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-1 Single-Family Residential District.

(Code 1977, § 16-03.001)

The intent of this chapter in establishing the R-1 Single-Family Residential District is as follows:

(1)

To provide for the protection of areas presently developed on large tracts of land.

(2)

To provide for future compatible development in such areas by permitting development at a density of not more than one dwelling unit per two acres.

(3)

To provide for the development of recreational, religious, and educational facilities as basic elements of a balanced community.

(Code 1977, § 16-03.002)

A building or premises shall be used only for the following principal purposes, and in no case shall there be more than one main building and one main use on a lot:

(1)

Repealed.

(2)

Public schools through the secondary level operated by the Atlanta Board of Education, having no dwelling or lodging facilities except for caretakers.

(3)

Single-family detached dwellings.

(4)

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.

(5)

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

(6)

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

(Code 1977, § 16-03.003; Ord. No. 2020-58(19-O-1393), § 11, 10-28-20; Ord. No. 2021-60(21-O-0682), § 2, 12-15-21)

Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures are permitted. These include but are not limited to the following, subject to limitations and requirements set forth herein or elsewhere in this part:

(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)

Structures necessary for active construction projects.

(7)

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

(8)

Amateur radio service antenna structures 70 feet or less in height. Amateur radio service antenna towers over 70 feet in height shall be by special use permit and comply with the requirements of 16-25.002(3)h, except that subsection h(ii) and subsection h(iv)(d) shall not be applicable to such applications.

(9)

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

(10)

Urban gardens.

(11)

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

Except in the case of home occupation, no accessory use shall be of a commercial nature.

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.

(Code 1977, § 16-03.004; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2014-22(14-O-1092), § 2-A-i, 6-11-14)

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

(1)

Special use permits:

(a)

Cemeteries, mausoleums and columbariums.

(b)

Child care nurseries, day care centers, prekindergartens, kindergartens, play and other special schools or day care facilities for young children on lots of not less than two acres and serving not less than 50 children.

(c)

Churches, synagogues, temples, mosques and other religious worship facilities which do not meet the requirements of section 16-03.003(1).

(d)

Civic, service, garden, neighborhood or private clubs.

(e)

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

(f)

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

(g)

Personal care homes and rehabilitation centers.

(h)

Landfills.

(i)

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).

(j)

Nursing homes.

(k)

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

(l)

Private schools.

(m)

If a lot has no existing street frontage a special use permit is required for the development of a single-family detached dwelling. All other permitted uses and permitted accessory uses and structures are allowed by right on said lot.

(2)

Special administrative permits.

(a)

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.

(b)

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).

(c)

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.

(d)

Urban gardens as a principal use on an undeveloped lot.

(3)

Special exceptions:

(a)

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.

(b)

Repealed.

(Code 1977, § 16-03.005; Ord. No. 1997-06, § 4, 2-10-97; Ord. No. 1997-65, § 1, 11-10-97; Ord. No. 2001-96, §§ II, III, 12-12-01; Ord. No. 2004-53, §§ 2A—2C, 8-20-04; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2008-62(06-O-0038), § 3A, 7-7-08; Ord. No. 2011-39(10-O-1773), § 3A, 9-15-11; Ord. No. 2014-22(14-O-1092), § 2-A-ii, 6-11-14; Ord. No. 2020-60(20-O-1022), § 1, 11-11-20)

None.

(Code 1977, § 16-03.006)

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, except when authorized by a special permit.

(2)

Single-family detached dwellings and all other uses: Every lot shall have an area of not less than two acres and a frontage of not less than 200 feet.

(3)

If a lot has less area of width than herein required and was a lot of record on the effective date of this part, that lot shall be used only for a single-family dwelling.

(Code 1977, § 16-03.007; Ord. No. 2005-21, §§ 1, 2, 3-25-05)

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

(1)

Front yard: There shall be a front yard having a depth of not less than 60 feet.

(2)

Side yard: There shall be two side yards, one on each side of the main building, each having a width of not less than 25 feet.

(3)

Rear yard: There shall be a rear yard of not less than 35 feet.

(4)

Accessory structures: Accessory structures, other than fences, when permitted shall be placed to the side or rear of the main structure within the buildable area of the lot so as not to project beyond the front of the main structure. For fences, see section 16-28.008(5).

(5)

Maximum floor area ratio: The maximum floor area ratio within this district shall not exceed 0.25.

(6)

Maximum lot coverage: Maximum lot coverage within this district shall not exceed 25 percent of total lot area.

(Code 1977, § 16-03.008)

No building shall exceed 35 feet in height. See section 16-28.022 for excluded portions of structures.

(Code 1977, § 16-03.009)

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

(1)

Single-family detached dwellings: Two spaces per dwelling.

(2)

Schools, colleges, churches, recreational 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.

(3)

Nursing homes are required to have one space for each two employees and one additional space if there are three or fewer occupants. If there are four to six occupants, a second additional space is required.

(4)

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.

(5)

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

(Code 1977, § 16-03.010; Ord. No. 2004-53, § 2D, 8-20-04)

Repealed.

(Code 1977, § 16-03.011)