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-11 Vine City and Ashby Station Special Public Interest District. These regulations shall supplant existing districts or portions of existing districts as shown on the attached map referenced in section 16-18K.003, except that all existing categories of historic protection designated pursuant to Chapter 20 of Part 16 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. Whenever the following regulations conflict with provisions of Part 16 other than historic protection regulations, the more stringent regulation shall apply.

The regulations set forth in sections 16-18K.001 through and including section 16-18K.015 shall apply to all properties located within the SPI-11 Vine City & Ashby Station Special Public Interest District, including all subareas within the District. The remaining regulations set forth in section 18K.016 shall apply only to the subareas identified therein.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

The intent of the council in establishing the SPI-11 Vine City and Ashby Station Special Public Interest District is as follows:

1.

To preserve, protect, and enhance the single-family residential neighborhoods in the area of the Vine City and Ashby MARTA Stations including the Vine City, Washington Park and Ashview Heights neighborhoods.

2.

To preserve and protect the areas adjacent to the Vine City and Ashby MARTA Stations, along Ashby Street, Martin Luther King, Jr. Drive, Mayson Turner Road, Simpson Road and Northside Drive for retail commercial, office, and related accessory uses appropriate to an important neighborhood and university commercial center in the western sector of the city.

3.

To encourage the development of medium-density housing within mixed-use complexes or as independent buildings within the commercial and multi-family subareas of this district.

4.

To encourage medium-density development of all types within the Vine City and Ashby MARTA Station areas which is compatible in scale with surrounding residential neighborhoods.

5.

To encourage opportunities for economic development, both residential and commercial, in the Vine City and Ashby Station areas where there is a planned relationship between the transportation system and development.

6.

To facilitate safe and convenient pedestrian and bicycle circulation and minimize conflict between pedestrians, bicyclists, and automobiles through the implementation of the pedestrian space requirements of this chapter.

7.

To encourage pedestrian flow through the design of buildings with retail uses at the ground level which open on to streets and which encourage active street and pedestrian life.

8.

To encourage use of public transportation, minimize on-site parking requirements, and encourage shared parking in mixed use developments.

9.

To assure that minimum parking needs for the commercial district are met so as to prevent commercial parking within neighborhoods adjoining the Vine City and Ashby MARTA Station District.

10.

To promote the educational, cultural, economic and general welfare of the city by preserving the district's architectural integrity, streetscape patterns, and cultural heritage.

11.

To preserve the district's historic pattern and distribution of building types that are characterized primarily by single-family residences, institutions, and neighborhood commercial buildings, many of which were constructed during the late 19th century and early 20th century.

12.

To ensure harmony and compatibility of visual qualities and spatial relationships that exist between buildings, and between buildings and the street, throughout the district.

13.

To preserve the residential character of all streets and thoroughfares in the district.

14.

To preserve the historic street and lot pattern, and design that are significant elements of the district.

15.

To encourage and ensure development that is complementary to and compatible with the existing historic structures in the district.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

The boundaries of the Vine City and Ashby Station district are as shown on map attachment "B" which by this reference is incorporated herein and is made a part of this chapter. The Vine City and Ashby Station district is divided into 12 subareas as shown on said map attachment "B" and are designated as follows:

1.

Ashby Station Shopping Subarea;

2.

Martin Luther King, Jr. Drive-Ashby Street Commercial Subarea;

3.

University Center Office-Institutional Subarea;

4.

University Residential Subarea;

5.

Ashview Heights Residential Subarea;

6.

Washington Park Single-Family Residential Subarea;

7.

Vine City Single-Family Residential Subarea;

8.

Vine City Multi-Family Residential Subarea;

9.

Simpson Mixed-Use Subarea;

10.

Lowery Mixed-Use Subarea;

11.

Vine City Neighborhood Commercial Subarea; and

12.

Northside Mixed-Use Subarea.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

In all subareas, a building or premises shall be used for the following permitted principal uses, permitted accessory uses and structures, and special permits shall be provided as follows:

1.

