27-247, 27-268, 27-277 (e), 27-280 (e), 27-287, 27-470, 27-481.9, 27-482.10, 27-508, 27-649.14 (d), 27-649.15 (c) (5), and 27-649.16 (g) are hereby amended by the deletion of thirty five (35) feet and substituting in lieu thereof forty (40) feet.

Revised July 17, 2013

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PART III. Section 27-543 is hereby amended by the deletion of the first sentence and substituting in lieu thereof as follows: The maximum height of any building or structure shall not exceed two (2) stories and thirty-five (35) feet with the exception of single family residential which may not exceed forty (40) feet. PART IV. 27-750 (a) is hereby amended by the deletion of subparagraph (a) and substituting in lieu thereof as follows: (a) No new construction of a single-family detached dwelling shall exceed forty (40) feet in height. PART V. Section 27-749 (Elevation of residential thresholds) is hereby deleted in entirety.
Attachment: RZ13-03 Text Amendment_Height_7_17_13 (1099 : RZ13-03 - Zoning Ordinance Text Amednment)

PART VI. EFFECTIVE DATE This ordinance providing for a text amendment and shall become effective upon adoption by the Mayor and City Council.

PART VII. SEVERABILITY Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this ordinance as a whole, nor any part thereof, other than the part so declared to be invalid or unconstitutional.

PART VIII. REPEAL OF CONFLICTING ORDINANCES This ordinance amends the City of Brookhaven Zoning Ordinance, and all other conflicting ordinances or resolutions are hereby repealed, provided that nothing herein shall be construed as repealing the conditions of use, operation, or site development accompany permits lawfully issued under previous ordinances or resolutions, and provided further that modification or repeal of those past conditions of approval may be accomplished as authorized and provided by the requirements of the Zoning Ordinance.

Revised July 17, 2013

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SO ORDAINED AND EFFECTIVE

This

day of

, 2013. APPROVED:

J. Max Davis, Mayor

ATTEST:

APPROVED AS TO FORM:

Susan Hiott, City Clerk (Seal)

William F. Riley, Acting City Attorney

Revised July 17, 2013

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Attachment: RZ13-03 Text Amendment_Height_7_17_13 (1099 : RZ13-03 - Zoning Ordinance Text Amednment)