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-6 Poncey-Highland District.

(Code 1977, § 16-18F.001)

The intent of this chapter in establishing the SPI-6 Poncey-Highland District is as follows. It is within the public interest to:

(1)

Encourage and require architectural and site design compatibility for new construction that will impact existing housing and neighborhood quality within the Highland-North Avenue Historic District and other adjacent neighborhoods of historic and architectural significance.

(2)

Encourage and require a high quality of housing development for the entire Presidential Park Development Area, with specific regard to architectural, site and landscape design.

(3)

Encourage owner-occupancy of new housing to the maximum extent possible in single-family, two-family and multi-family structures in accordance with housing densities established for RG-1, RG-2 and RG-4 zoning and the layout of the Poncey-Highland Housing Plan identified below.

(4)

Encourage the construction of affordable high-quality housing through innovative site and building designs that maintain compatibility with existing housing types in adjacent historic neighborhoods, and the objective of high-quality housing development.

(Code 1977, § 16-18F.002)

The regulations are composed of two (2) parts. The first part includes those regulations which apply to the entire SPI-6 district. The second part includes specific regulations which are unique to each of the subareas. The map entitled, "Poncey-Highland Housing Plan" (hereinafter referred to as PHHP), prepared by the City of Atlanta Bureau of Planning dated July 17, 1987, shall be made a part of these regulations for purposes of delineating the subareas.

The SPI-6 Poncey-Highland District is divided into subareas as follows:

(1)

Subarea 1: All new development in this subarea shall be accomplished in accordance with all of the regulations and restrictions of RG zoning for single- and two-family dwellings except as specified in the general regulations for SPI-6 [section 16-18F.004] and the specific regulations for Subarea 1.

(2)

Subarea 2: All new development in this subarea shall be accomplished in accordance with all of the regulations and restrictions of RG-2 zoning and a maximum floor area ratio of 0.348 except as specified in the general regulations for SPI-6 [section 16-18F.004] and specific regulations for Subarea 2.

(3)

Subarea 3: All new development in this subarea shall be accomplished in accordance with all of the regulations and restrictions of RG-2 zoning and a maximum floor area ratio of 0.348, except as specified in the general regulations for SPI-6 [section 16-18F.004] and the specified regulations for Subarea 3.

(4)

Subarea 4: All new development in this subarea shall be accomplished in accordance with all of the regulations and restrictions of RG-4 zoning and a maximum floor area ratio of 1.49 except as specified in the general regulations for SPI-6 and specific regulations for Subarea 4.

(Code 1977, § 16-18F.003)

The following regulations shall apply to the entire Poncey-Highland SPI-6 District, which includes all subareas. All proposed development shall require preliminary design review by the Atlanta Urban Design Commission (AUDC). Plans submitted for review shall include a site plan at a minimum scale of 1″ = 20′, typical building sections, exterior elevations at a minimum scale of ¼″ = 1′-0″, and outline specifications covering all exterior building and landscaping materials. All final construction documents submitted in application for a building permit shall require a certificate of appropriateness from the AUDC as provided for in sections 16-20.007 and 16-20.008 of this part. All proposed development shall conform to the following regulations; and AUDC shall have the power to hear, grant or deny variances from the terms of these regulations.

(1)

Regulations shall be established for all subareas. Regulations as stated herein shall be minimum standards which must be followed and shall be applied by the AUDC.

(2)

The compatibility rule: In order to assure that these regulations allow flexibility and accommodate innovative design solutions, many regulations shall be made subject to the compatibility rule, which states that the element in question (site design, architectural scale and exterior architectural elements) shall be similar in character to that which is prevalent for like uses in the immediate area. The compatibility rule is the discretionary device to allow architectural and site design compatibility, and other special design considerations to be assessed by AUDC. It shall be the responsibility of the applicant to provide substantiation of various design elements in adjacent, existing residential buildings.

(3)

The subdivision of land within the SPI-6 district shall be subject to administrative approval provided for in the Subdivision Regulations of the City of Atlanta. Applications for administrative approval shall not be filed until after required preliminary review by AUDC has occurred. Subdivision of land or combination of lots shall be to the maximum extent feasible, compatible with existing siting characteristics in areas adjoining the SPI-6 district.

