The regulations set forth in this chapter or set forth elsewhere in this part when referred to in this chapter, are the regulations for the SPI-16 Midtown Special Public Interest (SPI) District. These regulations shall supplant existing districts or portions of existing districts as shown on the attached map referenced in section 16-18P.003, except as provided herein.

All attachments referenced in these regulations are attached to the ordinance adopting these regulations. Said ordinance, including all exhibits and attachments, is a public record available for public inspection in the office of the Atlanta Municipal Clerk. The ordinance is also available for public inspection on "final action legislation" link on the city council's website.

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.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2024-22(23-O-1709), § 1, 6-26-24)

The intent of the council in establishing and updating the SPI-16 Midtown Special Public Interest District is as follows:

1.

Implement provisions of the Comprehensive Development Plan incorporating certain recommendations contained in studies of this area, including the initial comprehensive study known as Blueprint Midtown;

2.

Implement provisions of subsequent supplemental plans and studies of this area including Blueprint Midtown II, Midtown Mile Market Overview & Retail Leasing Plan, Midtown Mile Market Research Study, Greenprint Midtown, I-75/85 Connector Transformation Study, Parking Study and Action Plan, Midtown Transportation Plan and Blueprint Midtown 3.0;

3.

Create an urban environment where people can live, work, meet and play;

4.

Encourage a compatible mixture of residential, commercial, cultural and recreational uses;

5.

Improve the aesthetics of the built environment;

6.

Facilitate safe, pleasant and convenient pedestrian circulation and minimize conflict between pedestrians and vehicles;

7.

Maximize opportunities for pedestrian amenities, including public art, safe accessible parks, plazas, and greenways for active and passive enjoyment;

8.

Provide appropriately scaled, continuous pedestrian oriented uses and activities adjacent to sidewalks along streets with identified pedestrian needs;

9.

Provide a range of housing types and prices to meet different housing needs;

10.

Preserve and protect Midtown's historic buildings and sites;

11.

Encourage infill and rehabilitation development within traditionally commercial areas that include proportionately significant residential uses;

12.

Provide for development compatible with existing surrounding residential areas and provide for appropriate transitions between new development toward residential neighborhoods;

13.

Encourage the use of MARTA through the location of mixed-use development around MARTA rail stations;

14.

Minimize the amount of vehicular parking provided by encouraging shared parking and access along with alternative modes of transportation, while continuing to provide sufficient parking in an unobtrusive manner to surrounding residential areas;

15.

Encourage the increased use of alternative modes of transportation and mobility such as walking, biking, and public transportation.

16.

Encourage opportunities for economic development where there is a planned relationship between transportation systems and development.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2024-22(23-O-1709), § 1, 6-26-24)

The boundaries of the SPI-16 Midtown Special Public Interest District are shown on Attachment A SPI-16 Boundaries Map which by this reference is incorporated into and made a part of this chapter. The Midtown Special Public Interest District is divided into three (3) subareas as shown on said Attachment A SPI-16 Boundaries Map. The subareas are described as follows:

Subarea 1: Midtown Mixed Use.

Subarea 2: Midtown Residential.

Subarea 3: Juniper East.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

1.

A special administrative permit (SAP) application and a specified number of copies each of a site plan, landscape plan, and elevation drawings of each exterior façade shall be submitted, as applicable, and approved by the office of zoning and development prior to filing for a building permit. All exterior demolition, new construction (including additions to existing buildings), new or expanded outdoor dining, or work which results in increased lot coverage, modification of the building footprint, or modification of building façades that would reduce the configuration of street facing openings, shall be subject to said SAP approval. All applications for a SAP shall be processed in accordance with the standards and procedures applicable to said SAP applications contained in chapter 25 of part 16 except as otherwise modified by this chapter 18P. No SAP shall be issued until after such time any other required special use permit or board of zoning adjustment action has been obtained.

2.

Administrative variations: As part of general action when plans require approval of an SAP, the office of zoning and development may authorize variations from regulations generally applying based on written findings, to be filed as a public record, that either:

a.

