The regulations set forth in this chapter, or set forth elsewhere in this part when referred to in this chapter, are the regulations in the R-G Residential General District.

(Code 1977, § 16-08.001)

The intent of this chapter in establishing the R-G Residential General District is as follows:

(1)

To provide for a range of residential densities that are compatible with the surrounding residential environment, and with the comprehensive development plan.

(2)

To provide for supporting facilities, either as permitted uses and structures or as uses permissible by special permit.

(3)

To encourage maintenance and preservation of existing large dwellings by allowing conversion to two-family or multi-family use.

(Code 1977, § 16-08.002; Ord. No. 2000-08, § 1, 2-16-00)

A building or premises shall be used only for the following principal purposes:

(1)

Churches, synagogues, temples, mosques and other religious worship facilities, having a minimum lot area of one acre.

(2)

Colleges and universities, other than trade schools, business colleges, and similar institutions.

(3)

Dormitories, fraternity houses and sorority houses, officially affiliated with an accredited college, university or private school and only for the time period that such affiliation is in effect, such that loss of affiliation shall result in the loss of permission for the use.

(4)

Multi-family dwellings.

(5)

Public schools.

(6)

Repealed.

(7)

Single-family detached dwellings and two-family dwellings.

(8)

Structures and uses required for operation of MARTA, but not including uses involving storage, train yards, warehousing, switching or maintenance shops as the primary purpose.

(9)

Supportive housing.

(10)

The use of a building or premises as a party house is expressly prohibited.

(11)

Short-term rentals, subject to the regulations in Atlanta City Code section 20-1001.

(Code 1977, § 16-08.003; Ord. No. 2000-08, § 2, 2-16-00; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2008-62(06-O-0038), §§ 4A, 5A, 7-7-08; Ord. No. 2009-24(08-O-1251), § 2A, 6-9-09; Ord. No. 2020-58(19-O-1393), § 21, 10-28-20; Ord. No. 2021-60(21-O-0682), § 12, 12-15-21)

A building or premises shall be used only for the following accessory purposes:

(1)

Greenhouses, garden sheds, private garages and similar structures.

(2)

Barns for keeping of horses, provided that no such barn shall be within 50 feet of any lot line.

(3)

Guest houses, servant quarters, or lodging facilities for caretakers or watchmen.

(4)

Swimming pools, tennis courts and similar facilities.

(5)

Home occupation, subject to limitations set forth in section 16-29.001(17).

(6)

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

(7)

In connection with multi-family dwellings containing 50 or more dwelling units, the following shall be permitted as accessory uses, subject to the limitations set forth herein:

(a)

Establishments for sale of convenience goods. Nothing in this provision shall permit the location of package stores as defined in article a, section 14-2001, Definitions, Package store area—retail store for the sale of packaged spirituous liquors.

(b)

Eating and drinking establishments.

(c)

Personal and professional service establishments.

(d)

Child care nurseries, day care centers, prekindergartens, kindergartens, play and other special schools or day care facilities for young children.

(e)

Clubhouses and similar facilities.

Such establishments shall be designed and scaled to meet only the requirements of the occupants. Such establishments shall not in combination occupy more than five percent of the total floor area of the total development, and such accessory space shall be counted as a part of the total development permission allowed for each such site. Further, all such accessory uses shall be confined to locations in the basement or first floor level buildings and shall have access only from the interior of the lobby. All such establishments which are located within multiple-building complexes shall be so situated that no portion of any such accessory use is visible in whole or in part from any public street. No such accessory uses for any individual site shall contain more than a total of 10,000 square feet and no individual accessory use shall occupy more than 20 percent of the total accessory space which is otherwise permitted. No accessory building shall be constructed until construction of the principal building has actually begun, and no accessory building shall be used or occupied until the principal building is completed and in use, or in the case of multiple-family building complexes no accessory use shall commence operation until at least 50 percent of the total proposed dwelling units are occupied.

(8)

Electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE.

(9)

Urban gardens.