Permitted principal uses:

a.

For each subarea, a building or premises shall be used only for the principal purposes as indicated with a "P" in SPI-11: Use Table.

b.

No use or manner of operation shall be permitted which is obnoxious or offensive by reason of odor, smoke, noise, glare, fumes, gas, vibration, unusual danger of fire or explosion, emission of particulate matter, or interference with radio or television communication, or is otherwise incompatible with the character of the district and its relation to adjoining districts.

2.

Permitted accessory uses and structures: Accessory uses and structures permitted within this district shall include those customarily accessory and clearly incidental to permitted principal uses and structures and specifically include clubhouses, pools, and other recreation amenities, and parking to serve authorized residential and non-residential uses within the district subject to the restrictions contained in this Chapter 18K.

3.

Special use permits: The following uses are permissible only by additional special permits of the type indicated subject to limitations and requirements set forth in this Chapter 18K or elsewhere in this part, and subject to the applicable procedures and requirements set forth in section 16-25.001, et seq.

a.

Special use permits: Special use permits shall be required as indicated with "SUP" in SPI-11: Use Table.

b.

Special administrative permits: Special administrative permits shall be required as indicated with "SAP" in SPI-11: Use Table.

c.

Special exceptions: Special exception permits shall be required as indicated with "SEP" in SPI-11: Use Table.

4.

Electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE are permitted as an accessory use in all subareas where 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.

5.

Battery exchange stations shall be permitted where service stations are permitted.

Notes:

¹ Market gardens are limited to parcels that are used as schools, churches, synagogues, temples, mosques and other religious worship facilities.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2009-24(08-O-1251), § 2P, 6-9-09; Ord. No. 2009-76(09-O-1402), § 2, 12-15-09; Ord. No. 2010-18(10-O-0314), § 1, 5-11-10; Ord. No. 2011-16(10-O-1418), §§ 1—3, 5-25-11; Ord. No. 2011-39(10-O-1773), § 3V, 9-15-11; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2014-22(14-O-1092), § 2-Z, 6-11-14; Ord. No. 2017-20(16-O-1629), § 1, 5-1-17; Ord. No. 2018-32(18-O-1232), § 1, 8-29-18; Ord. No. 2019-20(18-O-1679), § 9, 3-13-19; Ord. No. 2020-58(19-O-1393), § 34, 10-28-20; Ord. No. 2021-60(21-O-0682), § 33, 12-15-21)

Subject to the provisions in Part 16, Chapter 24, Nonconformities.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

1.

Adjoining lot with same frontage: Where a lot in any subarea of this district abuts a lot in Subareas 4, 5, 6, 7 and 8 at the side along the same street frontage, and without an intervening street, such lot within this district, or the first 100 feet on such lot if it is wider than 100 feet, shall not be used for any drive-through service window or drive-in facility, car wash, service station, mortuary or funeral home, sales lot for automobiles, repair garage, or paint and body shop even where otherwise specifically authorized.

2.

Transitional height planes.

a.

No portion of any structure shall protrude through a height limiting plane beginning the specified number of feet above the point set forth in subsection 16-18K.006(2)(b) below and extending inward over the SPI-11 district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-18K.006(2):

i.

R-1 through R-5;

ii.

RG-1 and RG-2;

iii.

MR-1, MR-2, and MR-MU; and

iv.

Landmark, Historic, PD, and SPI districts and district subareas having uses and densities predominantly similar to those permitted in the district classifications listed in subsections (i) through (iii) above.

b.

Proximity to districts and measurement applications:

i.

For parcels in an SPI-11 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required SPI-11 setback or transitional yard adjoining the common property line with such protected district.

ii.

For parcels in an SPI-11 district that are not contiguous to but are within 150 feet of a protected district, the transitional height plane shall be measured beginning 15 feet above the nearest lot line of the protected district, provided this transitional height plane shall not extend more than 150 linear feet (measured along the ground) from the protected district up to and into the SPI-11 district. (See diagrams at section 16-29.001(62).)

c.