A plan proposed by an applicant, while not strictly in accordance with regulations applying generally within the district, satisfies the public purposes and intent of such regulations, and provides public protection to an equivalent or greater degree than strict enforcement of such regulations would provide; or

b.

In the particular circumstances of the case, strict application of a particular regulation or regulations is not necessary for the accomplishment of public purposes or the provision of public protection, at that time or in the future.

c.

Notwithstanding any provision in this chapter or part to the contrary, no administrative variation shall be authorized for those listed in section 16-18P.005 for the board of zoning adjustments.

3.

The office of zoning and development may exempt certain classes of applications for SAPs from detailed review requirements as set forth upon written findings that generally within these districts, the actions proposed are of such a character or scale as to make detailed reviews and approval unnecessary. Where applications for special administrative permits are determined by reference to such findings to be thus exempted, the permit shall be issued if otherwise lawful.

4.

For the purposes of this chapter, a unified development plan approved under a single SAP and meeting all floor area ratio requirements, open space requirements, and off-street parking requirements, may be subdivided, even if the resultant parcels do not otherwise meet these requirements. Any changes from the approved SAP shall require a new or amended SAP, which shall be based on the geographic extent of the original SAP and shall meet floor area ratio requirements, open space requirements, and off-street parking requirements of such; and shall indicate built or planned improvements on the original parcel(s). Where a single property owner no longer owns all parcels, the applicant shall obtain authorization from all property owners prior to permit submittal.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2024-22(23-O-1709), § 1, 6-26-24)

1.

The permitted principal uses and special uses set forth in Table 1: SPI-16 Midtown Table of Uses shall be permitted only as listed within each subarea with said table of uses shall be permitted only as listed within each subarea within said table of uses and only in the manner so listed. See also section 16-18P.014 for additional use location criteria.

2.

Permitted principal uses. A building or premises shall be used only for the principal uses indicated with a "P" in Table 1: SPI-16 Midtown Table of Uses.

3.

Special use permits. Special use permits shall be required as indicated with "SUP" in Table 1: SPI-16 Midtown Table of Uses. These uses are permissible subject to limitations and requirements set forth elsewhere in this chapter and in Section 16-25.001, et seq.

a.

Eating and drinking establishments:

b.

Transfer of development rights: Transfer of development rights is permissible provided meeting the following criteria in addition to those in section 16-28.023.

i.

Both the sending and receiving properties must be located within SPI-16 whereas for purposes of section 16-28.023, properties shall be deemed to be closely proximate if both lie within this SPI-16 District;

ii.

The sending property must either be considered as new public parking per the table in section 16-18P.010 or new public park space per section 16-18P.010(3)(d) or designated under the city's historic preservation ordinance;

iii.

Whenever the transfer of development rights regulations of this district is at variance with transfer of development rights provisions established in section 16-28.023, the regulations of this district shall apply.

4.

Board of zoning adjustments. The following are permissible only when approved by the board of zoning adjustments through variance or special exception, as applicable:

a.

Outdoor amplified music:

i.

Exception: Live entertainment shall be permitted with the following restrictions:

1.

Live entertainment may only take place between 10:00 a.m. — 8:00 p.m.

2.

Live Entertainment, for the purposes of this chapter, does not include pre-recorded sound.

b.

Alterations in transitional height planes or transitional yards.

c.

Reduction or transfer of parking requirements for parcels east of Juniper Street whereas parking requirements may be reduced and/or transferred off-site.

5.

Prohibited uses and structures.

a.

All uses marked with an "X" in Table 1: SPI-16 Table of Uses shall be prohibited in the subarea(s) identified. All other uses not listed in said Table 1: SPI-16 Table of Uses shall be considered prohibited in all district subareas.

b.

Pedestrian bridges and/or tunnels.

c.

Pedestrian colonnades and/or arcades oriented parallel to the closest street.

6.

Use enclosure requirements.

a.

Unenclosed outdoor displays of merchandise are prohibited in street furniture zones or clear zones.

b.

When located within a supplemental zone, unenclosed outdoor displays of merchandise must at the end of each business day be removed and placed inside a fully enclosed structure.

c.

