Brookhaven, GA Right to Farm: Agricultural Zoning Protection (2026)

Division 8 of Article VII of the Brookhaven zoning code is titled Agricultural Uses, and its editor's note says the agricultural use category includes community garden uses. Sec. 27-661 is the only use printed in the division; the sections after it are reserved. It defines a community garden as an area managed and maintained by a group of individuals to grow and harvest food crops or non-food crops such as flowers, either divided into separate plots for one or more individuals or farmed collectively by members of the group.

Community gardens can be principal or accessory uses and are subject to seven supplemental regulations. On-site sales of community garden food products are permitted as an accessory use. All equipment must be stored in a completely enclosed building. The site must be designed and maintained to prevent chemical pesticide, fertilizer or other garden waste from draining onto adjacent properties. Trash, recyclable and compost containers must be located and maintained as far as practicable from residential dwelling units on other lots. One sign is allowed, it cannot exceed eight square feet in area, and it must show the name and phone number of the property owner or the owner's agent. The property must be kept free of tall weeds and debris, and dead garden plants must be removed regularly and no later than December 1 of each year. The perimeter of every community garden must be fenced.

Keeping animals is a separate matter handled in the animals chapter. Sec. 5-32 allows domestic fowl, bees and potbellied pigs within the city under its own limits, including a 6,000 square foot minimum lot for domestic fowl, a cap of 25 birds per lot, no roosters, and no more than four hives per one-quarter acre with no more than eight hives on any lot.