These regulations constitute the Upper Westside Overlay District ("the district"). The scope of these regulations is as follows:

(1)

The existing zoning map and underlying zoning regulations governing all properties within the district shall remain in full force and effect. The regulations in this chapter shall be overlaid upon, and shall be imposed in addition to, these underlying zoning regulations.

(2)

The provisions of this chapter shall apply to all properties in the district, except properties with an underlying zoning designation of:

(a)

R-1 through R-5; and

(b)

PD-H and exclusively used for single-family or two-family dwellings.

(3)

Whenever the following overlay regulations vary from the underlying zoning regulations, another overlay, or conditions of rezoning, the more restrictive shall apply.

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

The district is a unique part of Atlanta containing a wide mix of land uses that range from single-family residential, to mixed-use, to industrial. These are traditionally organized into a development pattern consisting of distinct low density residential areas separated by rail corridors, roadways, commercia/industrial uses, or major public facilities.

Recently, the district has experienced significant growth, especially in its traditional industrial and commercial areas, where piecemeal redevelopment is now common. Often, this redevelopment abuts residential areas.

The city finds that rapid evolution of portions of the district from industrial and commercial uses to a diverse mixture of residential, commercial, industrial, and open space uses requires special consideration to ensure that future development and redevelopment provides a mix of uses that promotes the public health, safety, and welfare.

The city also finds that rapid rail and Atlanta Beltline transit opportunities in the district are currently limited, making the use, block, streetscape, access management, and transportation management provision of this chapter appropriate given these transportation realities.

Therefore, in establishing the district it is the intent of the city to:

(1)

Implement provisions of the comprehensive development plan, which incorporates certain recommendations contained in studies of this area, including the Upper Westside Masterplan and BeltLine Subarea 8 and 9 Master Plans;

(2)

Balance increasing residential, retail, and offices uses with the district's ongoing industrial and commercial uses and existing residential neighborhoods;

(3)

Provide more regulation of businesses that are incompatible with other uses in the district due to excessive noise, dust, smoke, traffic, vibration, light, or similar impacts;

(4)

Provide more regulation of businesses that attract large numbers of people in combination with alcohol sales by the drink during late evening and early morning hours;

(5)

Facilitate safe, pleasant and convenient pedestrian circulation and minimize conflict between pedestrians and vehicles, in keeping with Vision Zero Policy adopted by the city.

(6)

Encourage the increased use of alternative modes of transportation and mobility such as walking, biking, and public transportation;

(7)

Support the creation of an interconnected street network of small blocks and inter-parcel access to evenly distribute traffic, improve access throughout the district, reduce congestion, and further walking, bicycling, and transit use; and

(8)

Provide more regulation of certain auto-oriented uses, especially traffic congestion, roadway safety, and resulting conflicts with pedestrians, bicyclists, and transit riders.

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

The boundaries of the district are shown on Exhibit A: Upper Westside Overlay Boundaries which by this reference is incorporated into and made a part of this chapter. The district further includes standards for properties completely or partially within 2,000 feet of Howell Mill Road shown on said Exhibit A: Upper Westside Overlay Boundaries.

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

(1)

Special administrative permit requirements.

(a)

A special administrative permit (SAP) application shall be submitted and approved by the director of the office of zoning and development, under the requirements specified in section 16-25.004, prior to the issuance of a building permit. The application shall submit a site plan, landscape plan, and elevation drawings of each exterior façade, as applicable. All exterior demolition, new construction (including additions to existing buildings), expansions of outdoor dining or any construction which results in increased lot coverage, modification of the building footprint, or modification of building facades that alters the configuration of openings, shall subject said site plan and building elevation approval as part of the SAP.

(b)

The director of the office of zoning and development may exempt certain classes of applications for SAPs from detailed review requirements as set forth upon written findings that generally within this district, the actions proposed are of such a character or scale as to make detailed reviews and approval unnecessary. Where applications for SAPs are determined by reference to such findings to be thus exempted, the permit shall be issued if otherwise lawful.

(c)

In addition to SAP submittal specified above, the applicant shall email one copy of the full SAP application to the appropriate neighborhood planning unit (NPU) chair or their designee for the purpose of notification and comment. A signed affidavit of said notification shall submitted to the director of the office of zoning and development. Upon request of the NPU chair, the applicant shall also provide one printed copy of the full SAP application to the NPU chair or their designee. The NPU shall have a period of 21 days from the date of the email to provide one set of written comments to the office of zoning and development prior to any SAP approval.

(d)

In addition to the NPU notification specified above, the applicant shall email one copy of the full SAP application to the Upper Westside Community Improvement District.

(e)

Where regulations require special exception or special use permit action, the SAP for building permit purposes shall not be issued until the necessary approval has been obtained for a special exception or special use permit.

(2)

Provisions for administrative variations from regulations.