Veterinary use is allowed provided that the building is fully soundproofed (including an entry vestibule whereas only one set of doors can be opened simultaneously) and does not offer overnight boarding service.

7.

Exclusions. 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.

Table 1: SPI-16 Table of Uses

¹East of Spring St only.

²West of W. Peachtree St only.

³West of Spring St only.

⁴Along Ponce de Leon only.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2018-17(18-O-1070), §§ 1, 2, 6-13-18; Ord. No. 2019-66(19-O-1504), § 14, 12-11-19; Ord. No. 2020-58(19-O-1393), § 38, 10-28-20; Ord. No. 2021-60(21-O-0682), § 36, 12-15-21; Ord. No. 2022-25(22-O-1496), § 1, 8-24-22; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24; Ord. No. 2024-36(24-O-1222), § 6, 9-4-24)

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) pet amenities, bike parking and repair, auto parking to serve authorized uses, outdoor dining, exhibits and displays (without commercial sales transactions) and electric vehicle charging stations equipped with Level 1, Level 2, and/or DC Fast Charge EVSE.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

In addition to the requirements of section 16-28.007, zero-lot-line subdivision is permitted for residential uses provided a minimum of 1,000 square feet in lot area is provided. Other subdivisions shall be allowed but shall not modify the determination of the primary sidewalk-level building façade(s) in section 16-18P.014.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

Property shall be redeveloped in accordance with the requirements of this chapter when 60 percent or greater of the principal building on the property is removed or destroyed by any means. This shall be construed as follows:

1.

Any paving or other accessory structural elements within any required transitional yard shall be removed and buffers provided as required herein, notwithstanding any other provisions in part 16 to the contrary.

2.

If no development is proposed concurrent with proposed demolition, all adjacent rights-of ways shall be repaired to provide ADA accessible public sidewalks within 180 days of completion of demolition. Further, within 18 months of the issuance of an SAP for such demolition, full streetscaping in accordance with section 16-18P.012 (including sidewalks and street trees) shall be installed.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2024-22(23-O-1709), § 1, 6-26-24)

1.

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 16-18P.009(1)(b) below and extending inward over the SPI-16 district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this Section 16-18P.009(1):

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 like 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-16 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required SPI-16 setback or transitional yard adjoining the common property line with such protected district.

ii.

For parcels in an SPI-16 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-16 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.

2.

Transitional yards and screening.

a.

Yards. Where this district adjoins an R district, PD-H district, or SPI-17 (Subarea 4) district without an intervening street, a minimum 20-foot transitional yard is required which shall not be used for the purpose of parking, loading, servicing or any other activity with the exception of private alleys or drives a maximum of ten feet in width. Such yards shall be planted as approved by the city arborist and maintained as a landscaped strip.

b.

Screening. Permanent opaque walls six feet in height shall be provided within the transitional yard and shall be maintained in good condition.

3.

Fences and walls located between the primary building and a side or rear lot line up to six feet in height may be erected. Barbed wire, razor wire, uncoated chain link fence or similar materials shall be prohibited.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2019-09(18-O-1581), § 10.13, 1-31-19; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

Development shall comply with Table 2A entitled "SPI-16 Development Controls Table" and with subsections 1 through 7. Development shall be eligible for incentive(s) upon meeting the corresponding criteria set forth in Table 2B entitled "Bonus Incentives."

Table 2A: SPI-16 Development Control Table

¹The only exception to the Max FAR is via the provision of certain bonuses described below for either: 'Affordable Housing'; 'Buried Parking'; or 'Public Park'; or via a special use permit for the transfer of development rights per section 16-18P.005(3.b).

²Transitional height plane begins 35' above the buildable area boundary and extends at a 45-degree angle away. See section 16-18P.009(1).

³Subject to building code requirements.

Table 2B: Bonus Incentives

1.

Residential uses with more than 50 dwelling units shall: Provide a minimum of five percent of such total dwelling units as units having three or more bedrooms.

2.

Attachment B Conventional Streets and Pedestrian Ways shall govern the following:

a.