(10)

Market gardens are limited to parcels that are used as schools, churches, synagogues, temples, mosques and other religious worship facilities.

(Code 1977, § 16-08.004; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2014-22(14-O-1092), § 2-K-i, 6-11-14)

The following uses are permissible only by special permit of the kind indicated, subject to limitations and requirements set forth herein or elsewhere in this part:

(1)

Special use permits:

(a)

Cemeteries and mausoleums.

(b)

Child care nurseries, day care centers, prekindergartens, kindergartens, play and other special schools or day care facilities for young children.

(c)

Civic, service, garden, neighborhood or private club.

(d)

Colleges and universities, other than trade schools, business colleges and similar uses.

(e)

Extraction or removal of sand, gravel, topsoil, clay, dirt or other natural resources.

(f)

Personal care homes, assisted living facilities and rehabilitation centers.

(g)

Landfills.

(h)

Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications greater than 70 feet in height, except 1) alternative design mounting structures and 2) new or additional uses of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k).

(i)

Nursing homes.

(j)

Parks; playgrounds, stadiums, baseball or football fields, golf course, sports arena, and community centers.

(k)

Private schools.

(2)

Special administrative permit:

(a)

Zero-lot-line development. See section 16-28.011(6).

(b)

Farmers' markets limited to parcels which meet the minimum lot size requirements and are used as churches, synagogues, temples, mosques and other religious worship facilities or schools.

(c)

Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications 70 feet or less in height, alternative design mounting structures, and new or additional uses of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k).

(d)

Whenever an application for such a permit is made, the director of the bureau of planning shall provide prior notification to the pertinent district councilmember and at-large councilmembers.

(e)

Urban gardens as a principal use on an undeveloped lot.

(3)

Special exceptions:

(a)

Churches, synagogues, temples, mosques and other religious worship facilities where lot area is less than one acre.

(b)

Structures and uses required for operation of a public utility, except uses involving storage, train yards, warehousing, switching or maintenance shops as the primary purpose.

(Code 1977, § 16-08.005; Ord. No. 1997-06, § 4, 2-10-97; Ord. No. 1997-65, § 1, 11-10-97; Ord. No. 2001-96, §§ XX, XXI, 12-12-01; Ord. No. 2004-53, §§ 11A—11C, 8-20-04; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2008-62(06-O-0038), § 3J, 7-7-08; Ord. No. 2011-39(10-O-1773), § 3K, 9-15-11; Ord. No. 2014-22(14-O-1092), § 2-K-ii, 6-11-14)

The following height limitations shall apply to all uses approved by special permits as well as permitted uses in all RG zoning districts except RG-1 and RG-2:

a.

No portion of any structure shall protrude through a height limiting plane beginning the specified number of feet above the point set forth in subsection 16-08.006(b) below and extending inward over the RG district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-08.006:

i.

R-1 through R-5;

ii.

RG-1 and RG-2;

iii.

MR-1, MR-2, and MR-MU; and

iv.

Landmark, Historic, PD, and SPI districts and or district subareas having with allowable uses and densities predominantly similar to those permitted in the district classifications listed in subsections (i) through (iii) above.

b.

Proximity to districts and measurement applications:

i.

For parcels in an RG district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required RG setback or transitional yard adjoining the common property line with such protected district.

ii.

For parcels in an RG district that are not contiguous to but are within 150 feet of a protected district, the transitional height plane shall be measured beginning 15 feet above the nearest lot line of the protected district, provided this transitional height plane shall not extend more than 150 linear feet (measured along the ground) from the protected district up to and into the RG district. (See diagrams at section 16-29.001(62).)

c.

The purpose and intent of this provision is to provide protection for the named protected districts from nearby looming structures regardless of the presence of an intervening public right-of-way or park or space, public or private street or alley, or any lot or parcel remnant.

d.

Transitional height plane measurements shall be applied to parcels on a point-by-point basis and not average grade.

