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 SPI-5 Inman Park Special Public Interest District. These regulations shall supplant any districts or portions of districts currently existing within the SPI-5 Inman Park District.

(Ord. No. 1996-44, § 1, 7-8-96)

The intent of the council in establishing the Inman Park Special Public Interest District is as follows:

(1)

To physically and architecturally reintegrate the Inman Park neighborhood by developing public park space and new low density housing in areas that were cleared as a result of public action for the construction of a freeway plan subsequently abandoned;

(2)

To provide for the development of new housing fronting on the public park, and to provide for open space, so as to protect views both to and from the public park and open space;

(3)

To assure that the development and management of this neighborhood public park and open space provides a passive, neighborhood park space, including neighborhood facilities such as a children's playground, but not including any regional facilities such as an amphitheater, in a manner consistent with the goals, objectives, and plans of the Freedom Park Concept Plan;

(4)

To provide for the development of single-family and limited two-family housing on lots so specified in this chapter in order to implement the goals and objectives of the City of Atlanta 1996 Comprehensive Development Plan and the Freedom Park Concept Plan;

(5)

To provide through the administration of specific standards and criteria that new housing achieve architectural and site design consistency with the Inman Park Historic District and Moreland Avenue Historic District which are listed in the United States Department of the Interior National Register of Historic Places;

(6)

To assure that in the process of knitting the neighborhood together through the construction of new housing and park space that the cumulative diversity which typifies the neighborhood is maintained through the prohibition of the repetition of any single-house design within the same block face and other reasonable design regulations that are intended to preserve and enhance the architectural and historic significance of this district; and

(7)

To encourage owner occupancy of new housing in single-family structures, while also offering limited opportunities for small rental apartment units within said structures.

(Ord. No. 1996-44, § 1, 7-8-96)

The boundaries of the Inman Park Special Public Interest District are as shown on map attachment "A" which by this reference is incorporated herein and is made a part of this chapter. The Inman Park Special Public Interest District is divided into three subareas as shown on said map attachment "A", designated as follows:

(1)

Subarea 1: Public open space or park.

(2)

Subarea 2: North Highland-Sinclair single-family and two-family housing.

(3)

Subarea 3: Freedom Park single-family and two-family housing.

(Ord. No. 1996-44, § 1, 7-8-96)

The following general regulations shall apply to the entire district, which includes all three subareas:

(1)

The provisions set forth in sections 16-18.005, 16-18.006 and 16-18.007 shall not apply to the SPI-5 Inman Park District.

(2)

Any proposed amendment to this chapter shall be processed, considered and decided pursuant to the procedures and criteria contained in Chapter 27 of this Part. Prior to action by the zoning review board on any amendment affecting this district, said amendment shall first be referred by the director of the bureau of planning to the Atlanta Urban Design Commission so as to provide an opportunity for review and written comment on said proposed amendment prior to action by the zoning review board.

(3)

Subdivision, consistent with the Freedom Park Concept Plan and applicable state law, is required pursuant to Part 15 of the Code of Ordinances: Notwithstanding the requirements of section 15-07.002 of Part 15, the director of the bureau of planning shall be authorized to initiate the subdivision of this district in accordance with applicable state law and the Freedom Park Concept Plan. For purposes of subdivision approval as to the number, size, width, shape and siting of lots, substantial compliance with attachment C shall constitute compliance with Part 16 of the Code of Ordinance.

(Ord. No. 1996-44, § 1, 7-8-96)

The following specific regulations shall apply to Subarea 1:

(1)

Subarea 1, in its entirety, shall consist of a public park.

(2)

The Freedom Park Concept Plan, shown on map attachment "B", consisting of goals and objectives, text, and a conceptual site plan, is hereby made a part of these regulations for the purpose of determining the conformance and appropriateness of any development. The final design, construction and management of Subarea 1 shall be consistent with said Freedom Park Concept Plan. All proposed development or redevelopment shall require the approved of the AUDC, certifying consistency with said Freedom Park Concept Plan and compliance with all other requirements of this section.

(3)

There shall be no buildings in the park.

(4)

No motorized vehicular use shall be permitted in the park. There shall be no facilities of any kind for motorized vehicles in the park, except that motorized wheel chairs or other similar, small motorized vehicles designed for use by handicapped persons, when so used, shall be permitted in the park.