(a)

As part of general action when plans require approval of an SAP, the director of the office of zoning and development may authorize variations from regulations generally applying, except where otherwise prohibited, based on written findings that either:

(i)

A plan proposed by an applicant, while not strictly in accord with regulations applying generally within the district, satisfies the public purposes and intent, and provides public protection to an equivalent or greater degree; or

(ii)

In the circumstances of the case, strict application of a particular regulation or regulations is not necessary for the accomplishment of public purposes or the provision of public protection, at the time or in the future.

(b)

Notation concerning the existence of such variation shall be made by written findings of SAP approval to be filed in the office of zoning and development as public record.

(c)

Variances and special exceptions shall be required from the board of zoning adjustment (BZA) in cases such as minimum transitional yards, transitional height planes, minimum open spaces, maximum building height, maximum fence height, maximum (as applicable) parking and loading requirements, and signage limitations. Variances may be granted by the BZA only in accordance with section 16-26.003 (Conditions of granting a variance).

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

(1)

Any property wherein 60 percent or greater of the principal building is removed or destroyed by any means shall be redeveloped in accordance with the requirements of this chapter notwithstanding any other provisions in part 16, chapter 24, and "2" immediately below to the contrary.

(2)

Sidewalks and street trees shall be required when less than 60 percent of the principal building is removed or destroyed in accordance with section 16-44.009(2).

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

The following definitions apply to the district only. If a term is not defined below, then the definitions in chapter 29 of the zoning ordinance shall govern:

(1)

Official city project. A project identified or designed in one of the following:

(a)

Priority city project: A project that has undergone study, design, and design refinement and can be implemented without significant modification, including:

(i)

Projects fully or partially funded by the City of Atlanta or its agencies/authorities, including Atlanta BeltLine, Inc., Atlanta Housing, Atlanta Public Schools, Invest Atlanta, and similar agencies/authorities;

(ii)

Projects undertaken by MARTA in city rights-of-way which have been authorized by the city;

(iii)

Projects fully or partially funded with state or federal grants;

(iv)

Transportation, park, stormwater, or other infrastructure concept reports, scoping studies, designs, or similar materials that include city rights-of way or other lands, and that have been undertaken or approved by the Atlanta Department of Transportation, the Atlanta Department of Public Works, or other City agency.

(b)

Secondary city project: A project identified in one or more of the following, but which has not undergone the professional design required to advance beyond a conceptual planning phase:

(i)

The comprehensive development plan (CDP), including all supplements and incorporations by reference;

(ii)

The capital improvements program (CIP);

(iii)

The capital improvement element (CIE);

(iv)

The community work program (CWP);

(v)

SPLOST or bond project lists;

(vi)

Connect Atlanta Plan or Atlanta Transportation Plan (ATP); and

(vii)

Cycle Atlanta 1.0 or Cycle Atlanta 2.0.

(c)

Conflicts.

(i)

When the same project is identified in both a priority city project and secondary city project, the design show in the priority city project shall be the official city project.

(ii)

When the same project is identified in two or more priority city projects, the design that is designed and funded shall be the official city project.

(iii)

When the same project is identified in two or more secondary city projects, the design that is most recent shall be the official city project.

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

(1)

Permitted uses. The underlying zoning requirements shall apply unless specifically prohibited by this chapter.

(2)

Prohibited uses. In addition to uses prohibited by the underlying zoning requirements or the BeltLine Overlay, the following uses shall be prohibited,

(a)

Adult businesses.

(b)

Any pawnbroker establishment licensed by the city pursuant to City Code Chapter 122, Article III.

(c)

Billboards.

(d)

Car washes as a principal use.

(e)

Heavy industries (e.g. acid manufacture, asphalt plants, junkyards (outside), automobile salvage yards (outside), scrap metal processors (outside), concrete plants, cement plants, lime/gypsum plants, bone and glue distillation and manufacturers, explosive manufactures or storage, fat rendering and fertilizer manufacturers, garbage, offal or dead animals, reduction or dumping, hazardous toxic materials, paper and paper pulp manufacturers, petroleum refineries, metal smelters).

(f)

Junkyards, automobile salvage yards or scrap metal processors (inside). (g)Materials recovery facility.

(h)

Municipal solid waste disposal facilities.

(i)

New and used car sales, including other motorized vehicles such as mopeds and motorcycles.

(j)

Service stations and gasoline service stations, except when owned or operated by a grocery store having at least 15,000 square feet in floor area on the same lot.

(k)

Solid waste handling facilities.

(l)

Terminals (freight, rail, bus, or truck). Structures and uses required for the operation of MARTA shall be exempt this prohibition.

(m)

Truck stops.

(3)

Permitted accessory uses and structures. The underlying zoning requirements shall apply, subject to the restrictions contained elsewhere in this chapter.

(4)

Use Standards. The use standards in section 16-44.007(5) through section 16-44.007(11) shall apply when the indicated use is otherwise permitted.

(5)

Data centers use standards. The following shall apply to data centers:

(a)

BeltLine Overlay standards incorporated and expanded by reference. Data centers everywhere in the district shall be subject to section 16-36.011(11)(a) through (f) of the BeltLine Overlay.