The purpose and intent of this provision is to provide protection for the named protected districts from nearby looming structures regardless of the presence of an intervening public right-of-way or park or space, public or private street or alley, or any lot or parcel remnant.

d.

Transitional height plane measurements shall be applied to parcels on a point-by-point basis and not average grade.

3.

Transitional yards:

a.

Where any subarea of this district adjoins Subareas 4, 5, 6, 7 and 8 without an intervening street or without meeting the conditions in section 16-18K.006(3)(b) of this chapter, a minimum of 20 feet is required which shall not be used for the purpose of parking, paving, loading, servicing or any other activity with the exception of private alleys or drives up to ten feet in width. Such yards shall be planted as approved by the city arborist and maintained as a landscaped strip.

b.

Where any subarea of this district adjoins Subareas 4, 5, 6, 7 and 8 and contains a building, structure, or use located in both zoning districts, a transitional yard is not required, provided that the portion of the building, structure, or use within 20 feet of such designations shall only contain principal or accessory uses and structures permitted in such district.

c.

Screening: In addition to the above transitional yard requirements, permanent opaque walls six feet in height shall be provided and shall be maintained in sightly condition.

4.

Zero-lot-line development. Zero-lot-line subdivision is permitted for residential uses provided a minimum of 1,000 square feet in lot area is provided.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04; Ord. No. 2019-09(18-O-1581), § 10.10, 1-31-19)

1.

Bulk limitations: See SPI-11: Development Controls, Site Limitations, Sidewalks, Supplemental Zones and Front Yards Table for density and open space requirements. For purposes of this Chapter, and notwithstanding the provisions of section 16-29.001(24), mixed-use development is defined as any development which contains as principal uses both residential and non-residential uses on the same development site, and in which both of such uses are at least 20 percent of the total floor area, excluding accessory uses.

2.

Residential uses may utilize net lot area or gross lot area when calculating maximum permitted residential floor area, provided that Useable Open Space Requirements (UOSR) are calculated based on the same lot area. In Subareas 4, 5, 6 and 7 residential floor area shall be calculated utilizing the net lot area.

3.

Non-residential floor area shall be calculated utilizing the net lot area.

4.

Minimum open space requirements: When either the residential or non-residential component of the development is a minor use of less than 20 percent of the total floor area, minimum open space requirements do not apply to such minor use.

a.

For residential uses, including all residential components of mixed use developments: Open space requirements as indicated on Table I, "Land Use Intensity Ratios" shall be required for Useable Open Space (UOSR) only.

b.

For nonresidential uses, including all non-residential components of mixed-use developments: Public space requirements shall be as indicated in SPI-11: Development Controls, Site Limitations, Sidewalks, Supplemental Zones and Front Yards Table. (See section 16-28.012 for definitions and measurements. Required yards and requirements for sidewalk and supplemental zone widths which are constructed on private property may be counted towards this requirement. Such public space may include planted areas, fountains, plazas, hardscape elements related to sidewalks and plazas, and similar features which are located on private property.)

c.

For mixed-uses: The sum of minimum open space requirements specified in subsections a. and b. above for non-residential and residential shall be met, except that public space requirements may also be counted towards UOSR.

d.

Residential balconies: Balconies for residential units, which are enclosed on no more than three sides, may be counted towards UOSR for a maximum depth of six feet.

e.

New streets incentive: New public streets, or private streets which function as public streets may be counted towards UOSR and public space requirements provided said street:

i.

Connects two other public streets or private streets which meet the requirements of items ii, iii, iv and v below; and

ii.

Meets the requirements of section 16-18K.009;

iii.

Has a maximum of two travel lanes.

iv.

Has components with the following maximum widths, where utilized:

a.

Travel lanes: 12 feet

b.

Bike lanes: 5 feet

c.