(5)

Passive use shall be encouraged, with no formal recreation, entertainment, or assembly facilities, other than play equipment for children.

(6)

Special use permits:

a.

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

(7)

Special administrative permits:

a.

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

(Ord. No. 1996-44, § 1, 7-8-96; Ord. No. 1997-06, § 5, 2-10-97)

Subareas 2 and 3 together are identified as the residential subareas. In addition to the general regulations and provisions of this chapter, the following general regulations shall apply to the residential subareas:

(1)

The general regulations for the residential subareas shall consist of section 16-18E.006 through section 16-18E.012.

(2)

No building permit shall be issued by the bureau of buildings within Subarea 2 or Subarea 3 without the prior approval and issuance of a certificate of compliance from the Atlanta Urban Design Commission. The purpose of this requirement is to assist the bureau of buildings with review of proposed permits for consistency with the requirements of sections 16-18E.012 and 16-18E.013 of this chapter. In addition to all materials otherwise required by the bureau of buildings, applications for building permits in these subareas shall include: a site plan at a minimum scale of one inch equals 20 feet; typical building sections; exterior elevations at a minimum scale of one-fourth inch equals one foot: and outline specifications for all exterior building and landscaping materials. Following transmittal of a complete application from the bureau of buildings to the AUDC, the AUDC shall review said application for consistency with the criteria and standards set forth in sections 16-18E.012 and 16-18E.013. The burden is on the applicant to demonstrate said consistency. If the application is consistent with said criteria and standards, it shall be approved and the AUDC shall issue a certificate of compliance certifying said consistency. The AUDC shall have the authority to impose conditions on said certificates as appropriate. If the application is not consistent with said criteria and standards, it shall be denied. Immediately following said action, the AUDC shall transmit the application together with its denial or approval to the bureau of buildings. The bureau of buildings shall then review the application for compliance with all remaining applicable provisions of this chapter and other applicable ordinances. No building permit shall be issued for any application that has not received the required certificate of compliance. Appeals from the final decision of the director may be taken pursuant to the provisions of section 16-30.010 to the board of zoning adjustment.

(3)

All regulations as stated herein shall be minimum standards which shall be followed and shall be applied.

(4)

The urban design commission shall have the sole power to hear, grant and deny variances from the provisions of this chapter 18E when, due to special conditions, a literal enforcement of its provisions in a particular case will result in an unnecessary hardship. The procedures, standards, criteria, and appeal provisions for decisions regarding such variances shall be the same as those specified in Chapter 26 of Part 16 of the Code of Ordinances, which provisions are hereby incorporated herein.

(5)

The City of Atlanta Tree Ordinance shall apply.

(Ord. No. 1996-44, § 1, 7-8-96)

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)

Single-family detached dwellings.

(2)

Two-family dwellings, subject to the limitations and requirements set forth herein.

(3)

A lot shall not be used for more than two dwelling units.

(4)

Urban gardens.

(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.

(Ord. No. 1996-44, § 1, 7-8-96; Ord. No. 2014-22(14-O-1092), § 2-V-i, 6-11-14; Ord. No. 2020-58(19-O-1393), § 28, 10-28-20; Ord. No. 2021-60(21-O-0682), § 26, 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)

Single-family dwellings. (See 16-18E.009(2)).

(2)

Greenhouses, garden sheds, private garages and similar structures. When a private garage is part of a principal structure, the vehicle door shall not be located on the front façade of the main building, and all vehicular access to the garage shall be from the side or rear of the principal structure.

(3)

Swimming pools, tennis courts and similar facilities, subject to the following limitations: Such active recreation facilities in any yard, required or other, adjacent to a street shall require a special exception from the AUDC, which shall be issued only upon finding that:

a.

The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of noise, lights, or concentrations of persons or vehicular traffic; and

b.

The area for such activity could not reasonably be located elsewhere on the lot.

The AUDC may condition the special exception based on concerns regarding fencing, screening or other buffering, existence and/or location of lighting, hours of use, and such other matters as are reasonably required to ameliorate any negative effects of the proposed facility on the neighborhood.

(4)

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

(5)

Structures necessary for active construction projects.