(b)

Concurrency requirement. The following shall also apply:

(i)

The total floor area used for data centers shall not exceed 50 percent of the total project floor area;

(ii)

The total project floor area identified in "i" immediately above shall include the total floor area of all existing and proposed uses, including within any unified development plan; and

(iii)

No occupancy permit shall be issued for a data center use before one or more occupancy permits have been issued for other permitted uses in the project. Furthermore, the combined floor area of all said other permitted uses holding occupancy permits shall equal or exceed the floor area of the data center use.

(c)

Active use requirements. The following shall also apply:

(i)

Active uses that conform to section 16-44.010(3) shall be provided in the locations set forth in "ii" through "iv" immediately below, even when not otherwise applicable. Data centers are not considered "active uses."

(ii)

Active uses are required within 60 feet of any building façade along a public street.

(iii)

Active uses are required within 30 feet of any building façade that faces an existing public park or multi-use trail.

(iv)

Active uses are required within 30 feet of any building façade that faces a proposed public park or multi-use trail identified in an official city project.

(6)

Drive-through use standards. The following shall apply to drive-throughs, including, but not limited to, drive-through service windows, menu boards, trash receptables, ordering boxes, queuing, and other objects associated with the drive-through:

(a)

General standards. The following shall apply to all unenclosed drive-throughs:

(i)

Shall not be placed between the associated building and a public or required private street.

(ii)

When a drive-through exists or is allowed between the associated building and a public or required private street, the entire length of the drive-through shall be screened from view from the street to a height of at least 36 inches. Screening shall be accomplished through use of a continuous opaque evergreen hedge, or a screening wall faced in stone and/or brick, or a combination of the two.

(iii)

Along public streets, no curb cuts for driveways exclusively serving drive-throughs are allowed.

(iv)

Along arterial streets, collector streets, and Chattahoochee Avenue, no curb cuts for driveways directly or indirectly serving a drive-through shall be within 300 feet of a public street intersection (measured along the right-of-way along the same side of the same street from the intersecting street right-of-way).

(b)

Within 2,000 feet of Howell Mill Road. The following shall apply to all drive-throughs located on a property completely or partially within 2,000 feet of Howell Mill Road (measured in a straight line from the centerline of Howell Mill Road to the closest portion of the property):

(i)

Drive-throughs shall only be permitted when completely enclosed within buildings or parking structures on all sides, including above, except as set forth in section 16-44.007(6)(b)(iv) below.

(ii)

Enclosed drive-throughs shall be completely screened from view from the exterior of the building or parking structure containing them.

(iii)

No enclosed drive-through service window, menu board, trash receptable, ordering box, or other object associated with a drive-through shall be located within 60 feet of any building or parking deck façade that faces an abutting public street.

(iv)

No enclosed queuing shall be located within 60 feet of any building or parking deck façade that faces an abutting public street, unless oriented perpendicular to the street.

(v)

Drive-throughs that are accessory to eating and drinking establishments are only permitted when:

a.

The eating and drinking establishment is located in a multi-story building with at least 10,000 square feet of floor area; and

b.

The multistory building contains three or more occupiable stories directly above the entire eating and drinking establishment, excluding any drive-through or accessory outdoor dining area.

(c)

All other locations. The following applies to drive-throughs not subject to "b" immediately above:

(i)

No drive-through shall be located within 1,500 feet of another property containing a drive-through (measured in a straight line from property line to property line).

(7)

Eating and drinking establishment use standards.

(a)

No eating and drinking establishment located within 50 feet of any R-1 through R-5 classifications (measured from property line to property line from the R1 through R5 property line to closest point of the property) shall operate between the hours of 12:00 a.m. to 6:30 a.m. unless the establishment already operated before 6:30 a.m. daily before the date this District went into effect.

(b)

No outdoor dining and/or any amplified sound shall be allowed to operate outside enclosed permanent structures between the hours 11:00 p.m. to 6:30 a.m.

(8)

Fleet and equipment storage use standards. The following shall apply to areas exclusively used for the parking or storage of fleet vehicles or equipment, whether as a principal or accessory use, including, but not limited to, taxies, heavy equipment, tool and equipment rental, tractor trailers, trailers, delivery vans, moving vans, and other commercial vehicles.

(a)

Within 200 feet of an arterial, street, collector street, or Chattahoochee Avenue. No fleet or equipment storage use shall be located within 200 feet of an arterial street, collector street, or Chattahoochee Avenue (measured in a straight line from the edge of the applicable right-of-way to closest portion of any fleet or equipment storage use).

(b)

All other locations. Fleet or equipment storage not subject to "a" immediately above is permitted but shall be screened from view from the street by a continuous opaque evergreen hedge at least 36 inches high at time of planting. In lieu of the hedge, a screening wall at least five feet high may be installed in zoning districts that allow them.

(9)

Package store standards. The following shall apply to package stores:

(a)

No package store over 1,200 square feet in floor area shall be located within 1,500 feet of another property containing a package store over 1,200 square feet in floor area (measured in a straight line from property line to property line).

(b)

Drive-through package stores of any size are prohibited.

(10)

Self-storage use standards.