Parallel parking: 8 feet

d.

45 degree angled parking lane: 19 feet

e.

60 degree angled parking lane: 20 feet

f.

Does not include gates across said street.

g.

On-street parking incentive: New on-street parking may be counted towards UOSR or public space requirements provided the following criteria are met:

i.

No on-street parking currently exists in the public right-of-way adjacent to the project area for which credit is sought; and

ii.

The new on-street parking is located where there is no existing street lane; and

iii.

The on-street parking occupies an entire block face or a minimum distance of 200 feet; and

iv.

Sidewalk extensions are provided at street intersections; and

v.

All other sidewalk requirements of this chapter are met.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

1.

Developments with more than 600 feet of frontage along a single street shall be divided by public or private streets into blocks having a maximum length of 600 feet, as measured from the back the of the sidewalk clear zone or required supplemental zone. Such streets shall function as public streets and shall connect two other public streets or private streets.

2.

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

3.

Relocation of minimum open space requirements: At the option of the property owner, up to 50 percent of a development's required UOSR or public space may be relocated to an offsite parcel within one-half mile of the donating parcel provided the following criteria are met:

a.

The receiving parcel is in accordance with the City of Atlanta Comprehensive Development Plan as being a designated recipient parcel;

b.

The receiving parcel contains the required amount of open space and said open space in the receiving parcel is located adjacent to and visible from a public street and accessible to the public during normal city park hours;

c.

All of the open space in the receiving parcel meets the definition of UOSR in section 16-28.010(5)(a) except that no portion of any public right-of-way shall be included; and

d.

The open space in the receiving parcel:

i.

Shall provide active or passive recreational amenities;

ii.

Shall be no greater than 24 inches above or below the adjacent public sidewalk for a minimum distance of 15 feet from the beginning of the adjacent sidewalk;

iii.

Shall be visible and accessible from any point along 90 percent of any adjacent sidewalk; and

iv.

Shall permit and encourage pedestrians to walk on a minimum of 80 percent of the surface of the parcel excluding fountains, pedestrian furniture, public art and similar elements.

*Developments less than or equal to one-half acre - a minimum of ten percent of the net lot shall be public space. Developments greater than one acre - a minimum of 20 percent of the net lot shall be public space.

**Development less than one acre - no open space requirements. Developments greater than one acre - a minimum of five percent of the net lot area shall be public space.

^Side or rear yard setback not adjacent to a street. Nonresidential uses: none. Residential uses: 20 feet, or the yard setback may be reduced to zero when no residential windows are adjacent to such yard.

# Front yard setback: the building setback shall be consistent with the historic character as it existed in 1945 for the block face with such like contributing buildings. As such the building setback shall either: i) conform to the setback of the previously existing contributing building of like use; or ii) shall be no closer to the street than the closest and no farther from the street than the farthest contributing structure of like use on that side of the block.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

Public sidewalks shall be located along all streets and shall have minimum widths as specified herein. Sidewalks shall consist of two zones: a street furniture and tree planting zone and a clear zone. Said zones shall have a minimum width as specified in "SPI-11: Development Controls, Site Limitations, Sidewalks, Supplemental Zones and Front Yards Table". The following regulations shall apply to all sidewalks:

1.

Street furniture and tree planting zone requirements: Said zone shall be located immediately adjacent to the curb and shall be continuous. Said zone shall meet the tree planting requirements of section 16-18K.009(3). In addition to the required planting of trees, this zone may also be used for the placement of street furniture including utility poles, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility and as approved by the Director of the Bureau of Planning.

2.

Clear zone requirements: Said zone shall be located immediately contiguous to the street furniture and tree planting zone and shall be continuous. Said zone shall be hardscape, and shall be unobstructed for a minimum height of eight feet.

3.

Street tree planting requirements:

a.

Street trees are required and shall be planted in the ground a maximum of 50 feet on center within the street furniture and tree planting zone and spaced equal distance between street lights.

b.