(6)

Devices for the generation of energy, such as solar panels, wind generators and similar devices, when not located in or to the front of the main building and electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE when not located in or to the front of the main building.

(7)

The following regulations shall apply to all permitted accessory uses and structures:

a.

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

b.

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 is in use.

c.

Accessory buildings shall not cover more than 25 percent of the rear yard.

d.

Accessory structures shall be placed to the rear of the main structure within the buildable area of the lot.

e.

Accessory buildings that do not contain a dwelling unit shall not exceed 25 feet in height or the height of the main structure, whichever is less, and shall not contain a total floor area greater than 30 percent of the main structure.

(8)

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

(Ord. No. 1996-44, § 1, 7-8-96; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2014-22(14-O-1092), § 2-V-ii, 6-11-14)

In order to preserve the character of the single-family pattern of development and to preserve the historic pattern in which accessory buildings are visually subordinate to principal residential buildings, the following regulations shall apply:

(1)

Principal building used as a detached two-family dwelling: One of the dwelling units shall not exceed 750 square feet or 40 percent of the principal building, whichever is less.

(2)

Accessory building used as a detached single-family dwelling: The following limitations shall apply:

a.

The accessory dwelling unit shall not exceed 750 square feet or 40 percent of the area of the principal building, whichever is less, or

b.

The accessory building, where it contains the second dwelling unit otherwise permissible pursuant to this chapter, shall not exceed 25 feet in height, or the height of the main structure, whichever is less.

c.

For the purposes of section 16-18E.008(7)e of this chapter, which limits the total allowable area of the accessory building to 30 percent of the principal building, the square footage of the accessory dwelling unit shall not be included when calculating the total area of the accessory building.

(Ord. No. 1996-44, § 1, 7-8-96)

The following minimum yard requirements shall apply to all permitted uses:

(1)

Front yard: There shall be a front yard having a depth of not less than 30 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 seven feet.

(3)

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

(4)

Maximum floor area ratio: The residential, or dwelling, floor area ratio shall not exceed 0.50.

(Ord. No. 1996-44, § 1, 7-8-96)

In addition to the provisions of section 16-28.008(7), which shall apply and are incorporated herein, the following parking requirements shall apply to all permitted uses: Two spaces per building lot.

(Ord. No. 1996-44, § 1, 7-8-96)

In addition to the general regulations and provisions of this chapter, and except as otherwise specifically provided herein, the following architectural regulations shall apply to all residential subareas:

(1)

Definitions. For the purposes of interpreting this code section, the following definitions shall apply:

a.

Neighborhood means the Inman Park Neighborhood as it exists on the official neighborhood map of the City of Atlanta.

b.

Substantially proportional means that the element in question, such as roof pitch, scale, mass, or height, is sufficiently proportional to that found in the chosen architectural style to allow a trained observer to identify the new construction as originating from said architectural style.

c.

Substantially characteristic means that the material in question, such as brickwork, stonework, or roofing material, reflects visual qualities that are sufficiently characteristic of those found in the chosen architectural style to allow a trained observer to confirm that the new construction is consistent with said architectural style.

(2)

Statement of intent. The council finds that the following established residential architectural styles currently exist in the neighborhood and contribute to its unique historic character: Queen Anne; Folk Victorian; High Victorian Eclectic; Neoclassical Revival; Dutch Colonial Revival; Prairie; Stick; and Craftsman. The purpose of the following regulations is to set forth basic, minimum standards of architectural design and construction that are consistent with these existing historic styles of residences within the neighborhood, as the cumulative historic diversity of the built environment is a defining characteristic of this neighborhood. It is not the intent of these regulations to limit the design of new housing to replication of existing structures, but rather to foster residential design that incorporates the historic architectural elements and materials that are specific to the neighborhood in a meaningful, coherent manner. The following regulations are intended to achieve basic compatibility with these existing architectural styles while simultaneously encouraging consistent, creative designs that are more than a mere aggregation of random historic elements, through the use of specific standards and criteria. In addition, these regulations are intended to integrate the aesthetic and physical characteristics of new construction and landscape in this area into the existing neighborhood and public park areas in a meaningful way so as to restore and promote the public health, safety and welfare of this community.

