City of Brookhaven
Georgia

Ordinance
ORD-2017-08-05

TA17-16 an Ordinance to Amend Section 27-1443 Places of Worship; Convents; Monasteries; Temporary Religious Meetings; General Requirements, Chapter 27, of the Code of the City of Brookhaven

Information

Department:Community DevelopmentSponsors:
Category:Text Amendment

RESOLUTION/ORDINANCE

STATE OF GEORGIA

COUNTY OF DEKALB

CITY OF BROOKHAVEN                                                        ORDINANCE 2017___________

 

 

AN ORDINANCE TO AMEND SECTION 27-1443 PLACES OF WORSHIP; CONVENTS; MONASTERIES; TEMPORARY RELIGIOUS MEETINGS; GENERAL REQUIREMENTS, OF THE CODE OF THE CITY OF BROOKHAVEN

 

 

WHEREAS,              Section 1.03(b)(25) of the Charter of the City of Brookhaven grants the City of Brookhaven the power to provide comprehensive planning and regulation through zoning and subdivision requirements to ensure a safe, healthy, and aesthetically pleasing community; and

 

WHEREAS,              the Mayor and City Council find that amendments to the current regulations related to places of worship are necessary to ensure the protection of property owners within the city while allowing improvements to existing developments.

 

BE IT ORDAINED by the Mayor and Council of the City of Brookhaven, Georgia and it is hereby ordained by the authority of same:

 

SECTION I:

Section 27-1443, Places of worship; convents; monasteries; temporary religious meetings; general requirements, is amended to read as follows:

 

Sec. 27-1443. - Places of worship; convents; monasteries; temporary religious meetings; general requirements.

The following subsections shall apply to places of worship, convents and monasteries and their related uses, as defined within this Code:

(1)              When located in a residential district, any building or structure established in connection with places of worship, monasteries or convents shall be located at least 75 feet from any property line, except where the adjoining property is zoned for nonresidential use, the setback for any building or structure shall be no less than 20 feet for a side-yard setback and no less than 30 feet for a rear-yard setback.

(2)              When located in a residential district, the required setback from any property line that adjoins a street right-of-way shall be the front-yard setback for the applicable residential district.

(3)              When located in a residential district, the parking areas and driveways for any such uses shall be located at least 20 feet from the boundaries of any property line, with a visual screen, e.g., a six-foot fence or sufficient vegetation established within that area.

(4)              Places of worship, convents and monasteries in residential districts shall be located on a minimum lot area of three acres and shall have frontage of at least 100 feet along a public street.

(5)              The establishment of sites and tents for temporary religious meetings requires the grant of a special administrative permit by the community development director. Such tents or sites for any specific location may not be used for a cumulative period of more than 14 days during any calendar year.

(6)              Any uses, buildings or structures operated by a place of worship that are not specifically included within the definition of place of worship must fully comply with the applicable zoning district regulations, including, but not limited to, any requirement for a special land use permit.

(7)              Any use, building or structure operated by a place of worship that is included within the definition of a place of worship must comply with the applicable supplemental regulations found in sections 27-1408 through 27-1467.

(Ord. No. 2014-09-03, § I(27-768), 9-23-2014)

 

SECTION II:

 

Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.

 

SECTION III:

 

Repeal of Conflicting Provisions: All ordinances, part of ordinances, maps, or regulations in conflict herewith are repealed.

 

SECTION IV:

             

Effective Date: This ordinance shall be effective immediately upon adoption.

 

SO ORDAINED, this _______day of ______________, 2017.

 

                                                                                                 

Approved by:                                                                                    Approved as to Form and Content

 

 

 

                                                                                                                                                                                     

John Arthur Ernst Jr., Mayor                                                        Christopher Balch, City Attorney             

 

 

Attest:

 

 

                                                                                   

Susan Hiott, City Clerk                                                                      SEAL

 

Meeting History

Aug 2, 2017 7:00 PM Video Planning Commission Regular Meeting

Ms. Abaray stated staff recommended approval of the text amendment as presented.

There were no comment cards in support or opposition, and board discussion opened and closed.

Commissioner Cameron motioned to approve TA17-16, and Commissioner Funny seconded. The vote was unanimously approved.

RESULT:RECOMMENDED FAVORABLY [UNANIMOUS]
MOVER:Shannon Cameron
SECONDER:John Funny
AYES:Stan Segal, Shannon Cameron, John Funny, Bert Levy, Conor Sen, Michael Diaz
ABSENT:Madeleine Simmons
Aug 22, 2017 7:00 PM Video City Council Regular Meeting
RESULT:APPROVED [UNANIMOUS]
MOVER:John Park, District 2
SECONDER:Linley Jones, District 1
AYES:Linley Jones, John Park, Bates Mattison, Joe Gebbia