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-7 Candler Park District. These regulations shall supplant districts or portions of districts as shown on the attached map.

(Ord. No. 1999-63, § 1, 12-15-98)

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

(1)

To physically and architecturally reintegrate the Candler 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 the public park and to provide for open space so as to protect the views 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 but not including any regional facilities such as an amphitheater, in a manner consistent with the Freedom Park Concept Plan.

(4)

To provide for the development of single-family and low-density housing on lots so specified in this chapter in order to implement the goals and objectives of the City of Atlanta 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, site design and street design consistency with the identified significant characteristics of the Candler Park Historic District which is listed in the U.S. Department of 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 the district;

(7)

To encourage owner occupancy of new housing in single-family structures while permitting low-density multi-family housing in designated locations adjacent to Moreland Avenue;

(8)

To develop a transition from Freedom Parkway, the Carter Library and Policy Center, Druid Hills Historic District and the Candler Park Historic District, in a way that encourages visual continuities, urban design linkages, a coordinated park system, transportation corridors, existing historic neighborhood street patterns and an integrated pedestrian and bicyclist network of paths:

(9)

To prohibit future use of the parkland for any expressway or motorized vehicular purpose;

(10)

To provide distinct entrances into the Candler Park Historic District.

(Ord. No. 1999-63, § 1, 12-15-98)

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

(1)

Subarea 1: Public open space or park consisting of property south of North Avenue between Moreland Avenue and Candler Park Drive.

(2)

Subarea 2: This subarea is comprised of three separate areas, defined as those properties which have a front yard on the following streets:

a.

The west side of Page Avenue, the south side of Clifton Terrace, and the east side of Terrace Avenue;

b.

The south side of Druid Place;

c.

The north side of North Avenue.

(3)

Subarea 3: Property located to the east of Moreland Avenue, between Druid Place and Mansfield Avenue.

(Ord. No. 1999-63, § 1, 12-15-98)

The following regulations shall apply to all properties located within the Candler Park Special Public Interest District, including all subareas of said district:

(1)

The provisions set forth in sections 16-18.005, 16-18.006 and 16-18.007 relating to requirements for special administrative permits shall not apply to the SPI-7 Candler 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 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.

(3)

Subdivision, consistent with the Freedom Park Concept Plan and applicable state law, is required pursuant to Part 15 of the Code of Ordinances. Not withstanding 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 the purpose of subdivision approval as to the number, size, width, shave and siting, of lots in single-family districts, substantial compliance with historic lot patterns shall constitute compliance with Part 16 of the Code of Ordinances.

(Ord. No. 1999-63, § 1, 12-15-98)

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 approval 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 wheelchairs 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.

(Ord. No. 1999-63, § 1, 12-15-98)

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

(1)

The specific regulations for the residential subareas shall consist of section 16-18G.006 through section 16-18G.0013.

(2)

No building permit shall be issued by the bureau of buildings within the SPI-7 Candler Park District without the prior approval and issuance of a certificate of compliance from the Atlanta Urban Design Commission (AUDC). The purpose of this requirement is to assist the bureau of buildings with review of proposed permits for consistency with the requirements of sections 16-18G.006 through 16-18G.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 and exterior elevations at a minimum scale of one-fourth inch equals one foot; and outline specifications for all exterior building and landscaping materials. Larger scale drawings at appropriate scale shall be required of significant details when necessary for adequate review. 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 16-18G.006 through 16-18G.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 compliance. 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. AUDC shall notify NPU-N of any variance application, and shall allow NPU-N a maximum of 45 days from the mailing date of such application to NPU-N, so that NPU-N may provide AUDC with written comments on such application.

(4)

The Atlanta Urban Design Commission shall have the sole power to hear, grant, and deny variances from the provisions of this chapter 18G 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. 1999-63, § 1, 12-15-98)

(1)

Subarea 2: A building or premises shall be used only for a single-family detached dwelling or an urban garden. In no case shall there be more than one main building and one main use on a lot.