(a)

Non-commercial self-storage use standards. The following shall apply to self-storage facilities used exclusively by residents, employees, or owners of the development and specifically excludes where individual storage units are rented to the general public:

(i)

The total floor area used for non-commercial self-storage shall not exceed ten percent of the floor area of total project floor area.

(ii)

The total project floor area identified in "i" immediately above shall include the total floor area of all existing and proposed uses, including within any unified development plan; and

(iii)

No non-commercial self-storage shall be located within 60 feet of any building façade along a public street.

(iv)

No occupancy permit shall be issued for non-commercial self-storage before one or more occupancy permits have been issued for other permitted uses in the project. Furthermore, the combined floor area of all said other permitted uses holding occupancy permits shall equal or exceed the floor area of the non-commercial self-storage.

(b)

Commercial self-storage use standards. The following shall apply to self-storage facilities where individual storage units are rented to the general public:

(i)

Concurrency requirement. The following shall also apply:

a.

The floor area used for commercial self-storage shall not exceed 25 percent of the total project floor area;

b.

The total project floor area identified in "a" immediately above shall include the total floor area of all existing and proposed uses, including within any unified development plan; and

c.

No occupancy permit shall be issued for commercial self-storage before one or more occupancy permits have been issued for other permitted uses in the project. Furthermore, the combined floor area of all said other permitted uses holding occupancy permits shall equal or exceed the floor area of the commercial self-storage.

(ii)

Active use requirements.

a.

Active uses that conform to section 16-44.010(3)(a) shall be provided in the locations set forth in "ii" through "iv" immediately below, even when not otherwise applicable. Self-storage is not considered an "active use."

b.

Active uses are required within 60 feet of any building façade along a public street.

c.

Active uses are required within 30 feet of any building façade that faces an existing public park or multi-use trail.

d.

Active uses are required within 30 feet of any building façade that faces a proposed public park or multi-use trail identified in an official city project.

(11)

Vehicular use standards. The following shall apply to the indicated vehicular uses:

(a)

Within 2,000 feet of Howell Mill Road. No battery exchange stations, car washes, tire and repair shops, or paint and body shops, whether permitted or accessory uses, shall be located on a property completely or partially within 2,000 feet of Howell Mill Road (measured in a straight line from the centerline of Howell Mill Road to the closest portion of the property).

(b)

All other locations. Battery exchange stations, car washes, tire and repair shops, and paint and body shops, whether permitted or accessory uses, on property not identified in "a" immediately above are subject to the following:

(i)

No battery exchange station, car wash, tire and repair shop, or paint and body shop shall be located within 1,500 feet of another property containing the same vehicular use (measured in a straight line from property line to property line).

(12)

Limitations on non-residential uses exceeding 7,500 square feet.

(a)

SUP required. All non-residential uses or establishments exceeding 7,500 square feet in area in which alcoholic beverages are sold or consumed on the premises require a special use permit. This special use permit requirement also applies to such uses or establishments previously under 7,500 square feet if subsequent renovations, additions, or other expansions result in the total square footage exceeding 7,500 square feet. This requirement does not apply to establishments that are licensed to sell alcoholic beverages only by the package, hotels, city food markets, city park organizations, continuing education centers, government centers, parks, park facilities, outdoor markets, retail grocery supermarkets, schools, or suite hotels, as those terms are defined in section 10.1 of the Code of Ordinances (article 1, chapter 10 "Alcoholic Beverages"). For purposes of this section 16-44.007(12), "area" shall mean and include the total gross square footage of all buildings, structures, and premises that make up the establishment, including all kitchen, restroom and storage areas, as well as all patios, rooftop spaces, exterior spaces, and outdoor spaces of any kind, whether or not containing a roof or walls, in which activities associated with or accessory to the sale or consumption of alcoholic beverages are conducted. "Area" shall not be restricted to individual parcels or lots but shall include multiple parcels or lots or portions thereof if they are in any way a part of or accessory to the operation of the use or establishment.

(b)

SUP standards. Non-residential uses or establishments requiring a special use permit under this section 16-44.007(12) shall demonstrate compliance with each of the criteria and requirements provided in (a) immediately above, (c) immediately below, and section 16-44.013(2), in addition to those criteria relating to special use permits set forth in chapter 25 of part 16 of the Code of Ordinances (Special Permits).

(c)

Site plan. A scaled and sealed site plan shall be provided showing the entire area as defined in section section 16-44.007(12)(a) above as well as all other buildings, structures, and parking structures or locations.

(d)

Transportation management plan. Applicants shall submit a transportation management plan that conforms to the requirements of section 16-44.013..

(e)

Public safety. Applicants shall submit a public safety management plan (PSMP) containing strategies to ensure public safety for customers or visitors to the proposed use and to the broader community. The PSMP shall include, but not be limited to, public and private security strategies that are sufficient for the size of the establishment or premises, including parking areas.

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

(1)

Blocks.