(4)

Off-street parking:

a.

Off-street parking shall not be permitted in the front yard of a lot used for residential purposes.

b.

Off-street parking shall be permitted in the rear or side yard of a lot used for residential purposes.

c.

Carports or garages shall be permitted if detached from and located to the rear of the main residential structure. If the structure is located on a corner lot, the front yard setback for that side street shall apply to the construction of a carport or garage. Carports and garages should also be permitted if they are part of the main structure and conform to similar existing structures of the older homes.

d.

Off-street parking shall not be permitted on vacant lots, except that one adjacent lot owned by the resident occupant may be used to park up to two owners' vehicles in operable condition provided such parking does not fall within the established front, side or rear yard setback and such parking is screened from street view by landscaping or fencing as approved by AUDC.

e.

Off-site parking is prohibited.

f.

Off-street parking of personal travel trailers, motor homes and trucks in excess of three-quarter ton shall not be permitted overnight.

(5)

Accessory structures: The design of all accessory structures as defined by this part shall be subject to design review by AUDC.

(6)

Electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE are permitted as an accessory structure and shall be subject to design review by AUDC.

(7)

Site design:

a.

It is not the intent of the SPI-6 district regulations to limit new development to single-family lots matching prior subdivision lines. However, where single-family lots are combined for higher residential development, i.e., condominium development, the siting of all multi-family and single-family structures shall retain the appearance of individual lots with front building façades parallel to street rights-of-way or perpendicular to side lot lines where possible, and with building spacings subject to the compatibility rule and design review by AUDC.

b.

All buildings shall conform to traditional housing characteristics by having a sidewalk, front walk, front yard, front porch, and front doors facing the street.

c.

Driveways extending to parking areas in the side or rear yard shall be a maximum of 10 feet wide where passing through the front yard.

d.

Landscaped areas in front of each residential building shall be designed to reinforce the appearance of individual ownership.

e.

An appropriate buffer of natural material fences or walls shall be provided between multi-family units and existing residential dwellings. Chain link fences are not allowable. Every effort shall be taken to preserve existing trees.

f.

All sidewalks shall be installed to provide a six-foot minimum planting strip between the sidewalk and curb. A minimum of two (2) trees shall be planted for each 50 feet of street frontage. The minimum size of trees shall be two-inch caliper. They shall be planted and maintained by the adjoining property owner(s) in the planting strip. Alternate tree planting plans may be submitted subject to design review.

g.

Retaining walls and fences of like design shall not be continuously built across more than one front yard and shall be subject to design review by AUDC.

h.

Every tree which is removed shall be measured for total caliper. It shall be replaced with trees which, in aggregate, total the same caliper as the tree removed.

i.

Every effort shall be made to preserve existing trees. Before any site preparation work shall begin, a plan shall be submitted to AUDC and to the city arborist to include:

1.

Location of all existing trees with type and caliper indicated;

2.

All existing trees to be saved indicated; and

3.

All proposed trees located with type and caliper indicated.

j.

All trees which are not in good health within three (3) years of installation shall be replaced by the owner.

k.

All services, including gas, water, electricity, telephone, furnaces, air conditioning units, etc., shall not be located on the front of or in the front yards of the main building, nor on the street side yard of the corner lot.

(8)

Building façade:

a.

The proportions of the façade, general façade organization and form shall be subject to design review by AUDC.

b.

Exterior doors visible to the street shall be wood panel or fixed glass panel in wood frame; metal doors and cross-buck type doors are prohibited.

c.

Exterior façade treatment is subject to design review by AUDC. Horizontal lap siding shall not exceed six (6) inches (to the weather) and may be of wood, masonite, aluminum or vinyl. Stucco as a primary façade material shall be limited to a maximum of 20 percent of the housing structures on a block face. Resawn cedar shingles shall be subject to the compatibility rule and shall in no case exceed 50 percent of any building façade. Rusticated materials, such as stone, textured stucco, split cedar shakes, vertical siding, etc., shall be subject to the compatibility rule and shall in no case exceed 20 percent of any building façade visible from the street. Concrete block, asbestos shingles, vinyl shingles and aluminum shingles and synthetic stucco-like materials are prohibited.

d.