(2)

Subarea 3: A building or premises shall be used for two-family, multi-family attached dwellings, supportive housing, or an urban garden.

(3)

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

(4)

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

(Ord. No. 1999-63, § 1, 12-15-98; Ord. No. 2009-24(08-O-1251), § 2O, 6-9-09; Ord. No. 2014-22(14-O-1092), § 2-X-i, 6-11-14; Ord. No. 2020-58(19-O-1393), § 32, 10-28-20; Ord. No. 2021-60(21-O-0682), § 31, 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)

When a private garage is part of a principal structure, the vehicular entry door shall not be located on the front façade of the main building, and all vehicular access to the garage shall be from the rear or side of the principal structure. Garages, when detached from the main residential structure, shall be located to the rear of the main structure within the buildable area of the lot and, on comer lots, shall be subject to side yard setbacks.

(3)

Swimming pools, tennis courts, and similar private recreational facilities and areas, 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 on-site 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 and market gardens, 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 per cent 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 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 which are used as churches, synagogues, temples, mosques and other religious worship facilities or schools.

(Ord. No. 1999-63, § 1, 12-15-98; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2014-22(14-O-1092), §§ 2-X-ii, 2-X-iii, 6-11-14)

The following yard requirements shall apply to all permitted uses. Distances shall be construed as minimum requirements except where otherwise specifically indicated:

(1)

Front yards:

a.

Subarea 2A: Page Avenue: 50 feet minimum, 55 maximum; Clifton Terrace and Terrace Avenue 45 feet minimum, 50 feet maximum.

b.

Subarea 2B: 40 feet minimum, 45 feet maximum.

c.

Subarea 2C: 42 feet minimum, 47 feet maximum.

d.

Subarea 3: 20 feet. The front yard shall be the yard adjacent to Moreland Avenue.

(2)

Side yards:

a.

Subarea 2: 7 feet.

b.

Subarea 3: 7 feet, with the exception of the side yards adjacent to Druid Place and Mansfield Avenue which shall be a minimum width of ten feet.

(3)

Rear yards: 7 feet. In Subarea 3 the rear yard shall be considered to be the yard adjacent to the adjoining single-family district.

(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.

(5)

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

(6)

Minimum lot size:

a.

Subarea 2: Every lot shall have a minimum area of 7,500 square feet and a minimum frontage of 50 feet.

b.

Subarea 3: Every lot shall have a minimum net lot area of 10,000 square feet and a minimum lot width of 70 feet. For the purpose of obtaining a building permit, the ratios indicated for Total Open Space (TOSR), and Usable Open Space (USOR) shall be used according to the nearest Floor Area Ratio (FAR) (shown on table 1) to the actual FAR for the development as indicated on the plans presented.

(Ord. No. 1999-63, § 1, 12-15-98)

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.

(1)

There shall be a minimum of two spaces per dwelling unit.

(2)

No parking shall be permitted in a required front yard or half-depth front yard or between a primary residence and a street.

(Ord. No. 1999-63, § 1, 12-15-98)

In addition to the regulations and provisions of this chapter, and except as otherwise specifically provided herein, the following architectural regulations shall apply.

(1)

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

a.

Neighborhood means the Candler 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 character: Late Victorian; Transitional style of bungalow between late Victorian and Craftsman; Bungalows with Greek Revival, Tudor or Craftsman detailing; American Four Square; and Queen Anne. These residential structures generally exhibit the following significant characteristics: small rectangular shaped lots; houses which are generally situated near the front centers of these lots and stand back a uniform distance from the streets; and, due to the hilly topography, many houses with low retaining walls at the sidewalk and with steps which lead up from the sidewalk. 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 the 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 the community.

(3)

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

a.

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

b.

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

c.

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

d.

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

e.

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.)

f.

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

g.

Front porches on the principal structure shall be required. The design and size of said 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. Porches may be enclosed with screen wire or glass, provided that the main characteristics of the porch such as balustrades, columns or porch railings, and balusters are visible and maintained. Front porches may extend up to ten feet into the required front yard. All front porch steps shall have closed risers and ends.

h.