In Subareas 4, 5, 6 and 7, required street trees may by placed within the front yard instead of being placed within the street furniture and tree planting zone when said zone is three feet in width or less.

c.

All newly planted trees shall be a minimum of three inches in caliper measured 36 inches above ground, shall be a minimum of 12 feet in height, shall have a minimum mature height of 40 feet, and shall be limbed up to a minimum height of seven feet.

d.

Trees shall have a minimum planting area of 32 square feet. All plantings, planting replacement and planting removal shall be approved by the City Arborist. The area between required plantings shall either be planted with evergreen ground cover such as mondo grass or liriope spicata or shall be paved as approved by the Director of Planning.

4.

Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility within visibility triangles at street intersections between the heights of two and one-half feet and eight feet above grade. See section 16-28.008(9), Visibility at Intersections.

5.

Every commercially reasonable effort shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

For purposes of these regulations, the area between any building, parking garage, or parking lot and the required sidewalk, when no intervening building exists, shall be defined as the supplemental zone. Supplemental zones shall meet the following requirements. Except as otherwise specified below, the square footage contained within a supplemental zone which meets all the following supplemental zone requirements may be counted towards UOSR or public space requirements. See also "SPI-11: Development Controls, Site Limitations, Sidewalks, Supplemental Zones and Front Yards Table" for detailed supplemental zone regulations for each subarea.

1.

Supplemental zone general requirements:

a.

When sidewalk level residential units are provided, supplemental zone shall be landscaped with the exception of terraces, porches, stoops and walkways, which may occupy a maximum of two-thirds of the supplemental zone area;

b.

Terraces, porches and stoops shall have a maximum finished floor height of 24 inches above finished-grade, unless existing topographical considerations render this requirement unreasonable, subject to the provisions in section 16-25.002(3);

c.

The supplemental zone shall be no more than 24 inches above the adjacent public sidewalk for a minimum linear distance of 15 feet from the nearest edge of the adjacent public sidewalk, unless existing topographical considerations render this requirement unreasonable; and

d.

Any authorized walls surrounding landscaped and grassed areas shall not exceed a maximum height of 24 inches, except retaining walls, which shall not exceed a maximum height of 36 inches unless existing topography requires a retaining wall of greater height.

e.

Fencing permitted only when:

i.

The supplemental zone is located between sidewalk level residential units and the adjacent street; or

ii.

Said fencing is used to separate authorized outdoor dining from the required sidewalk.

2.

Supplemental zone widths: Along front and side façades shall be a minimum width of five feet when located along streets which function as arterial streets and collector streets.

3.

Supplemental zones containing a depth of 15 feet or less shall meet the following additional requirements:

a.

No balcony shall encroach more than ten feet into the supplemental zone area.

b.

Shall not be counted towards UOSR or public space requirements unless visible and accessible to the general public from the adjacent public sidewalk, with the exception of areas adjacent to sidewalk level residential units.

4.

Supplemental zones containing a depth greater than 15 feet shall be counted towards UOSR or public space requirements only when the following additional requirements are met:

a.

Shall permit and encourage pedestrians to walk on a minimum of 80 percent of the surface of the supplemental zone excluding fountains, pedestrian furniture, public art and similar elements.

b.

When adjacent non-residential ground floor uses are provided, shall be visible and accessible from any point along 90 percent of any adjacent sidewalk.

c.

When adjacent non-residential ground floor uses are provided, all sides of buildings fronting said zone meet the requirements of section 16-18K.009(6).

d.

When adjacent residential ground floor uses are provided, shall provide a pedestrian walkway from said space to the adjacent public sidewalk. Said pedestrian walkway shall be perpendicular to the street and shall connect directly to the public sidewalk and shall be uncovered and open to the sky along its entire length.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

1.

For purposes of this chapter, sidewalk-level shall be defined as any floor of a building with a finished-floor elevation less than or equal to five feet above the adjacent sidewalk or less than or equal to five feet below the adjacent sidewalk.

