Archives for April 2013

Moratorium Text

From 12:01 a.m. on March 27, 2013 until midnight on June 25, 2013, there shall be a complete moratorium on the City’s acceptance, review and processing of any new applications for amendments to the text of the Brookhaven-Peachtree Overlay District, official zoning map amendments, comprehensive land use plan amendments, variances, administrative variances, special exceptions, special land use permits, land disturbance permits, new building permits, new land development permits, new clearing or grading permits, and any and all new permits or licenses related to the development of land for property located within the Brookhaven-Peachtree Overlay District, as specifically described in Brookhaven City Code section 27-728.15.3, within the municipal boundaries of the City of Brookhaven as specifically described in House Bill 636.

This moratorium becomes effective at 12:01 a.m. on March 27, 2013.

This moratorium shall expire at midnight on June 25, 2013, and be of no force and effect, unless shortened or extended by an official action of the City Council of the City of Brookhaven.


The Brookhaven City Council has passed a moratorium on all variance and zoning applications, as well as all building and land use permits, in the Brookhaven-Peachtree Overlay District, effective March 27th.  The intent is to allow time for the City to clarify a few key elements of Overlay District regulations that have been causing confusion for developers and city staff.  Examples are:  what is the definition of a second story?  what is the parking requirement for a stand-alone restaurant?  should parking minimums and maximums be the same number?  what is the residential unit/acre density allowed in Area 1 and Area 2 of the Overlay?

City staff will be studying the issues and proposing modifications to the Planning Commission and City Council within the next month or so.  While the moratorium is declared to last 90 days (until June 25th), the hope is that the modifications will be complete within 60 days so the moratorium can be lifted by the end of May.

The Moratorium text can be found here.