(a)

Blocks required. Developments proposing to contain an entire block face greater than 600 feet in total frontage along a single existing public or private street shall incorporate new streets that conform to the following:

(i)

New streets shall create block faces not exceeding 400 feet in length, except when the new block only contains a single industrial use that exceeds 160,000 square feet in floor area. Incorporation of any city right of way or abandoned railroad (e.g., CSX Norfolk Southern, etc.), that is planned as a priority project for a BeltLine multiuse trail, or any public trail as identified by the BeltLine, the Path Foundation, or other local agencies, should not be developed per those official city plans.

(ii)

Blocks shall incorporate any existing dead end public streets abutting the property.

(iii)

Blocks shall incorporate any existing unbuilt public street rights-of-way within or abutting the property.

(iv)

Block face length shall be measured at the back of the required sidewalk.

(b)

Block exemptions. Equivalent bicycle and pedestrian access, including any trails identified in an official city project, may be provided in lieu of any street otherwise required by this section 16-44.008(1) (Blocks).

(c)

New street standards. New streets required to satisfy "a" immediately above:

(i)

May be public or private, and any such private streets shall be referred to as "required private streets" in this district;

(ii)

Shall not be gated.

(iii)

Shall connect two other public streets or private streets, except for stub streets within the development that provide existing or future connectivity to adjacent properties; and

(iv)

Shall provide required sidewalks on both sides, unless the street is located at the edge of the property. See section 16-44.009 (Sidewalks).

(d)

Intersection standards. When new streets required by section 16-44.008(1)(a) (Blocks Required) intersects an existing or new public or private street, the resulting intersection shall provide crosswalks and any warranted intersection control devices, subject to approval of the Atlanta Department of Transportation or the Georgia Department of Transportation, as applicable.

(2)

BeltLine Overlay path standards incorporated and expanded by reference. Public or private access paths everywhere in the district shall be subject to section 16-36.011(4) of the BeltLine Overlay.

(3)

Open space.

(a)

Minimum requirement. An amount equal to ten percent net lot area shall be provided as open space when both of the following conditions are met:

(i)

Non-residential, non-industrial uses constitutes the greatest floor area; and

(ii)

The underlying zoning has no open space or public space requirement.

(b)

Permitted open space. When (a) above applies, the following may be used to satisfy open space requirements:

(i)

Useable open space.

(ii)

Open space identified in an official city project.

(iii)

Vegetated roofs.

(iv)

Stormwater ponds that manage and control stormwater runoff from multiple buildings or properties, in accordance with the current City of Atlanta Stormwater Design Manual, when said stormwater ponds have been designed by a qualified professional as formal or natural amenities that incorporate additional functions other than stormwater management into their design, including, but not limited to aesthetic appeal, seating, boardwalks, and similar features.

(v)

New public streets, or private streets which function as public streets, provided the following requirements are met:

a.

Connects two other public streets or private streets which meet the requirements of items "b" through "d" below; and

b.

Meets all sidewalk requirements; and

c.

The maximum width shall be 36 feet which shall include, two on-street parallel parking lanes, two travel lanes and sidewalk extensions at intersections and shall have granite curbs; and

d.

When adjacent to a park area, new streets shall meet all above requirements along each park edge; and

e.

Gates shall not be permitted across said streets.

(vi)

Connectivity across adjacent public rights-of-way which do not provide pedestrian access, such as railroads and freeways, provided the following requirements are met:

a.

Said connectivity shall be achieved using public streets, private streets which function as public streets, pedestrian walkways, or bike and jog paths; and

b.

Streets shall meet all sidewalk requirements; and

c.

Pedestrian walkways shall be a minimum width of six feet and bike and jog paths shall be a minimum width of ten feet; and

d.

Streets, pedestrian walkways and bike and jog paths shall connect to other public streets, pedestrian walkways, bike and jog paths or parks.

(c)

Prohibited open space. New on-street parking and new streets required by section 16-44.008(1)(a) (Blocks Required) shall not be counted towards open space, even when otherwise allowed by the underlying zoning.

(4)

Adjacent to public spaces. Properties adjacent to a public space such as a park space, greenway trail, railroad right-of-way which has been abandoned, or a railroad right-of-way with an existing or proposed rail-trail:

(a)

Shall have a minimum of a 20-foot-wide buffer along the property line adjacent to said public space. Said buffer shall be completely landscaped excluding walkways, benches and other such recreational features as approved by the Director of the Office of Zoning and Development, or

(b)

Shall provide a new public access street, pedestrian walkway, or bike and jog path between any development and said space and shall meet the following requirements:

(i)

Streets shall meet the requirements of section 16-44.008(3)(b)(v).

(ii)

Pedestrian walkways shall be at least six feet wide, and bike and jog paths shall conform to section 16-44.008(2) above.

(iii)

Wherever possible, streets, pedestrian walkways and bike and jog paths shall connect to other streets, pedestrian walkways, bike and jog paths and parks.

(c)

Shall not locate off-street parking areas or loading docks between any building and said space except in cases where meeting this would require the development to be in conflict with any applicable requirements to screen loading areas, loading dock entrances, and building mechanical and accessory features, or any applicable requirements for parking lot barriers and landscaping.