2.

Delineation of building floors at third story above sidewalk level and lower shall be executed through windows, belt courses, cornice lines or similar architectural detailing.

3.

The primary pedestrian entrance for pedestrians to access all sidewalk level uses and business establishments with public or private street frontage:

a.

Shall face and be visible from the public street when located adjacent to such street. When located adjacent to a street that functions as an arterial street or a collector street, said entrance shall face and be visible from such street.

b.

Shall be directly accessible and visible from the sidewalk adjacent to such street.

c.

Shall remain unlocked during business hours for non-residential uses.

4.

A street address number shall be located directly above the primary building entrance, shall be clearly visible from the sidewalk and shall be a minimum of six inches in height.

5.

Along streets that function as arterial streets and collector streets, sidewalk level uses with street frontage shall only be retail, office, institutional, or residential. Said uses shall be provided for a minimum depth of 20 feet from any building façade along the public sidewalk.

6.

Fenestration:

a.

Street-fronting non-residential uses, with the exception of churches and fire stations, along streets that function as arterial streets and collector streets shall meet the following sidewalk level requirements:

i.

The length of façade without intervening fenestration or entryway shall not exceed 20 feet.

ii.

Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements.

iii.

Fenestration shall be provided for a minimum of 65 percent of the length of all street frontages:

a)

Beginning at a point not more than three feet above the sidewalk, to a height no less than ten feet above the sidewalk; or

b)

Beginning at the finished floor elevation to a height no less than ten feet above the finished floor elevation when the finished floor elevation is three or more feet above the sidewalk; or

c)

Beginning at a point not more than sidewalk level, to a height no less than ten feet above the finished floor elevation when the finished floor elevation is below the sidewalk.

b.

Fenestration shall be provided for a minimum of 25 percent of the length of the street frontage for residential uses on all streets and for non-residential uses, with the exception of churches and fire stations, on all streets other than streets that function as arterial streets and collector streets.

7.

Buildings with residential uses at the sidewalk level shall meet the following regulations:

a.

All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of five feet wide.

b.

All such buildings with more than four residential units that are adjacent to the sidewalk shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch adjacent to the sidewalk. All pedestrian walkways providing such access shall be perpendicular to the street, unless topography prohibits, and shall be permitted to share said walkway with one adjacent unit.

c.

Such buildings shall have windows at sidewalk-level on each street frontage façade which are substantially similar in size to the sidewalk level front façade windows.

8.

Fences and walls shall meet the following regulations:

a.

For residential uses adjacent to the sidewalk, fences shall not exceed 42 inches in height when located between the primary building and the street or between any supplemental zone and the adjacent street. For non-residential uses adjacent to the sidewalk, fences are prohibited when located between the building and the sidewalk except where specifically authorized elsewhere in this chapter for outdoor dining.

b.

Retaining walls located adjacent to a sidewalk along a public street shall not exceed a height of two feet and the combined height of a fence where otherwise authorized and retaining wall shall not exceed a height of five feet, unless existing topography prohibits retaining walls of a lesser height. Retaining walls shall be finished poured concrete or shall be faced with stone, brick or smooth stucco. See section 16-29.001(25)(b).

c.

No walls, except retaining walls, shall be located between the street and any building, with the exception of screening for authorized off-street loading areas.

d.

Fences and walls located between the primary building and the lot line and not exceeding six feet in height may be erected, but shall not be permitted between the primary building and the street.

9.

No barbed wire, razor wire, chain link fence or similar elements shall be visible from any public plaza, ground level or sidewalk level outdoor dining area or public right-of-way.

10.

Gasoline fuel dispenser structures and associated vehicular services such as air pumps and car washes shall not be located between a building and the street.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

1.

Loading areas: Dumpsters and loading areas shall be paved with impervious materials and shall be screened so as not to be visible from any public plaza, ground level or sidewalk level outdoor dining area, public sidewalk or public right-of way. In addition, dumpsters and loading areas serving residential uses shall be enclosed with opaque walls six feet in height.

