5 thoughts on “Zoning Ordinance Update Community Meeting | January 21, 2016

    1. We will explain the project, the schedule and the types of zoning issues we’ve heard about thus far. Then we plan to ask attendees to join in some small-group breakout discussions focusing on:
      1. Residential neighborhood character
      2. Neighborhood commercial needs/opportunities
      3. Additional housing type options
      4. Nonconformities and common variance requests
      We welcome hearing about other issues and concerns as well.

  1. I do not find in the current city zoning ordinance in-law suite included as a defined accessory use for a home for single family residential zoned neighborhoods. My question is; are attached, detached or contained within a structure in-law suites allowed? I am concerned that larger in-fill homes being built may incorporate at time of building or plans for future accommodation with no specific limitations in the ordinance. A 3 bedroom basement apartment was added to an infill house in my R75 zoned neighborhood. If in-law suites are allowed then it should be defined. DeKalb County’s Zoning Ordinance is written as follows pertaining to in-law suites;

    Attached and detached accessory dwelling units are permitted by right, subject to the following:
    1. The minimum lot size shall be ten thousand (10,000) square feet.
    2. The accessory dwelling unit shall conform to applicable standards of the state and county building
    codes for residential units as principal uses.
    3. The property owner, who shall include titleholders and contract purchasers, must occupy either the
    principal dwelling unit or the accessory dwelling unit as their residence, and possess a Homestead
    Exemption.
    4. The appearance of the accessory dwelling unit shall be similar to that of the principal residence.
    5. Only one accessory dwelling unit of any type shall be permitted on a lot.
    6. Prior to issuance of a building permit for an accessory dwelling unit, an applicant must provide
    evidence to the director of planning showing that existing or proposed septic tank facilities,
    as applicable, are adequate to serve both the principal dwelling and the accessory dwelling unit.
    7. Any detached accessory dwelling unit shall be located in the rear yard.
    8. A second kitchen facility may be constructed and used within a single-family residence.
    9. Paved off-street parking shall be provided for one (1) additional vehicle.
    10. Accessory dwelling units shall not exceed 900 square feet of heated floor area and shall not
    exceed twenty-four (24) feet in height.

    1. Brookhaven’s existing zoning ordinance does not permit accessory dwelling units (aka in-law suites, granny flats, etc.,) in any residential zoning districts. They are allowed only in PC zoning districts. See, for example, Sec. 27-649.14(b)(5).

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