The regulations set forth in this Chapter or set forth elsewhere in this part when referred to in this Chapter are the regulations for the SPI-2 Fort McPherson Special Public Interest District. These regulations shall supplant existing districts or portions of existing districts as shown on the attached map referenced in Section 16-18B.004, except that all existing categories of historic protection designated pursuant to Chapter 20 of this part shall continue in full force and effect and said existing historic protection regulations shall be overlaid upon, and shall be imposed in addition to, the regulations set forth in this Chapter. Whenever the following regulations are at variance with said existing historic protection regulations, the historic protection regulations shall apply.

The regulations set forth in Sections 16-18B.001 through Section 16-18B.019 shall apply to all properties located within the SPI-2 Fort McPherson District, including all subareas within the District.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

The intent of the Council in establishing SPI-2 as a zoning district is as follows:

(1)

Preserve, protect and foster the redevelopment of Fort McPherson through the integration of transportation and land planning in a way that balances local, regional, and state economic benefits;

(2)

Preserve and protect Fort McPherson's historic buildings and sites as recognized by the inclusion of buildings on the National Register of Historic Places and appropriately integrate them into the revitalization and redevelopment of the property;

(3)

Encourage the development of housing that provides a range of opportunities for citizens within the District;

(4)

Encourage a compatible mixture of residential, commercial, industrial, cultural and recreational uses;

(5)

Create an urban environment where people can live, work, meet and play;

(6)

Promote pedestrian safety by providing for pleasant and convenient sidewalk level pedestrian circulation that minimizes impediments by vehicles;

(7)

Encourage the use of MARTA and other public transit facilities;

(8)

Enhance the efficient utilization of accessible and sufficient parking facilities in an unobtrusive manner, including encouraging shared parking and alternative modes of transportation;

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

The boundaries of the SPI-2 Fort McPherson Special Public Interest District are shown on map Attachment B which by this reference is incorporated into and made a part of this chapter and this part. The SPI-2 Fort McPherson District is divided into five (5) subareas as shown on said map Attachment B and which are described as follows.

All subareas are regulated by both conventional zoning and development standards and guidelines. The intent of these standards is to establish clear minimum development standards, allow for the orderly progression of development, and provide flexibility over time without compromising the goals and objectives of SPI-2.

Table 1: Fort McPherson Subareas

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SPI-2 Fort McPherson Subareas
	1 - Market District
	2 - Heritage District
	3 - Campbellton Road District
	4 - Western District
	5 - McPherson TOD District

 

In addition, certain properties within SPI-2 Fort McPherson shall be considered to be historic properties for the purposes of this chapter, as listed below.

Table 2: SPI-2 Historic Properties

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

(1)

A Special Administrative Permit (SAP) application and a specified number of copies each of a site plan, landscape plan, and elevation drawings of each exterior façade shall be submitted, as applicable, and approved by the Office of Zoning and Development prior to filing a building permit application. All exterior demolition, new construction (including additions to existing buildings), new or expanded outdoor dining, or work which results in increased lot coverage, modification of the building footprint, or modification of building facades that would reduce the configuration of street facing openings, shall be subject to said SAP approval. All applications for a SAP shall be processed in accordance with the standards and procedures applicable to said SAP applications contained in Chapter 25 of Part 16 except as otherwise modified by this chapter 18B. No SAP shall be approved until after such time any other required Special Use Permit or Board of Zoning Adjustment action has been obtained.

(2)

Administrative variations: As part of general action when plans require approval of an SAP, the Office of Zoning and Development may authorize variations from regulations generally applying based on written findings that either:

a.

A plan proposed by an applicant, while not strictly in accordance with regulations applying generally within the district, satisfies the public purposes and intent of such regulations, and provides public protection to an equivalent or greater degree than strict enforcement of such regulations would provide; 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 that time or in the future.