(3)

Standards for criteria. The following standards and criteria shall apply to all new construction in the residential subareas:

a.

All new construction on each lot shall be representative of a single architectural style chosen from those styles set forth in subsection (2) above.

b.

No individual house design shall be substantially repeated on the same side of a street block.

c.

A planting strip not less than four feet in width shall be provided adjacent and parallel to the street and shall remain unpaved.

d.

A sidewalk not less than six feet in width shall be provided between the planting strip and the required front yard, parallel to the street.

e.

A paved walkway from the front sidewalk to the front entry of the principal structure shall be provided.

f.

All front façades, front porches, front steps, and front doors of the principal structure shall face and be parallel to the street.

g.

The form and pitch of the roof of new construction shall be substantially proportional to the chosen architectural style.

h.

The height, scale, and massing of new construction shall be substantially proportional to the chosen architectural style. In no case shall the height of a structure exceed 35 feet. (See section 16-28.022 for excluded portions of structures.)

i.

The first floor of the principal structure shall be on foundations and elevated above grade a minimum of two entrance step risers each of which shall be no less than seven inches in height.

j.

Front porches on the principal structure shall be required. The design and size of said front porch shall be substantially proportional to the chosen architectural style, provided that they shall be a minimum of 12 feet wide or one-third the width of the front façade, whichever is greater, and a minimum of eight feet deep. Front porches shall contain roofs, balustrades, columns, steps, and other features typical of the chosen architectural style. Front porches may extend up to ten feet into the required front yard. All front porch steps shall have closed risers and ends.

k.

Decks are permitted when located to the rear of the principal structure.

l.

When any portion of a chimney is visible as a façade element, the chimney shall originate at grade.

m.

Fences and walls, visible from the public right-of-way upon completion, subject to the provisions of section 16-28.008(5) and the following limitations, may occupy required yards:

1.

Fences not exceeding four feet in height may be erected in the front yard. Walls shall not be erected in the front yard.

2.

Fences and walls not exceeding six feet in height may be erected in side or rear yards.

3.

All fences located in a required front yard or in a required yard adjacent to a street shall be constructed of brick, stone, ornamental iron, or wood pickets, in a manner which is substantially characteristic of the chosen architectural style.

4.

Visible portions of retaining walls located in a required front yard or in a required yard adjacent to a street shall be constructed of stone, brick or smooth stucco in a manner which is substantially characteristic of the chosen architectural style.

n.

The following aspects of fenestration of new construction, if visible from the public right-of-way upon completion shall be substantially proportional to the chosen architectural style:

1.

The style of the individual window.

2.

The size and shape of the individual window opening.

3.

The overall pattern of fenestration as it relates to the building façade.

o.

Mechanical equipment shall be located to the side and rear of the principal structure and where possible in the least visible location. Screening with appropriate plant or fence materials is required if the equipment is visible from the public right-of-way.

p.

The following building materials and design elements of new construction, if visible from the public right-of-way upon completion, shall be substantially characteristic of the chosen architectural style, and shall apply in addition to all other applicable regulations:

1.

The dimensions of the exposed face of lap siding and wood shingles.

2.

The type of brick and pattern of brickwork.

3.

The type of stone and pattern of stonework.

4.

The material and texture of stucco.

5.

The dimensions and placing of architectural ornamentation and trim. This is not intended to require the exact reproduction of existing molding profiles.

6.

The size and type of doors.

7.

The materials and pattern of roofing.

8.

Paving materials for walks and drives. Asphalt is prohibited.

9.

Visible foundation materials. Foundations shall constitute a distinct building design element and shall contrast with the primary façade siding material.

10.

Visible portions of chimneys.

11.

Front porches, including materials, features, and steps.

(Ord. No. 1996-44, § 1, 7-8-96)

In addition to the specific requirements in section 16-18E.012 above, all new construction in Subarea 2 shall comply with the following requirements:

(1)

The front yard setback requirement may be reduced to the average setback of existing structures within the block face on which the lot in question is located. In no case shall the required front yard setback be reduced to less than 15 feet.

(2)

Principal structures shall be of a bungalow type.

(3)

In no case shall be height of a principal structure exceed the average height of the existing principal structures within the block face on which the lot in question is located.

(Ord. No. 1996-44, § 1, 7-8-96)