Decks shall be located to the rear of a principal structure and shall not be visible from the public right-of-way.

i.

When any portion of a chimney is visible as a façade element, the chimney shall originate at grade, and shall be faced with either brick or stone masonry.

j.

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

2.

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.

3.

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

4.

If more than one retaining wall is otherwise authorized in the front yard setback, the combined height of said retaining walls should not exceed four feet.

k.

The following aspects of fenestration, 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.

4.

Generally, fenestration shall be double hung.

l.

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.

m.

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 stone work.

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.

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

9.

Visible portions of chimneys.

10.

Front porches, including materials, features, and steps.

n.

Roof-top equipment such as attic ventilators, and HVAC vents, skylights, solar panels, communication equipment, air conditioner units, or any service or utilities equipment, when otherwise permitted and authorized by this Part 16, shall not be visible from any public right-of-way, provided that ridge vents may be visible from the right-of-way.

o.

Service and utilities equipment including gas, water, electricity, telephone, furnaces, and air conditioning units, when otherwise permitted and authorized by this Part 16, shall not be located in a front yard or a half-depth front yard.

p.

Satellite receiving-only dish antennas shall not be authorized other than by special exception by the board of zoning adjustment pursuant to Section 16-28.008 (11).

q.

Exterior lighting systems shall be designed and installed so as to be directed towards the lot on which it is located and so that no direct light is cast upon adjoining property.

r.

Grading shall not excessively or unnecessarily alter the existing topography of the site. New grades shall meet existing topography in a smooth transition. Erosion shall be prevented and runoff kept to a minimum.

s.

Every effort shall be made to preserve existing trees. A certificate of compliance shall be required for the removal of any tree with a caliper at breast height of 12 inches or greater. Trees so removed shall be replaced with trees approved by the city arborist. Before any site preparation work shall begin, a tree plan shall be approved by the city arborist. This plan shall include:

1.

Location of all existing trees with type and caliper indicated;

2.

Location of all existing trees to be saved indicated;

3.

Location of all proposed trees located with type and caliper indicated.

(Ord. No. 1999-63, § 1, 12-15-98)

In addition to the architectural requirements in section 16-18G.011 above, all new construction in Subarea 2 shall comply with the following requirements:

(1)

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

(2)

A planting strip shall be provided adjacent and parallel to the street two feet in width, or in conformity with the width of the existing or pre-existing strip, whichever is greater, and shall remain unpaved.

(3)

A sidewalk not less than five feet in width shall be provided between the planting strip and the required front yard, parallel to the street. Sidewalks shall be paved with a hexagonal paver or stamped with a hexagonal design of a size consistent with the historic sidewalk paving pattern.

(4)

Fences not exceeding four feet in height may be erected in the front yard. Walls, other than necessary retaining walls, shall not be erected in the front yard.

(5)

Driveways within the front yard or half-depth front yard shall be a maximum of ten feet in width.

(6)

Zero lot line development is prohibited.

(Ord. No. 1999-63, § 1, 12-15-98)

In addition to the architectural requirements in section 16-18G.011 above, all new construction in Subarea 3 shall comply with the following requirements:

(1)

Density shall be limited to a maximum of eight units per acre.

(2)

The primary entrance to each residence shall face, be parallel to and be visible from the sidewalk on Moreland Avenue.

(3)

No residential unit shall be located above or below another.

(4)

Any private garage shall be accessible by vehicle only from the rear yard.

(5)

Any parking area shall be located to the rear of the principal structure.

(6)

There shall be a 6 foot high solid wood privacy wall located between Subarea 3 and any adjacent single-family district. Masonry pillars are permitted.

(7)

Fencing or hedges located between Moreland Avenue and the façade line of any building, or in any front yard, shall be a maximum height of three feet.

(8)

Walls shall not be located between the residential structure and Moreland Avenue.

(9)

The distance between any two detached residential structures shall be a minimum of 14 feet.

(Ord. No. 1999-63, § 1, 12-15-98)