(3)

For the purposes of this chapter, a unified development plan approved under a single SAP and meeting all floor area ratio requirements, open space requirements, and off-street parking requirements, may be subdivided, even if the resultant parcels do not otherwise meet these requirements. Any changes from the approved SAP shall require a new or amended SAP, as determined by the Office of Zoning and Development, which shall be based on the geographic extent of the original SAP and shall meet floor area ratio requirements, open space requirements, and off-street parking requirements of such; and shall indicate built or planned improvements on the original parcel(s). Where a single property owner no longer owns all parcels, the applicant shall obtain written authorization from all property owners which shall be submitted with the SAP application.

(4)

In addition to all review processes specified in Section 16-18B, all SAP applications for proposals on or are located within 50 ft. of a building or site listed in Table 2 shall be referred to the Director of the Atlanta Urban Design Commission for review. The Director of the Atlanta Urban Design Commission or their designee in the Office of Design, shall be required to review and approve the proposed work per the requirements set forth in Section 16-18B.020 prior to final issuance of the SAP by the Office of Zoning and Development.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

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 to the contrary. Remodeling shall not be deemed removal or destruction. Destruction made necessary by repairs, maintenance and/or remodeling shall not be construed to be removal or destruction.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

The Fort McPherson property is bounded by a network of improved public streets including Campbellton Road along the northern edge and Lee Street that serves as the eastern boundary of the property. New public streets, private streets, and alleys shall be permitted in SPI-2, and shall be designed to comply with Attachment C-1, C-2 and C-3.

Table 3: SPI 2 Sidewalk and Supplemental Zone Table

^* Ten feet when located along streets which function as an arterial or collector.

^** Five feet minimum required when located adjacent to sidewalk-level residential uses or located along streets which function as an arterial or collector; otherwise no supplemental zone requirement.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

(1)

See SPI-2 Use Table for permitted principal and accessory uses and special permits.

(2)

Permitted Principal Uses:

a.

A building or premise shall be used only for the principal purposes as indicated with a "P" in the SPI-2 Use Table.

b.

For the purposes of this Chapter, uses at sidewalk-level in what would otherwise be classified as an independent primary parking structure shall not constitute principal uses.

(3)

Accessory uses and structures. Accessory uses and structures shall be permitted in this district and shall include those customarily accessory and clearly incidental to permitted principal uses and structures, including accessory parking to serve authorized uses within the district urban gardens, and market gardens limited to parcels that are used as schools, churches, synagogues, temples, mosques and other religious worship facilities all subject to the restrictions set forth in this chapter.

(4)

Special Use Permits: Special use permits shall be required as indicated with "SUP" in the SPI-2 Use Table. These uses shall be subject to the limitations and requirements set herein or elsewhere in this part, and subject to the applicable procedures and requirements set forth in Section 16-25.001 et seq.

Table 4: SPI-2 Use Table

^* Duplexes and single-family dwellings are prohibited in the McPherson TOD District.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19; Ord. No. 2019-66(19-O-1504), § 10, 12-11-19; Ord. No. 2020-58(19-O-1393), § 26, 10-28-20; Ord. No. 2021-60(21-O-0682), § 24, 12-15-21)

See Table 4: SPI-2 Development Controls Table for floor area ratio (FAR), Yard (i.e. setback) Requirements, and Height Requirements.

Table 5: SPI-2 Development Control Table

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

Each development site shall provide 15 percent of public space and useable open space as defined in Section 16-28.010 and 16-28.012.

The total minimum open space required for this district shall be 1,500,000 square feet At the time of submittal of development plans the applicant shall demonstrate the amount of open space associated with the development. Each shall development shall clearly identify the amount of open space that is proposed as a component of the larger requirement.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

Refer to Section 16-28A.010(59). Sign Ordinance.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

(1)

Dumpsters and loading docks shall be located in the side or rear yard, shall be screened from public view with opaque walls or fences a minimum of six (6) feet in height, and shall be paved with impervious materials.

(2)

Where provided, all loading spaces shall provide vertical clearance of fourteen (14) feet and shall not be located within the required sidewalk.

(3)

Building mechanical and accessory features:

a.

Shall be located to the side or rear of the principal structure and shall not be visible from the public view. Screening with plant or fence materials shall be required if the equipment is otherwise visible from the public view.

b.

When located on rooftops, shall be incorporated in the design of the building and screened with building materials similar to the building.

c.

Shall not be permitted between the building and any public street.

