City Council to Consider Charter Amendment

The Brookhaven City Council will consider Tuesday a charter amendment that would allow it to pass new ordinances on the same day it first considers them.

As it currently stands, the council can pass a new ordinance but it's not officially enacted – with few exceptions – until it's read twice by the council and residents are given time to comment at those meetings, which must begin not less than 24 hours or more than 60 days apart.

The charter amendment was first read May 14 and first adopted May 28. It will be up for second adoption Tuesday. The council cited Georgia Home Rule law as its route to changing the charter:

From the proposed amendment:

WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, titled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. §36-35-1 et seq.; and

WHEREAS, O.C.G.A. §36-35-3 allows municipal charters to be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart; and

The council will also consider changes to zoning ordinance in the Brookhaven-Peachtree Overlay, a zoning district created by the county in 2007 that lays out specifics for buildings, parking and streetscaping for new development along Peachtree Road and Dresden Drive.

A number of residents have criticized the proposed changes, saying they dilute the overlay requirements for developers.

The city Planning Commission passed the changes last week. The council is giving them first reading Tuesday.

All documents under consideration by the council are attached at right.

What do you think of changes under consideration? Tell us in the comments section below.