2.

Loading dock entrances for non-residential uses shall be screened so that loading docks and related activity are not visible from the public right-of-way.

3.

Building mechanical and accessory features:

a.

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

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.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

See Table of Loading Requirements, Section 16-28.015 Off-street Loading Requirements.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04)

1.

All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone.

2.

Driveways shall have a band of textured concrete adjacent to the street which is in-line with and equal in width to the street furniture zone and shall have a textured band of concrete adjacent to the sidewalk which is in-line with the supplemental zone and a minimum width of five feet from the sidewalk.

3.

Driveways curb cuts shall be in conformance with all required Governmental Regulations regarding wheelchair and handicapped accessibility for mobility and access.

4.

Driveway curb cut widths shall be a maximum of 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of the department of transportation. For the purposes of this section, two curb cuts serving two one-way driveways shall only be counted as one curb cut provided that each curb cut does not exceed one lane in width.

5.

Driveway curb cuts shall not be permitted on any street that functions as an arterial street or collector street when access may be provided from a side or rear street located immediately adjacent to a contiguous property, with the exception of hotel patron drop-off drives.

6.

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

7.

No more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have one curb cut located on each street frontage. However, developments on properties with a single street frontage greater than 300 feet shall be permitted two curb cuts along one street frontage, subject to provisions in section 16-25.002(3).

8.

Entrances to garages and carports that serve a single residential unit, and are not located behind the principal structure, shall face the rear yard, or a side yard which has no street frontage.

9.

All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas.

10.

In addition to section 16-28.028, parking deck façades shall have the appearance of a horizontal storied building.

11.

Notwithstanding the provisions of section 16-28.006(10), a common or joint driveway may be authorized by the director of the bureau of planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the bureau of planning, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning.

12.

All developments, including parking decks, shall have sidewalks a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See section 16-18K.015, Minimum Landscaping for Parking Lots and Barrier Requirements.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04; Ord. No. 2008-67(08-O-0196), § 4, 7-21-08; Ord. No. 2020-33(20-O-1381), § 23, 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.

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. 2004-58, § 1(Att. A), 9-15-04)

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 uses approved by special permits. (See also sections 16-28.013 and 16-28.014):

1.

Parking between a building and a street:

a.

Off-street surface parking shall not be located between a building and the street without an intervening building, with the exception of;

b.

Religious institutions with more than one street frontage shall not be permitted to have parking located between a building and a street without an intervening building only on the street that fronts the defined front yard. For religious institutions with more than one street frontage, side yards and rear yards with street frontages shall be permitted to have parking located between a building and a street without an intervening building.

2.

Parking facilities shall be accessory to a permitted principal use only, provided that parking spaces serving another principal permitted use may use such facility for shared parking during non-normal business hours by compliance with section 16-18K.016(6) below.

3.

Specific subarea regulations.

a.

Subarea 11 Neighborhood Commercial Districts: No parking requirements.

4.

For residential uses.

a.

Single-family detached dwellings: No parking requirements.

b.

Bed and breakfast inn: A minimum of 0.5 spaces per rental room plus one space per owner/manager less than half a mile from a transit station, otherwise a minimum of 0.75 spaces per rental room plus one space per owner/manager.

c.

All other residential uses: See Table I, "Land Use Intensity Ratios," for minimum parking requirements under appropriate FAR for the development.

5.

For non-residential uses minimum requirements unless otherwise stated:

a.

Dormitories: No parking requirements.

b.

Eating and drinking establishments, including accessory outdoor dining covered with a permanent structure: One parking space for each 300 square feet of floor area.

c.

Accessory outdoor dining: Limited to 25 percent of the total gross floor area of the building or business with no parking requirement; over 25 percent must provide one space per 400 square feet of the total accessory outdoor dining area including the 25 percent non-exempt floor area.

d.