(4)

Barbed wire, razor wire, and chain link fencing shall be prohibited

(5)

Loading requirements: Minimum off-street spaces shall be provided according to Table 6: SPI-2 Fort McPherson District Loading Table. All loading spaces shall provide vertical clearance of 14 feet and shall not be located within the required sidewalk. See section 16-18B.014(1) for screening requirements. Reduction of loading spaces may be approved by the director of the Office of Zoning and Development subject to a shared loading arrangement that avoids conflicting loading demands.

Table 6: SPI-2 Fort McPherson Loading Table

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

(1)

Driveways:

a.

Driveways are not permitted between any required sidewalk and a building, and shall be perpendicular to any adjacent street, except for a driveway to reach the side yard or rear yard or an on-site parking facility.

b.

Notwithstanding the provisions of subsection 16-28.006(10) of the Atlanta Zoning Ordinance, a common or joint driveway may be authorized by the Director of the Office of Zoning and Development when adjacent lots have direct vehicular access to a street.

c.

Notwithstanding the provisions of subsection 16-28.006(10) of the Atlanta Zoning Ordinance, a driveway from a private street may be authorized by the Director of the Office of Zoning and Development, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a legal copy of such agreement is provided to the Office of Zoning and Development.

(2)

Curb Cuts:

a.

Driveway and curb cut widths shall be a minimum 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise authorized by the department of transportation.

b.

Curb cuts and driveways shall not be permitted from any boulevard or avenue as identified in the Connect Atlanta Street Design Guide when access may be provided from a side or rear street located immediately adjacent to a contiguous property under the same ownership.

c.

No more than one curb cut shall be permitted for each parcel provided that parcels with more than one street frontage may have one curb cut located on each street frontage.

(3)

Drive-through service windows and drive-in facilities shall not be located between the principal structure and the street.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19; Ord. No. 2020-33(20-O-1381), § 18, 6-23-20)

The requirements of City of Atlanta Code of Ordinances, Chapter 158 Vegetation, article II Tree protection, Section 30 Parking lot requirements shall apply to this district except as modified as follows:

(1)

Said parking lot requirements shall apply to all lots regardless of size;

(2)

All parking bays shall be terminated with a landscaped strip a minimum width of five feet and equal to the length of the parking bay.

(3)

All required landscaped areas shall be planted with evergreen groundcover or shrubs with a maximum height of 30 inches; and

(4)

All landscaped buffer areas and strips along sidewalks, drives, private streets and public rights-of-way shall have a minimum of one tree with a minimum caliper of three and one-half inches.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)

This district shall have no parking minimum or maximum. Parking shall be demonstrated at the time of each application for development.

(1)

All parking areas and structures. All parking areas and structures shall have delineated walkways at a minimum width of four feet connecting parking to the required sidewalks and building entrances.

(2)

Office uses, additional requirements:

a.

All office developments over 100,000 square feet shall reserve and designate at least five percent of the parking spaces "Carpool Only." Such spaces shall be located near the building's entrance or other preferable locations within the employee parking areas as approved by the commissioner of the department of transportation; and

b.

All new parking structures shall be built to accommodate vanpool access at entry level. The minimum ceiling height for vanpools is eight feet two inches.

(3)

Off-site parking variations may be granted by the Office of Zoning and Development subject to evidence of a shared parking arrangement within 600 feet of the property. Said evidence of a shared parking arrangement shall include the following:

a.

A to-scale map indicating location of proposed parking spaces; and

b.

Written consent of property owners agreeing to the shared parking arrangement; and

c.

Copies of current shared parking leases. Renewed leases shall be filed with the Office of Zoning and Development Expiration of the parking lease or failure to file renewed parking leases within 5 days of such renewal or amendment shall result in automatic revocation of the off-site parking variation approval. Any change to the terms of the shared parking leases related to number or location of spaces shall require a new off-site parking variation.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19; Ord. No. 2020-33(20-O-1381), § 19, 6-23-20)

(a)

Bicycle parking shall be provided for each building as specified in the following Table 8: SPI-2 Table of Bicycle Parking Requirements. Bicycle parking requirement shall be calculated based on gross floor area and shall be calculated separately for separate buildings.