New conventional streets and new pedestrian ways shall be constructed as shown in Attachment B in order to create pedestrian and vehicular connectivity.

b.

New conventional streets created per Section 16-18P.010(2.a) above, shall meet the requirements of Section 16-18P.010(3.c) below.

c.

All other regulations within this district applicable to streets and street frontages shall be applied to the new conventional streets and new pedestrian ways required in Attachment B.

d.

The area of any such new conventional streets or new pedestrian ways shall be allowed to be included in the net or gross area calculation for density purposes and shall be afforded a density bonus as specified in section 16-18P.010(3.c) below.

3.

Density bonus opportunities.

a.

Whenever the affordable housing provisions of this district are in conflict with affordable housing established in section 19-1006, the regulations of this district shall apply.

b.

Affordable housing, for the purposes of this chapter, shall mean:

i.

An affordable rental unit that is actively marketed for lease to households having an income, as certified by the prospective tenant(s) at the time of execution of the applicable lease agreement, that does not exceed 60 percent AMI or 80 percent AMI, as applicable, adjusted for household size, for the Atlanta-Sandy Springs-Marietta, Georgia HUD Metro Fair Market Rent Area (as published by HUD as of the date of the tenant's application). The monthly rent amount (not including utilities and mandatory fees) for each affordable workforce housing unit shall be no more than 30 percent of the household's monthly gross income as published periodically by HUD; or

ii.

Developments containing residential uses shall be eligible for the floor area ratio (FAR) bonus set forth in Table 2B for its respective subarea, provided that either:

1.

At least 10 percent of the bonus FAR shall be devoted to on-site affordable housing provided for households at 60 percent of area median income (AMI);

2.

At least 15 percent of the bonus FAR shall be devoted to on-site affordable housing provided for households at 80 percent of area median income (AMI); or

3.

In-lieu of compliance with the on-site affordability requirement, the Applicant elects to pay an in-lieu fee to the City calculated as set forth in subsection 16-18P.010(3)(b)(vii).

In addition to the above each of the following criteria shall be met, where applicable:

iii.

Affordable requirements shall be in place for a minimum of 30 years from the date of issuance of the occupancy permit and shall include deed restrictions governing the resale value or rental rate placed on the affordable units.

iv.

Parking for all such affordable dwelling units shall be leased or sold separately from the rental or purchase price for such units for the life of the unit such that the renter or purchaser has an option to have the unit priced lower than if the price of the unit and parking space were combined.

v.

No temporary or final certificate of occupancy shall be issued until such time as:

1.

A recorded land use restrictive covenant (LURA) or land use declaration, as applicable, in the form provided by the City, is recorded in the Fulton County real estate records, establishing that the affordable housing requirements are met; or

2.

The Office of Buildings has verified that the full in-lieu fee has been collected.

vi.

Applicant may elect to partially or fully satisfy the criterion set forth in subsection 16-18P.010(3)(b)(2)(ii) by leasing affordable units to Housing Choice Voucher recipient households, regardless of their household income. Each unit leased to a Housing Choice Voucher recipient household shall count as one unit provided at the 80 percent AMI range unit set-aside. Units occupied by Housing Choice Voucher households may not be used to satisfy the 60 percent AMI range unit set- aside.

vii.

Applicant may elect to satisfy subsection 16-18P.010(3)(b)(ii) by paying a fee to the City in lieu of compliance with the on-site affordability requirement. In-lieu fees are a public record and calculated yearly to reflect the current market. Rates will be published and made available on the City of Atlanta Department of City Planning website no later than June 1 of each year and will be effective July 1 of that same year. The in-lieu fee plus administrative costs are based on the approximate cost of construction of replacement affordable workforce housing units that were not built on site. Fees collected shall be deposited into a trust fund to support the production and preservation of affordable housing within the Midtown Special Public Interest District.

viii.

The percentage mix of affordable studio, one bedroom, two bedroom, and three-bedroom units shall be proportionally similar to the percentage mix in the overall development.

c.

Connectivity: Shall only be established via new conventional streets, shared streets, mid-block passages, or alleys, and shall be designed to meet the following criteria:

i.

