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Atlanta City Zoning Code

CHAPTER 18

- SPI SPECIAL PUBLIC INTEREST DISTRICTS, GENERAL PROVISIONS

Sec. 16-18.001.- Statement of intent.

It is the intent of these regulations to permit creation of Special Public Interest (SPI) Districts:

(1)

In general areas officially designated as having special and substantial public interest in protection of existing or proposed character, or of principal views of, from, or through such areas;

(2)

Surrounding individual buildings or grounds where there is special and substantial public interest in protecting such buildings and their visual environment; or

(3)

In other cases where special and substantial public interest requires modification of existing zoning regulations, or repeal and replacement of such regulations, for the accomplishment of special public purposes for which the district was established.

It is further intended that such districts and the regulations established therein shall be in accord with and promote the purposes set forth in the comprehensive development plan and other officially adopted plans of the city in accordance with it, and shall encourage land use and development in substantial accord with the physical design set forth therein.

(Code 1977, § 16-18.001)

Sec. 16-18.002. - Effect of SPI district designation.

Such SPI districts shall:

(1)

Supplant districts or portions of districts existing at the time of creation of a particular SPI district; or

(2)

Have the effect of modifying requirements, regulations, and procedures applying in existing districts or districts hereafter created and remaining after SPI districts are superimposed, to the extent indicated in the particular SPI amendment.

(3)

The statement of intent for all SPI districts shall specify whether the district supplants existing districts or modifies district regulations.

(Code 1977, § 16-18.002)

Sec. 16-18.003. - Preparation of recommendations for special SPI zoning.

Recommendations for specific SPI zoning amendments shall be prepared by the bureau of planning on its own initiative or at the direction of the council. Each recommendation shall identify the proposed zoning by the SPI prefix and a number identifying the particular district, as for example SPI-1. The identification may also include language indicating the character or location of the district. The recommendation shall contain information and suggestions as indicated below concerning the areas, buildings, and/or premises proposed for such regulations:

(1)

Statement of intent: The application shall include a statement of intent, specifying the nature of the special and substantial public interest involved and the objectives to be promoted by special regulations and/or procedures, within the district as a whole, or within subareas of the district, if division in such subareas is reasonably necessary for achievement of regulatory purposes.

(2)

Proposed district boundaries: The recommendation shall include a map or maps indicating:

(a)

The boundaries of the SPI district and any subareas established within the district for purposes of SPI regulations.

(b)

The zoning designations of all portions of underlying districts, if any, which will remain when SPI zoning is superimposed and the general regulations which will be affected by the superimposed SPI zoning. Where it is proposed to change the boundaries or zoning designation of remaining underlying districts affected in the same action by which SPI zoning is applied, the map shall show the nature and location of such change.

(c)

The location and zoning designation of districts or portions of districts, if any, to be supplanted by SPI zoning.

(3)

Proposed regulations. The bureau of planning's recommendations shall include proposed regulations designed to promote the special purposes of the district, as set forth in the statement of intent. In particular, such regulations may require submission of detailed site plans, building plans and elevations, and maps indicating the relation of proposed development to surrounding or otherwise affected property in terms of location, amount, character and continuity of open space; protection of desirable principal views; convenience of access through and between buildings or in other locations where appropriate for public purposes and where such access will reduce vehicular/pedestrian conflicts on public streets; lighting; mixtures of proposed uses; and other matters as appropriate to determinations related to the special interest of the district and the objectives to be promoted.

(Code 1977, § 16-18.003)

Sec. 16-18.004. - Procedural requirements.

Adoption of SPI districts shall be by the same procedures as for amendments generally.

(Code 1977, § 16-18.004)

Sec. 16-18.005. - Special administrative permit requirement for building permits: Effect on other special permit requirements.

Except as provided below, no building permit in any SPI district shall be issued unless and until it has been approved through the approval of a special administrative permit under the requirements so specified in section 16-25.004, as meeting applicable requirements and intent as set forth for the district involved.

Where regulations may require the approval of special administrative permits for other purposes so specified, processing by the director, bureau of planning shall without additional application include consideration of the other special administrative permits. Where such regulations require special exception or special use permit action, the special administrative permit for building permit purposes shall not be issued until separate application has been made for such special exception or special use permit and the necessary approvals have been obtained.

(Code 1977, § 16-18.005)

Sec. 16-18.006. - Classes of cases exempted from detailed review requirements.

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

(Code 1977, § 16-18.006)

Sec. 16-18.007. - Provisions for variations from regulations applying generally in SPI districts.

As part of general action when plans require approval of a special administrative permit, regulations for a particular SPI district or for specified classes of SPI districts, the director, bureau of planning may authorize variations from regulations generally applying based on written findings that:

(a)

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

(b)

In the particular 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.

Notation concerning the existence of such variation shall be made on the official zoning map, by appropriate identification and date; and a copy of the variation shall be filed in the office of the bureau of buildings for future guidance and as a public record. As appropriate to the circumstances of the case, a copy shall also be recorded with the clerk of the council.

The council or other officials or agencies of the city charged with approval responsibilities under SPI procedures may also be authorized in regulations applying generally within the district upon making findings in a particular case that such variations are necessary to achieve public purposes set forth for the district, or for public protection or the protection of the environs of particular buildings or premises of special and substantial public interest, or to ease the transition from one district to another. Among other things, such variations may require relocation or increase in yards or other open space generally required, reduction in height generally permitted, additional limitations on uses, signs or illumination, and buffering and screening to a greater degree than generally required.

(Code 1977, § 16-18.007)