(d)

Shall include an entrance to all adjacent uses which:

(i)

Shall face and be visible from the park space, greenway, abandoned rail line or rail line with an existing or proposed rail-trail.

(ii)

Shall be directly accessible from said space from the park space, greenway, abandoned rail line or rail line with an existing or proposed rail-trail.

(iii)

Wherever possible shall open directly onto the adjacent sidewalk, or an outdoor dining area or plaza adjacent to the sidewalk.

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

(1)

BeltLine Overlay sidewalks standards incorporated and expanded by reference. Sidewalks everywhere in the district shall be subject to section 16-36.012 of the BeltLine Overlay and the additional standards of this section 16-44.009.

(2)

Sidewalks required. Sidewalk shall be installed when one or more of the following occurs:

(a)

General. When required by section 16-44.005 (Redevelopment Requirements) or section 16-44.009(3) (General Sidewalk Standards).

(b)

Expansion. When 25 percent or more increase in cumulative total floor area is proposed, measured beyond the floor area existing on the effective date of this chapter.

(c)

Site work. When a 25 percent or more site work is proposed. Site work includes as all land disturbing activities defined in section 74-37 and any repaving or resurfacing of parking lots, driveways, and other surfaces used by vehicles.

(d)

Off-site parking. When existing or new principal or accessory parking on a lot is used as off-site parking, regardless of whether shared parking is provided.

(3)

General sidewalk standards. Sidewalks shall be located along public or required private streets and with the components and widths specified for "General Standards" in Table 1: Upper Westside Sidewalk Table, except as specified under "Alternative Standards" and in section 16-44.009(4).

Table 1: Upper Westside Sidewalk Table

(4)

Alternative standards. The required sidewalk components and widths may be modified as specified under "Alternative Standards" in Table 1: Upper Westside Sidewalk Table, subject to the following:

(a)

Conformance with city projects.

(i)

Applicability. This alternative shall only apply when an official city project uses an alternative design.

(ii)

Standard. Sidewalks shall conform to the design found in an official city project, subject to approval of the Commissioner of the Atlanta Department of Transportation, provided the total width allocated to sidewalks, bicycle facilities, and multi-use trails shall be at least 15 feet.

(b)

Existing buildings.

(i)

Applicability. This alternative shall only apply when an existing building prevents the "General Standards" from being met.

(ii)

Standard. The required total sidewalk width shall be one foot less than the actual building setback from the street curb, measured on a point by point basic, but not less than the minimum widths shown in Table 1.

(c)

Existing Trees.

(i)

Applicability. This alternative shall only apply when an existing tree with a diameter at breast height (DBH) of six inches or more prevents the "General Standards" from being met unless the tree is removed.

(ii)

Standard. When the existing tree is maintained, the minimum required sidewalk width may be reduced only to the extent required to avoid tree removal, but not less than the minimum widths shown in Table 1.

(d)

Existing topography.

(i)

Applicability. This alternative shall only apply when a sidewalk is required by section 16-44.009(2)(b) (Expansion) though section 16-44.009(2)(d) (Off-site parking), but the existing topography prevents the "General Standards" from being met unless a retaining wall over four feet in height is constructed (measured at the back of the sidewalk).

(ii)

Standard. The minimum required sidewalk width may be reduced only to the extent required to avoid such retaining wall, but not less than the minimum widths shown in Table 1.

(e)

Industrial operations.

(i)

Applicability. This alternative shall only apply when a sidewalk is required by section 16-44.009(2)(b) though section 16-44.009(2)(d), but an industrial operation prevents the "General Standards" from being met without eliminating commercial vehicle access and maneuvering space, eliminating commercial vehicle loading, or requiring other changes that would render the property unusable for industrial uses.

(ii)

Standard. The minimum required sidewalk width may be reduced only to the extent required to avoid such impact, but not less than the minimum widths shown in Table 1.

(f)

Other existing site features.

(i)

Applicability. This alternative shall only apply when a sidewalk is required by section 16-44.009(2)(b) though section 16-44.009(2)(d), but an existing site feature, such as a bridge abutment, retaining wall, utility device, stream, burial site, or rock outcrop (but excluding a parking, driveways, signs, landscaping, wall, and fence), prevents the "General Standards" from being met without moving such features.

(ii)

Standard. The minimum required sidewalk width may be reduced only to the extent required to avoid moving such features, but not less than the minimum widths shown in Table 1.

(5)

Decorative pedestrian lights. Decorative pedestrian lights are required along public streets and shall be spaced as required by the BeltLine Overlay.

(6)

Transit stops. Developments more than one acre in area and adjacent to existing public transit bus stops which have no shelters shall provide a bus shelter at each stop. The design and location of such stop shall be approved by the director of the office of zoning and development.

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

(1)

Applicability.

(a)

This section 16-44.010 (Relationship of Building to Street) shall not apply properties zoned I-Mix, NC, MR, MRC, LW, or within the BeltLine Overlay due to similar existing requirements in those districts, except as otherwise provided in "b" immediately below.