For new public or private conventional streets: A minimum 40' width without gates or similar barriers including a minimum of two travel lanes and along both sides of the street: granite curbing, sidewalk street furniture zones at a minimum width of three feet and sidewalk clear zones at a minimum width of five feet.

ii.

For new public or private shared streets: A minimum 20-foot width paved surface for pedestrians and/or vehicles without gates or similar barriers.

iii.

For new public or private pedestrian ways: A minimum 20-foot width including a minimum 10-foot-wide pedestrian-only pathway.

iv.

For new public or private service streets: A minimum 20-foot width utilized for vehicles only.

d.

Public park space. Shall be designed to meet the following criteria:

i.

Shall provide active and/or passive recreational amenities visible and accessible from any point along 90 percent of any adjacent sidewalk.

ii.

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.

iii.

Shall be designed in accordance with the requirements for supplemental zones in section 16-18P.013.

iv.

Shall be open to the public during all daylight hours.

v.

Shall be continuously well maintained by a designated agent for such maintenance.

4.

Façade materials. Exterior Insulation Finishing System (EIFS) is not allowed.

5.

Roofing. All building and structural roofs shall be constructed of a heat-reflective material to achieve a minimum initial Solar SRI of 78 for a low-sloped roof (less than or equal to 2:12) and a minimum initial SRI of 29 for a steep-sloped roof (more than 2:12) except for those portions of roofing designated for vegetation.

6.

Bridges and tunnels prohibition. Pedestrian bridges and tunnels are prohibited when located above public streets or private streets which function as public streets.

7.

Utility location. Along existing and new type A and B streets shown on attachment B utilities within a sidewalk or supplemental zone shall be located below ground, provided that such utility is not in violation of the policies of utility regulated by the public service commission or otherwise regulated by state law and/or franchise agreement.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2018-17(18-O-1070), §§ 2.1, 8, 6-13-18; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24; Ord. No. 2025-24 (24-O-1581), § 1.A, 7-7-25)

1.

Required open space. The minimum required open space, as defined in section 16-18P.011(2), shall be a percentage of the gross lot area (GLA) and as set forth in Table 3: SPI-16 Open Space Table below. In the case of a mixed-use development the required open space shall be the greatest square footage of open space applicable to that particular component so that any lesser square footage of open space of any other component does not apply.

2.

For the purposes of this chapter, open space shall be defined as set forth in section 16-28.010(5.a) except that balconies for residential units above sidewalk-level shall not count toward open space. Any of the following may count as open space:

a.

Any supplemental zone area(s) which meet section 16-18P.013;

b.

Any new streets, new pedestrian paths or shared vehicular access which meet the criteria of section 16-18P.010(3.c);

c.

Any sidewalk level public park space per the criteria of section 16-18P.010(3.d);

d.

Any portion of a low-sloped roof (less than or equal to 2:12) designed for vegetation;

3.

Open space incentives.

a.

Public art. Sidewalk level public art shall be eligible for an open space bonus in the amount of ten square feet for every square foot of the public art area, up to a maximum of 10,000 square feet of open space bonus, provided that the public art is:

i.

A minimum of 100 square feet in size and provides a level surface (less than a one percent slope) that is visible and accessible from any adjacent sidewalk or public park; and

ii.

Programmed to provide for daily 3-D public art in coordination with the City's Office of Cultural Affairs.

b.

Public park space. Sidewalk level public park space with a minimum size of 5,000 square feet and otherwise meeting the criteria of Section 16-18P.010(3.c) shall be eligible for an open space bonus in the amount of four square feet toward meeting the open space requirement for every square foot of public park space provided.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2018-17(18-O-1070), § 3, 6-13-18; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

Public sidewalks shall consist of two zones: a street furniture zone and a clear zone. Each zone shall be located along all public streets as set forth in Table 4: SPI-16 Sidewalk Table and is subject to the following:

1.