Table 8: SPI-2 Table of Bicycle Parking Requirements

(b)

Fixed bicycle racks parking spaces shall conform to all of the following minimum standards:

(1)

Shall not be located inside a building, but may be covered.

(2)

Shall be publicly accessible and provided with lighting at all hours.

(3)

Shall be spaced to provide clear and maneuverable access to a public street or multiuse trail without the use of stairs.

(4)

Shall be located on site or in the adjacent sidewalk furniture zone.

(5)

Shall include a metal anchor sufficient to secure the bicycle frame when used in conjunction with a user-supplied lock.

(6)

When located on-site, shall be located at least as close as the closest automobile space serving the building, except for handicapped parking spaces.

(7)

When located in the public right-of way, shall not impede pedestrian use of the sidewalk and shall only be located within a street furniture and tree planting zone a maximum distance of 100 feet of the building entrance the rack is intended to serve.

(8)

When located in the public right-of-way, shall be of a type specified by the Office of Zoning and Development in coordination with the department of transportation.

(9)

When two bikes can be locked on both sides without conflict, each side can be counted as one required space.

(c)

Enclosed bicycle parking spaces shall conform to all of the following minimum standards:

(1)

Shall provide enclosed bicycle storage in lockers, a room within a building, or within a parking structure.

(2)

Shall be accessible to all building occupants and to public entrances and walkways, secure, weather resistant, and provided with lighting at all hours.

(3)

Shall provide clear and maneuverable access to a public street or multi-use trail without the use of stairs or elevators.

(d)

Buildings containing over 50,000 gross square feet of office space shall provide showering facilities, which shall include showers and lockers, in a ratio of at least two showering facilities for every 50,000 gross square feet of office space in excess of 50,000 square feet. Said facilities shall be available to all office tenants and their employees, provided that the number of shower facilities shall not be required to exceed four.

(e)

The board of zoning adjustment is hereby empowered to waive or reduce the bicycle parking requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of bicycle parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19; Ord. No. 2020-33(20-O-1381), § 20, 6-23-20)

All exterior work that requires an SAP, including alterations, signage, additions, renovations, and partial demolitions, on or located within 50 ft. of a building or site listed in Table 2 to the ordinance creating this district, shall comply with the following requirements:

(1)

Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure or site and its environment.

(2)

The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

(3)

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(4)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object or site shall be kept where possible.

(5)

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(6)

Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

(7)

Painting of unpainted exterior masonry surfaces shall be prohibited.

(8)

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

(9)

Wherever possible, new additions or alterations to buildings, structures or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure or site would be unimpaired.

(10)

Considerations on proposed moving of structures, in whole or in part, shall include the effect on the neighborhood from which the move is made. In general, where the structure forms a significant part of a complex of similarly meritorious buildings, preference shall be given to relocation on a site elsewhere in the district. Where the structure does not form part of such a complex, preference shall be given to removal to a location in which the addition will reinforce existing complexes of buildings of significant historic, architectural and/or cultural character.

(11)

The height or width of any alteration or addition shall not exceed the height or width of the existing building, and any additions shall be located to the rear of the building.

(12)

Site work. Any major alterations to the hardscape, landscape or topography shall:

a.

Maintain the spatial organization of any original open space around the building or on the site;

b.

Not excessively or unnecessarily alter the natural topography of the site, with the exception of grading necessary to protect and preserve the integrity of a structure;

c.

Ensure that any new grades shall meet the existing topography in a smooth transition;

d.

Retain any existing historic circulation systems, including driveways, walkways and paths; and

e.

Ensure that any new circulation systems and substantial reconstruction of existing circulation systems is compatible with the existing circulation systems with respect to layout, scale, materials, and topographic siting.

(13)

Signage. Signs attached to buildings listed in Table 2 to the ordinance creating this district or located within 50 ft. of a building listed in Table 2 to the ordinance creating this district shall be designed in a manner that is compatible with the design, materials and general character of signage from the time period of historical significance for the structure.

(Ord. No. 2019-19(18-O-1326), § 1, 3-13-19)