Specific regulations for retail and eating and drinking establishments within 500 feet of a MARTA rail station entrance, as measured along public streets and pedestrian walkways: Establishments with a floor area of 500 square feet or less shall have no parking requirements.

e.

Fraternities, sororities: One space for two beds plus one space for each 200 square feet of floor area designated or occupied other than for sleeping purposes.

f.

Hotels and motels: One space per rental unit plus one-half space per employee; one space per 100 square feet of restaurant/lounge gross leasable area; one space per 300 square feet of other convention facilities (GLA).

g.

Nursing homes, convalescent homes, and similar care facilities: One space for four beds.

h.

Office uses: No minimum. A maximum of two and one-half spaces for each 1,000 square feet of floor area. Parking during off-peak hours (after 6:00 p.m.) may be shared for other uses.

i.

Schools, colleges, churches, recreation or community centers and other places of assembly: One space for each four fixed seats (with 18 inches if 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:

i.

Public or private elementary or middle school: Two spaces for each classroom.

ii.

High school: Four spaces for each classroom.

iii.

Colleges and universities: Eight spaces for each classroom.

j.

For all other non-residential uses: One parking space for each 600 square feet of floor area shall be provided on the site.

k.

Shelter: One parking space for each on duty staff member, whether paid or unpaid. In addition to staff parking, a space of sufficient size is required for each van, bus or other vehicle used by the facility and one additional parking space shall be provided for each 2,000 square feet of the facility.

6.

Reduction of parking requirements may be permitted by the director of the bureau of planning subject to a shared or reduced parking arrangement under the following criteria:

a.

The arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access;

b.

All shared parking spaces shall be clearly marked; and

c.

An applicant shall submit the following:

i.

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

ii.

Hours of business operation of nonresidential parking users;

iii.

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

iv.

Copies of parking leases. Renewed leases shall be filed with the bureau of planning. Lapse of a required lease agreement shall terminate the special administrative permit for shared parking.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04; Ord. No. 2009-24(08-O-1251), § 2P(3), 6-9-09; Ord. No. 2009-76(09-O-1402), § 3, 12-15-09)

See section 16-28.014(6), Bicycle parking requirements.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04; Ord. No. 2019-09(18-O-1581), § 12, 1-31-19)

The following additional regulations shall apply to each subarea as follows:

1.

Subarea 1: Ashby Station Shopping Subarea:

a.

Lots within this subarea which have frontage on the south side of Carter Street and the west side of James P. Brawley Drive shall be developed with buildings facing said streets.

b.

Carter Street Sidewalks.

i.

On the south side of Carter Street within Ashby Street Shopping Subarea: said sidewalks shall be a minimum width of 19 feet wide including a continuous minimum five feet wide street tree planting strip along the curb, a minimum 12 feet wide multi-use trail and a minimum two feet wide planted shoulder planted with ground cover, or similar off-street facility as approved by the City of Atlanta Department of Planning.

ii.

Alternatively, and subject to the approval of the department of transportation, where it is possible to provide a designated five feet wide bike lane within the roadway on each side of the street in addition to the width of all traffic lanes and any on street parking spaces: 11 feet wide including a continuous five-foot wide street tree planting strip along the curb and a six-foot wide pedestrian clear zone.

iii.

The street tree planting strip shall either be planted with required trees and continuous groundcover such as liriope spicatta or mondo grass, or shall be paved with pavers contrasting the sidewalks and with trees planted in five feet by eight feet tree wells with liriope spicatta or mondo grass groundcover. Street furniture may be placed on paved areas within the street tree planting strip.

2.

Residential Subareas 4, 5 and 6 (University Residential, Ashview Heights Residential and Washington Park Single-Family Residential): Minimum lot requirements: If a lot has less area or 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.

(Ord. No. 2004-58, § 1(Att. A), 9-15-04; Ord. No. 2020-33(20-O-1381), § 24, 6-23-20)