Street furniture zone requirements. Said zone shall be continuously located immediately adjacent to granite curbing and shall meet tree planting requirements of section 16-18P.012(2). The area between such tree planting areas shall either be planted with evergreen ground cover such as mondo grass or a liriope species or shall be constructed in accordance with the Midtown Streetscape Plan. Right-of-way dining may be allowed in the street furniture zone provided securing such a valid permit from the Atlanta Department of Transportation "ATLDOT". In addition, this zone may be used for street furniture specified by the office of zoning and development in coordination with ATLDOT and accordance with the Midtown Streetscape Plan. This furniture may include trash receptacles, traffic signs, bus shelters, bicycle racks, benches, tree fencing, and utility poles (where allowed) or similar elements in accordance with uniform design standards utilized for the placement of such objects in the public right-of-way in a manner that does not obstruct pedestrian access or motorist visibility.

2.

Street tree requirements. Street trees are required to be planted within the street furniture zone spaced equidistant between street lights as specified in the Table 4: SPI-16 Sidewalk Table above and in accordance with the Midtown Streetscape Plan. All newly planted trees shall be a minimum of three inches in caliper measured 36 inches above ground, at a minimum of 12 feet in height and limbed up to a minimum height of seven feet. Trees shall have a minimum planting area of 40 square feet planted with evergreen ground cover such as mondo grass or a liriope species. All plantings, planting replacement and planting removal shall be approved by the city arborist. Tree grates are prohibited and tree fences shall only be allowed along Peachtree Street.

3.

Street light requirements. Street lights that meet a standard Atlanta type as approved by the office of zoning and development are required to be installed within the street furniture zone spaced equidistant between required street trees as specified in the Table 4: SPI-16 Sidewalk Table above and in accordance with the Midtown Streetscape Plan.

4.

Clear zone requirements. Said zone shall be continuous standard concrete hardscape located immediately contiguous to the street furniture zone at widths specified in the Table 4: SPI-16 Sidewalk Table above. Said zone shall be unobstructed by any permanent element to a minimum height of ten feet. Where property within this district abuts another district without an intervening street, the sidewalk shall taper as necessary to provide a smooth transition to the abutting district sidewalk. If the abutting district has no existing sidewalk, the sidewalk shall taper to a width of six feet.

5.

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 2½ feet and eight feet above grade. See also section 16-28.009: Visibility at Intersections.

6.

Outdoor dining within the street furniture and clear zones: Right of Way Dining may be allowed in the street furniture zone provided securing such a valid permit from ATLDOT, Outdoor dining may encroach into the clear zone provided the following criteria are met:

a.

Peachtree Street shall have a minimum 12 feet of unobstructed clear zone area adjacent to the curb. All other streets shall have a minimum eight feet of unobstructed clear zone area adjacent to the curb;

b.

No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way; and

c.

At such time the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter.

¹5' min. supplemental zones for either 1) streets classified as an 'A' street in Attachment C Street Typology, which by this reference is incorporated into and made a part of this chapter; or having street fronting, sidewalk level residential units; otherwise no supplemental zone is required.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2018-17(18-O-1070), § 4, 6-13-18; Ord. No. 2020-33(20-O-1381), § 28, 6-23-20; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

For purposes of these regulations, the area between a sidewalk and in line with any building façade, or parking lot when no intervening building exists, shall be defined as the supplemental zone. Supplemental zones shall meet the widths as specified in the Table 4: SPI-16 Sidewalk Table above and the following requirements:

1.

When sidewalk level residential units are provided the supplemental zone shall be landscaped with the exception of terraces, porches, stoops, stairs and walkways;

2.

When sidewalk level eating and drinking establishments are provided along A1 and A2 streets as set forth in Table 5: SPI-16 Street Activation Table, outdoor dining shall be provided and shall include tables, seating, and shading and thereafter maintained for outdoor dining use;

3.

The supplemental zone shall be no more than 30 inches above finished grade, unless existing topographical considerations render this requirement unreasonable;

4.

Walls, as defined in Section 16-29.001(25), shall not be allowed between the street and any building except for retaining walls which shall be no more than three feet in height unless existing topography requires retaining walls of a greater height;

5.