(Code 1977, § 16-08.006; Ord. No. 2019-09(18-O-1581), § 10.23, 1-31-19)

The following minimum lot requirements shall apply to all uses approved by special permits as well as permitted uses:

(1)

Churches, temples, synagogues, mosques and similar religious facilities: Minimum net lot, one acre when permitted by special exception.

(2)

Single-family and two-family dwellings: Minimum lot width of 20 feet; minimum net lot area of 1,000 square feet, except zero-lot-line development.

(2a)

Single-family zero-lot-line development: Single-lot area: 800 square feet with a minimum combined area of 5,000 square feet; lot width: not less than 16 feet, with a minimum combined width of 50 feet.

(3)

The following standard ratios on Table I, "Land Use Intensity Ratios," shall apply to two-family dwellings, multi-family dwellings, zero-lot-line dwellings, residence hotels, apartment hotels, rooming houses, containing living quarters for five or more persons, and dormitories, fraternity houses, and sorority houses. They are allowed at the maximum ratios for each of the five sectors as so designated on the official map. Any change in the Residential General (RG) sector designation or change from any other classification to an RG district which carries a sector designation shall require an amendment of the official map as prescribed for amendments general (Chapter 27). For the purpose of obtaining a building permit, the ratios indicated for Total Open Space (TSOR), Usable Open Space (USOR), and parking shall be used according to the nearest Floor Area Ratio (FAR) (shown on Table I) to the actual FAR for the development as indicated on the plans presented.

(4)

All other uses: Minimum lot width of 50 feet; minimum net lot area of 20,000 square feet.

(Code 1977, § 16-08.007; Ord. No. 2000-08, § 3, 2-16-00; Ord. No. 2001-74, § 2, 10-10-01; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2008-62(06-O-0038), § 5B, 7-7-08; Ord. No. 2018-11(18-O-1023), § 7.A, 5-16-18)

(1)

Front yard: 40 feet.

(2)

Side or rear yard: As determined under section 16-28.011(5)(e)a. and b., except for duplex zero-lot-line development.

(2a)

Side or rear yard: Duplex zero lot line development: No side yard is required along the internal lot line. The internal side or rear lot line may be reduced to zero feet.

(Code 1977, § 16-08.008; Ord. No. 2001-74, § 3, 10-10-01)

None except as required in section 16-08.006.

(Code 1977, § 16-08.009)

The following parking requirements shall apply to all uses approved by special permit as well as permitted uses (see section 16-28.014):

(1)

Schools, colleges, churches, recreation or community centers and other places of assembly: One space for each four fixed seats (with 18 inches of bench length counted as one seat) or one space for each 35 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the following:

(a)

Public or private elementary or middle school: Two spaces for each classroom.

(b)

High school: Four spaces for each classroom.

(c)

Colleges and universities: Eight spaces for each classroom.

(2)

Nursing homes are required to have one space for each four beds. Personal care homes, assisted living facilities, and rehabilitation centers with a residential component are required to have the amount of parking specified by the Land Use Intensity Ratios Table.

(3)

Child care centers, day care centers, prekindergartens, kindergartens, play and other special schools or day care centers for young children: One space per 600 square feet of floor area. In addition to providing off-street parking, such establishments shall provide safe and convenient facilities for loading and unloading children as approved by the director, bureau of traffic and transportation.

(4)

Two-family dwellings, multi-family dwellings and zero-lot-line dwellings and lodging units: Off-street parking ratios per dwelling unit or lodging unit shall be determined from Table I by applying the applicable FAR. See section 16-28.008(7).

(5)

All accessory uses cited in section 16-08.004 shall provide one additional space per 300 square feet of floor area devoted to such space.

(6)

Other uses: One space for each 300 square feet of floor area.

(7)

Accessory outdoor dining: Limited to 25 percent of the total gross floor area of the building or business with no parking requirement; over 25 percent must provide one space per 600 s.f. of the total accessory outdoor dining area including the 25 percent non-exempt floor area.