(b)

Section 16-44.010(2) (Pedestrian Entrance) through section 16-44.010(5) (Residential uses) shall apply to properties zoned I-Mix, NC, MR, MRC, LW, or within the BeltLine Overlay when an existing building changes use or occupancy.

(2)

Pedestrian entrance. The primary pedestrian entrance for pedestrians to access all sidewalk level uses and business establishments facing a public street or required private street:

(a)

Shall be visible from the sidewalk adjacent to such street.

(b)

Shall be shall be linked to the required sidewalk with a pedestrian walkway a minimum of five-feet wide. See section 16-44.011(2)(d) for additional requirements for pedestrian walkways where retaining walls exist.

(c)

Shall remain unlocked during business hours for nonresidential uses.

(3)

Active sidewalk level uses required.

(a)

Buildings. Along public streets or required private streets, and as otherwise provided by this chapter:

(i)

Portions of buildings facing a required sidewalk shall provide a sidewalk level for the entire width of the building façade, except at ingress and egress points into parking structures or loading areas. The sidewalk level shall have a finished floor elevation within five vertical feet of the adjacent required sidewalk grade, measured on a point-by-point basis.

(ii)

Portions of building facades required by "i" immediately above shall only be used for active uses with a minimum depth of 20 feet for nonresidential uses and a minimum depth of ten feet for residential uses.

(iii)

Active uses required by "ii" immediately above shall mean any permitted use having interior floor area served by plumbing, heating, and electricity. Actives uses required by "ii" immediately above exclude parking; digital industry switchboards, relay equipment, and associated power generators; residential storage; non-residential storage not associated with an industrial use; and driveways or queuing lanes parallel to the adjacent street.

(iv)

When topography otherwise prevents this requirement from being satisfied with a single finished floor elevation, the finished floor elevation shall step so that it remains within five vertical feet of every portion of the adjacent required sidewalk grade.

(b)

Parking structures. See section 16-44.001(1) (Parking Structure Design Standards).

(4)

Fenestration.

(a)

Fenestration standards. Fenestration required by this. Section 16-44.010(4) shall:

(i)

Begin at a point not more than 36 inches above the sidewalk grade, to a height no less than ten feet above the sidewalk grade; or

(ii)

Begin at the finished floor elevation to a height no less than ten feet above the finished floor elevation when the finished floor elevation is three or more feet above the sidewalk grade; or

(iii)

Begin at a point not more than sidewalk grade, to a height no less than ten feet above the finished floor elevation when the finished floor elevation is below the sidewalk.

(iv)

Except for parking decks, fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows.

(v)

Glass on pedestrian doors/entrances count towards fenestration requirements, but glass on vehicular entrances/garages doors does not.

(b)

Industrial uses along all streets. Street-fronting industrial uses along public streets shall meet the following sidewalk level requirements:

(i)

Fenestration shall be provided for a minimum of 30 percent of the facade length.

(ii)

The façade length without fenestration or an entrance shall not exceed 75 feet.

(c)

Other non-residential uses along all streets. Street-fronting non-residential uses along public streets or required private streets, except for industrial uses, places of worship, and fire stations, shall meet the following ground floor requirements:

(i)

Fenestration shall be provided for a minimum of 65 percent of the facade length.

(ii)

The façade length without fenestration or an entrance shall not exceed 20 feet.

(d)Residential

uses along all streets. Street-fronting residential uses along public streets or required private streets shall meet the following ground floor requirements:

(i)

Fenestration shall be provided for a minimum of 30 percent of the facade length.

(ii)

The façade length without fenestration or an entrance shall not exceed 20 feet (e) Parking structures. See section 16-44.010(6) (Parking Structure Design Standards).

(5)

Residential uses. Buildings with ground floor residential uses shall meet the following:

(a)

All primary pedestrian entrances not adjacent to a required sidewalk shall be linked to the required sidewalk with a pedestrian walkway a minimum of five-feet wide.

(b)

All such buildings with more than four residential units that are adjacent to the required sidewalk shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch adjacent to the sidewalk. All pedestrian walkways providing such access shall be perpendicular to the street and shall be permitted to share said walkway with one adjacent unit. See section 16-44.011(2)(d) for additional requirements for pedestrian walkways where retaining walls exist.

(6)

Parking structure design standards. Along public streets, parking structures:

(a)

Shall conform to the building active use standards of section 16-44.010(3)(a); and

(b)

Shall conform to the applicable fenestration standards of section 16-44.010(4) (Fenestration).

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

(1)

General.

(a)

The following general standards shall not apply properties zoned I-Mix, NC, MR, MRC, LW, or within the BeltLine Overlay due to similar existing requirements in those districts.

(b)

Fences and walls in the front yard, half-depth front yard, or supplemental zone, as applicable to the zoning district, shall only be allowed when they meet the regulations in "c" and "d" below. Fences and walls in other locations shall conform to the applicable zoning district regulations.

(c)

For all sidewalk-level residential and outdoor dining uses:

(i)

Fences shall not exceed 42 inches in height.

(ii)

Walls shall not exceed 24 inches in height, except as provided in section 16-44.011(2) for retaining walls.