Slab on grade construction is prohibited. All buildings shall be elevated on foundation walls which shall be of a material that contrasts with the primary façade siding material. Height and materials are subject to design review by AUDC.

e.

Exterior trim shall be of wood regardless of the primary siding material; aluminum or vinyl is prohibited. The compatibility rule applies to both the type and dimension of trim, including corner boards, fascia, barge and rakes, bottom boards, window and door trim and other like trim.

f.

Windows shall be double-hung or casement types. Individual windows shall have proportions emphasizing the vertical. Minimum window height for building elevations visible from the street is five (5) feet. Sliding glass doors, unfinished metal windows, picture windows and prefabricated bay windows are prohibited where they are visible from the street.

g.

Attic ventilators, skylights, and HVAC vents shall not be visible from the street.

(9)

Roofs:

a.

The compatibility rule shall apply to roof form.

b.

Chimneys shall be of brick, stone, stucco or wood; vinyl, or aluminum enclosures are prohibited.

c.

Attic ventilators, skylights, plumbing vents and HVAC vents shall not be visible from the street.

(10)

Porches:

a.

Porches shall contain balustrades, columns and other features according to the compatibility rule and shall be subject to design review.

b.

Decks shall be permitted on the side and rear of the house if not visible from the street. Wrap-around front porches shall be permitted subject to the compatibility rule.

(Code 1977, § 16-18F.004; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14)

In addition to the general regulations required in section 16-18F.004, the following regulations shall apply to all new development in Subarea 1:

(1)

Permitted uses:

a.

Single-family detached dwellings.

b.

Two-family dwellings.

c.

Parks, playgrounds, recreational centers and community centers and the like when not owned or operated by a government agency.

d.

Urban gardens.

e.

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

f.

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

(2)

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

a.

Greenhouses, garden sheds, private garages and similar structures which shall be located to the rear of the principal structure and not within any required side or rear yards.

b.

Home occupations.

c.

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

(3)

The following uses are permissible upon issuance of a certificate of appropriateness by AUDC, subject to limitation and requirements set forth in this chapter and elsewhere in this part.

a.

One (1) apartment unit per principal structure, not to exceed 750 square feet, and located above residential garages or in basements. The floor area of such units shall not be used in calculation of the FAR for this area.

(4)

Minimum lot requirements:

a.

Single- and two-family dwellings shall require a minimum lot width of 50 feet and a minimum lot area of 7,500 square feet.

(5)

Minimum yard requirements:

a.

Front yard: 40 feet.

b.

Side or rear yard: 7 feet.

(6)

Height requirement: Building height shall not exceed 35 feet.

(7)

Off-street parking: One (1) space per unit shall be required.

(8)

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).

(9)

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).

(Code 1977, § 16-18F.005; Ord. No. 1997-06, § 5, 2-10-97; Ord. No. 2014-22(14-O-1092), §§ 2-W-i, 2-W-ii, 6-11-14; Ord. No. 2020-58(19-O-1393), § 29, 10-28-20; Ord. No. 2021-60(21-O-0682), § 27, 12-15-21)

In addition to the general regulations required in section 16-18F.004, the following regulations shall apply to all new development in Subarea 2:

(1)

Permitted uses:

a.

Single-family detached dwellings.

b.

Two-family dwellings.

c.

Three- and four-family dwellings.

d.

Parks, playground, recreational centers, and community centers and the like when not owned or operated by a government agency.

e.

Urban gardens.

f.

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

g.

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

(2)

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

a.

Greenhouses, garden sheds, private garages, pools and similar structures which shall be located to the rear of the principal structure and not within any required side or rear yards.

b.

Home occupations.

c.

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

(3)

Minimum lot requirements: The following requirements shall apply to any subdivision of land into new lots. Where individual lots are combined for purposes of condominium or other development, the following regulations shall serve as a guide and the compatibility rule shall apply.

a.

Single- and two-family dwellings shall require a minimum lot width of 50 feet and a minimum lot area of 7,500 square feet.

b.

Three- and four-family dwellings shall require a minimum lot area of 10,000 square feet and a frontage of not less than 75 feet.

(4)

Minimum yard requirements:

a.

Front yard: 40 feet.

b.

Side or rear yard: 7 feet.