_____

TABLE I

LAND USE INTENSITY RATIOS

LUI Ratios Times Gross Land Area

See section 16-28.010 for definitions of terms. See also section 16-28.00867.

(Code 1977, § 16-08.010; Ord. No. 2000-08, § 4, 2-16-00; Ord. No. 2002-26, § 2, 3-14-02; Ord. No. 2004-53, § 11D, 8-20-04)

(1)

Public sidewalks shall be located along all public streets and shall consist of two zones: an amenity zone and a walk zone.

(2)

Amenity zone requirements: The amenity zone shall be located immediately adjacent to the curb. Width shall be measured from back (building side) of curb to the walk zone. Minimum width shall be five feet. This zone is reserved for the placement of street trees and street furniture including utility and light poles, public art, waste receptacles, fire hydrants, traffic signs, traffic control boxes, newspaper boxes, transit shelters and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. Such elements, where installed, shall be of a type specified by the Director in accordance with uniform design standards for placement of such objects in the public right-of-way.

(3)

Walk zone requirements: The walk zone shall be located immediately contiguous to the amenity zone and shall be a continuous hardscape for a minimum width of 10 feet for arterial and collector streets and six feet for all other streets. Said zones shall contain a consistent cross-slope not exceeding two percent. No fixed elements, including pole mounted signage, traffic control boxes or other utility structures, shall be placed above ground in the walk zone for a minimum height of eight feet.

(4)

Paving: All sidewalk paving shall be of a type specified in accordance with uniform design standards for placement of such objects in the public right-of-way. Any existing decorative hardscape treatment of sidewalks, including amenity zone and sidewalk walk zone areas, shall be retained as part of any new development or replaced with materials that match in size, shape, and color.

(5)

Street tree planting requirements: Street trees are required and shall be planted in the ground within the amenity zone and spaced equidistance and on-center between street lights a maximum of 40 feet apart. All newly planted trees shall be single-stemmed at a minimum of three inches in caliper (measured 36 inches above ground), shall be a minimum of 12 feet in height at the time of planting and shall be limbed up to a minimum height of seven feet. Trees shall be planted with a minimum of 40 square feet of evergreen ground cover such as mondo grass or liriope spicata. All tree plantings, replacement and removal shall be approved by the city arborist.

(6)

Pedestrian and street lights shall be placed equidistant and on-center between required street trees within the amenity zone.

(7)

Where property within the district abuts an R district without an intervening street, the sidewalk area within 20 feet of such districts shall taper when necessary to provide a smooth transition to the existing R districts sidewalk. In the event that the abutting R district has no existing sidewalk the sidewalk shall taper to a width of six feet, measured from the street curb, or as approved by the Director of the Office of Zoning and Development.

(8)

Adjustments to the sidewalk requirements may be permitted by the Director of the Office of Zoning and Development upon a finding that one or more of the site conditions set forth in subsections (8)(a) through (8)(f) below are present on the site. The applicant requesting the adjustment must provide documentation establishing the presence of the site condition(s) relied upon. If the adjustment results in the waiver of the sidewalk requirement on the site, the applicant shall construct sidewalks of equal or greater length along adjoining streets in a specific location approved by the director.

a.

Trees exist within the proposed sidewalk zone having a diameter at breast height (DBH) of six inches or more;

b.

Topographic conditions exist that would locate the proposed sidewalk walk zone 12 or more inches above or below the top surface of the finished curb;

c.

Topographic conditions exist that would prevent driveway access to the property upon completion of the proposed sidewalk;

d.

Physical conditions exist such as existing structures, existing utility devices, or rock outcroppings that obstruct the installation of the proposed sidewalk;

e.

The existence of an overlay zoning district pursuant to chapter 20 of part 16, an Overlay SPI District, or the BeltLine Overlay District; or

f.

Sidewalk improvements for the proposed sidewalk zone that are planned, approved, and publicly-funded by the City of Atlanta.

(Ord. No. 2018-11(18-O-1023), § 12.E, 5-16-18)