Fencing and similar barriers, as defined in section 16-29.001(25), shall only be permitted up to 42 inches in height (including any plant material) in a supplemental zone only for either sidewalk level residential uses or to separate authorized outdoor dining. Such outdoor dining may only be separated by non-fixed fencing (or similar barriers or movable planters). Other fencing is otherwise prohibited when located between the street and any building; and

6.

Within Midtown Residential Subarea 2: Supplemental zone(s) shall be planted with tree(s) having a minimum mature height of 40 feet spaced at maximum 60 linear feet of street fronting property line(s) as approved by the city arborist.

7.

Supplemental zones and sidewalk level open spaces over 5,000 SF (except those adjacent for Places of Worship and Museums/Galleries/Libraries) shall include electricity, seating, and shading elements.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

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 and below the adjacent sidewalk (or street if no sidewalk is existing).

2.

Building floors shall be delineated from the third story above sidewalk level down to each sidewalk level and shall be executed through windows, belt courses, cornice lines and/or similar architectural detailing.

3.

General sidewalk level building façade requirements:

a.

All buildings shall have a minimum 24-foot façade height along the public right-of way and shall have a minimum of one building façade meeting the primary sidewalk-level building façade requirements of this Section;

b.

Active uses along existing and new streets shall be provided as delineated in Table 5: SPI-16 Street Activation Table, to a minimum depth of 40 feet for non-residential uses and 20 feet for residential uses beginning at any sidewalk level street facing building façade to a minimum height of 20 feet above sidewalk level except when topographical conditions prevent such treatment. These active uses shall be internally illuminated and serviced by plumbing, heating, and electricity and are limited to uses set forth in Table 5: SPI-16 Street Activation Table, with the following exceptions which also shall be allowed:

i.

Fire command and transformer (or similar electrical) rooms, each not exceeding ten feet of street fronting façade length. For parcels with more than one street frontage, such room(s) shall be located on the lesser classified street(s) according to Attachment C Street Typology Map; and

ii.

Structures required for public transit;

c.

The primary street fronting pedestrian entrance for sidewalk level uses:

i.

Shall face, be visible and be accessible with a push button activator seen from the clear zone sidewalk connected with a minimum of five feet wide pedestrian walkway; and

ii.

Shall have a minimum six-inch-high street address located directly near the primary building entrance clearly visible from the sidewalk;

d.

Residential uses which do not have street frontage shall be linked to the public sidewalk with a minimum four feet wide pedestrian walkway.

e.

Accessory residential uses (such as lobbies, clubhouses, mail rooms and similar) at the sidewalk level along type A streets shall be limited to the greater of either: 40 feet of street frontage; or 50 percent of the overall street fronting façade length. Any bike room shall be located on the lesser classified street(s) according to Attachment C Street Typology Map and limited to 20 feet of such street frontage length.

4.

Fenestration requirements. Street-fronting sidewalk level building façades, except places of worship, fire stations & MARTA uses, shall meet the following requirements:

a.

Length. Fenestration and entrances shall be provided for a minimum of the horizontal length of each street-fronting sidewalk-level façade, as designated in the Table 5: SPI-16 Street Activation Table. The length of façade without intervening fenestration or entryways shall not exceed 20 feet;

b.

Surface treatment and visibility. Windows and door glass shall utilize clear glass or tinted glass. Tinted glass shall have a transmittance factor of 50 percent or greater and shall have a visible light reflectance factor of ten or less having visibility into the building for a minimum depth of ten feet as measured from the interior windowpane. Painted glass, reflective glass or other similarly treated or opaque windows are prohibited.

c.

Non-residential uses. Fenestration and entrances shall be-measured beginning at a point not more than 36 inches above the required sidewalk to a height at least ten feet above said sidewalk unless:

i.

When the finished floor elevation is 36 or more inches above the sidewalk: Beginning at the finished floor elevation to a height at least ten feet above the finished floor elevation; or

ii.

When the finished floor elevation is below said sidewalk: Beginning at a point not higher than six inches above the adjacent sidewalk to a height at least ten feet above the finished floor elevation.

d.

Residential uses. Fenestration and entrances shall have windows at a minimum of four feet in height.