(5)

Height requirement: Maximum permitted height shall be 40 feet.

(6)

Off-street parking: One (1) space per unit shall be required.

(Code 1977, § 16-18F.006; Ord. No. 2014-22(14-O-1092), §§ 2-W-iii, 2-W-iv, 6-11-14; Ord. No. 2020-58(19-O-1393), § 30, 10-28-20; Ord. No. 2021-60(21-O-0682), § 28, 12-15-21)

In addition to the general regulations required in section 16-18F.004, the following regulations shall apply to all new development in Subarea 3:

(1)

Permitted uses:

a.

Single-family detached dwellings.

b.

Two-family dwellings.

c.

Multi-family dwellings.

d.

Supportive housing.

e.

Urban gardens.

f.

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

g.

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

(2)

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

a.

Greenhouses, garden sheds, private garages, pools and similar structures which shall be located to the rear of the principal structure and not within any required side or rear yards.

b.

Home occupations.

c.

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

(3)

Minimum lot requirements:

a.

Single- and two-family dwellings shall require a minimum lot width of 50 feet and a minimum lot area of 7,500 square feet.

b.

Multi-family dwellings shall comply with all applicable standard ratios on Table I "Land Use Intensity Ratios" in chapter 8 of this part for RG-3.

(4)

Minimum yard requirements:

a.

Front yard: 40 feet.

b.

Side or rear yard: 7 feet.

(5)

Height requirement: The compatibility rule shall apply with a variance of up to 10 percent permitted.

(6)

Off-street parking: One (1) space per unit shall be required.

(Code 1977, § 16-18F.007; Ord. No. 2009-24(08-O-1251), § 2N, 6-9-09; Ord. No. 2014-22(14-O-1092), §§ 2-W-v, 2-W-vi, 6-11-14; Ord. No. 2020-58(19-O-1393), § 31, 10-28-20; Ord. No. 2021-60(21-O-0682), § 29, 12-15-21)

In addition to the general regulations required in section 15-18F.004, the following regulations shall apply to all new development in Subarea 4:

(1)

Permitted uses:

a.

Single-family detached and townhouse dwellings compatible with the architectural style and scale of the neighborhood.

b.

Two-family dwellings compatible with the architectural style and scale of the neighborhood.

c.

Multi-family dwellings.

d.

Parks, playgrounds, recreational centers, and community centers and the like when not owned or operated by a government agency.

e.

Supportive housing.

f.

Urban gardens.

g.

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

(2)

Permitted accessory uses and structures: A building or premises shall be used only for the following accessory purposes:

a.

Greenhouses, garden sheds, private garages and similar structures.

b.

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

c.

Swimming pools, tennis courts and similar facilities.

d.

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

e.

Devices for the generation of energy, such as solar panels, or similar devices that are unobtrusive as determined by AUDC.

f.

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

1.

Establishment for sale of convenience goods.

2.

Eating and drinking establishments.

3.

Personal and professional service establishments.

4.

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

5.

Clubhouses and similar facilities.

Such establishments shall be designed and scaled to meet only the requirements of permanent [residents] and their guests. Such establishments shall not, in combination, occupy more than 10 percent of the total floor area of the total development. All such uses shall be confined to locations in the basement and on the first floor level.

g.

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

(3)

Minimum lot requirements:

a.

Single-family and two-family dwellings: Minimum lot width of 50 feet; minimum net lot area of 7,500 square feet.

b.

Multi-family dwellings shall comply with all applicable standard ratios on Table I "Land Use Intensity Ratios" in chapter 8 of this part for RG-4.

(4)

Minimum yard requirements:

a.

Front yard: 40 feet.

b.

Side or rear yard: As determined under section 16-28.011(5)(e)a. and b.

(5)

Maximum height: Should not exceed 100 feet.

(6)

Off-street parking: One space per dwelling unit shall be required, and all accessory uses shall require one unit for every 300 square feet of floor area.

(Code 1977, § 16-18F.008; Ord. No. 2009-24(08-O-1251), § 2N(1), 6-9-09; Ord. No. 2014-22(14-O-1092), §§ 2-W-vii, 2-W-viii, 6-11-14; Ord. No. 2021-60(21-O-0682), § 30, 12-15-21)