Brookhaven, GA Zoning Overlays & Bonuses: Density Bonus Law (2026)

The incentive sits in division 2 of article V of chapter 27, the /BHO Buford Highway Overlay of the City of Brookhaven, Georgia. Section 27-386(a) says developers are entitled, as of right, to one additional story of building height for each ten percent of workforce housing units provided in excess of any applicable mandatory minimum requirements. Bonus height can exceed the underlying district's height limit but cannot exceed the maximum height limits set by section 27-388.

Section 27-386(b) authorizes the planning commission to recommend and the city council to approve other incentives for projects that exceed applicable mandatory minimums, and it names fee waivers, expedited permitting and financial assistance.

Section 27-388 fixes the ceilings. South of I-85, hospitals, medical office and health service buildings, general office and hotels on O-I, OCR, M or X-zoned lots can reach 20 stories. Residential buildings on O-I, OCR or X-zoned lots south of I-85 can reach eight stories, and parking decks accessory to those uses cannot exceed eight stories. Other buildings can exceed their district height through the special land use permit procedures of article 10, division 3. Subsection (c) applies the same permit route to density: residential and mixed-use buildings in the /BHO district can exceed the maximum applicable density limit of the underlying zoning district if approved through those procedures.

The Peachtree Road side has a parallel program. Section 27-474 in the PR districts gives one story of bonus height for restricting at least 20 percent of housing units on the site as workforce housing units, available for attached houses, walk-up buildings, shopfront buildings and general buildings. The units must stay restricted for at least 20 years under deed restrictions or agreements in a form approved by the city attorney. One story is also available for setting aside at least 20 percent of a site of one acre or more as publicly accessible open space. The TOD height bonus in section 27-475 needs a special land use permit and at least 25 percent publicly accessible open space.