(iii)

Outdoor dining may only be separated from the sidewalk by movable planters, fencing, or similar barriers provided they do not exceed a height of 36 inches, including any plant material they might contain.

(d)

For all other non-residential sidewalk-level uses, except industrial uses: fencing and walls are prohibited unless used to meet a screening requirement of section 16-44.007 (Use Regulations).

(2)

Retaining walls.

(a)

No individual retaining walls between a building and the closest required sidewalk shall exceed a height of four feet.

(b)

No more than two retaining walls shall be permitting between a building and the closest required sidewalk.

(c)

When tiered, as described in "b" immediately above, the face of each upper retaining wall shall be separated from the face of the nearest lower retaining wall by at least a minimum horizontal distance equal in length to the height of the upper retaining wall, where the height of the upper retaining wall is measured from the ground level after any grading has been carried out.

(d)

When a retaining wall exists and a pedestrian walkway from a building to the sidewalk is required by section 16-44.010(2)(b) or section 16-44.010(5)(b) stairs or ramps shall be incorporated into the retaining wall to provide said connection.

(3)

Chain link. No chain link shall be visible from any public park, plaza, public right-of-way, private street, pedestrian way, required sidewalk, or sidewalk-level outdoor dining area.

(4)

Barbed wire, razor wire. Barbed wire and razor wire are prohibited.

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

(1)

Subdivision. Properties that are subdivided, except those used for single-family detached dwellings or zero lot line, shall provide the following between newly created lots adjoining the same public street:

(a)

Shared driveways or inter-parcel access; and

(b)

Direct pedestrian access without use of a required sidewalk, unless all proposed buildings on both resulting lots directly abut and have pedestrian access from the same required sidewalk.

(2)

Access restrictions. Curb cuts and driveways shall not be permitted on any arterial street, collector street, or Chattahoochee Avenue when access may be provided from a local street adjacent to a contiguous property, with the exception of hotel patron drop-off drives.

(3)

Driveways.

(a)

Driveway curb cuts shall be a maximum of 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the Commissioner of the Atlanta Department of Transportation.

(b)

All sidewalk paving materials shall be continued across any intervening driveway curb cut at the same prevailing grade and cross slope as the adjacent sidewalk walk zone.

(c)

Driveways shall have a band of textured concrete adjacent to the street which is in-line and equal in width to the sidewalk street furniture and tree planting zone and shall have a textured band of concrete adjacent to the back of that sidewalk and in-line with the front yard, half-depth front yard, or supplemental zone, as applicable to the zoning district, with a minimum width of five feet from the sidewalk, or such standard as developed by the Atlanta Department of Transportation.

(d)

Independent driveways are not required.

(e)

A common or joint driveway is allowed when adjacent lots have direct vehicular access to a street. The arrangement shall include a perpetual easement agreement authorized by all affected property owners. A copy of such agreement is provided to the office of zoning and development.

(4)

Future connectivity.

(a)

No development shall be designed to prohibit or obstruct the ability for future vehicle, bicycle, and pedestrian access and connectivity to adjacent properties, including using new public or private streets, except where the director of the office of zoning and development determines that such is impractical due to legal, topographic, or other site-specific constraints.

(b)

This provision shall not be interpreted to prohibit or restrict that which would otherwise be permitted within this district or require inter-parcel rights to be granted to adjacent property owners.

(5)

Bicycle facility crossings. All driveways that exit a property across a bicycle facility shall incorporate tactile and/or visual devices to alert drivers that they are approaching a bicycle facility. Such devices shall be placed within 15 feet of the closest edge of the bicycle facility but not within the sidewalk walk zone.

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)

(1)

Multifamily, office, or hotel developments exceeding 25,000 square feet. The office of buildings shall not issue any certificate of occupancy permits for any multi-family residential, office, or hotel development (including the sum of such uses in combination) having more than 25,000 square feet of gross floor area until such time the developer or their specified agent has submitted to the office of zoning and development a transportation management plan (TMP).

(2)

Non-residential uses exceeding 7,500 square feet. The office of buildings shall not issue any certificate of occupancy permits for any individual non—residential use exceeding 7,5000 square and subject to section 16-44.007(12) until such time the developer or their specified agent has submitted to the office of zoning and development a TMP. Individual uses located in development where a TMP is required by section 16-44.013(1) above are not required to develop an additional TMP.

(3)

Required TMP strategies. This TMP shall contain strategies to reduce single occupancy vehicle trips generated by the project and shall be in accordance with the transportation management plan development guide, a document maintained by the Atlanta Department of Transportation.

(4)

Certification. Upon the face of the permit plans for improvement of real property subject to the TMP requirement, the applicant shall acknowledge by signature, for itself and successors and assigns on the permit plans, that it will satisfy the requirements of this section and certify which strategies will be used to reduce single occupancy vehicle trips.

(5)

Summary report. A summary report of ongoing implementation of the TMP shall be submitted annually.

(Ord. No. 2023-13(22-O-1742), § 1(Att. A), 4-26-23)