Table 5: SPI-16 Street Activation Table

¹ Limited 40 feet of street frontage for each use, provided that the sum of all such uses shall not exceed 50 percent of the overall street fronting façade length along a type A1 street.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2018-17(18-O-1070), § 5, 6-13-18; Ord. No. 2022-25(22-O-1496), § 2, 8-24-22; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

Refer to section 16-28A: Sign Ordinance.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2018-17(18-O-1070), § 5, 6-13-18; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

1.

All lighting, including all parking decks, surface parking lots and lit canopies shall reduce light spillage onto adjacent properties by providing cutoff luminaries which have a maximum 90-degree illumination. See also section 16-18P.020.

2.

All lighting that up-lights trees, buildings or other elements shall be located a minimum height of eight feet above an adjacent sidewalk level when not located within completely landscaped areas.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

The off-street loading requirements for this district are as shown in the table of loading requirements, section 16-28.015, off-street loading requirements. See section 16-18P.018 below for screening requirements.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2019-09(18-O-1581), § 4.E, 1-31-19; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

1.

Dumpsters and trash areas. Dumpsters and trash areas shall be screened so as not to be visible from any public plaza, outdoor dining area, public sidewalk or public right-of-way and if otherwise visible shall be enclosed with opaque walls six feet in height.

2.

Loading areas.

a.

Loading areas shall be screened so as not to be visible from any public plaza, outdoor dining area, public sidewalk or public right-of-way with the exception of hotel uses. Hotel uses may utilize on-street loading if orientated predominately parallel to the adjacent right-of-way and located fully outside any existing public driving lane and at least partially on private property at a maximum length of 60 feet as permitted by ATLDOT.

b.

Loading dock entrances shall be screened so that loading docks and related activity are not visible from the public right-of-way when not in use.

3.

Building mechanical and accessory features. Shall be in the location of least visibility from the public right-of-way. If located to the side or rear of the principal structure, screening with plant or fence materials shall be required. When located on rooftops, said features shall be incorporated in the design of the building and/or screened with building materials similar to those of the building.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2020-33(20-O-1381), § 29, 6-23-20; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

1.

Sidewalks at curbcuts and driveways. All sidewalk paving materials shall be continued across any intervening driveway. On each side of such a continuous sidewalk a band of textured concrete shall be provided located both in-line with and equal in width to the street furniture zone and in-line with the supplemental zone or building façade at a minimum five feet width.

2.

Curbcut restrictions. No vehicular entrances to properties with frontage on the east side of Peachtree Street shall be located on other public streets which connect Peachtree Street to the Ansley Park neighborhood. Otherwise, except for hotel uses, curb cuts shall be allowed only as follows:

a.

For a parcel with only one street frontage: maximum one curbcut.

b.

For a parcel with two or more street frontages: maximum two curbcuts, both located on the lesser classified street(s) according to Attachment C Street Typology Map. If the two streets have the same classification such curbcut(s) may be on either street.

3.

Curbcut widths. Curb cuts shall be limited in width at the sidewalk to 12 feet for one-way entrances and 24 feet for two-way entrances, unless a greater width is approved by ATL DOT upon its finding of necessity of such a greater width.

4.

Driveway and vehicular services configuration.

a.

Driveways shall be predominantly perpendicular to any adjacent street, except for hotel uses which may have circular drives for the purpose of drop-off and pick-up. Driveways parallel to the street are prohibited between the street and a building.

b.

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.

c.

Drive-through and drive-in facilities shall be prohibited.

5.

Drop-off lanes. No drop-off lanes shall be permitted along public streets except for hotel uses as approved by ATLDOT.

6.

Parking orientation. Entrances to garages and carports that serve one or more contiguous sidewalk-level residential units only shall share one common drive with any garages and carports facing rear or side yards having no street frontage.

7.

Parking structure public screening. In addition to section 16-28.028, parking structures shall have the following additional requirements:

a.

At a height of 36 feet or less above finished grade which faces any public or private street shall meet section 16-18P.014(3)(b) to provide an intervening building having conditioned habitable space along the length of such parking structure;

b.

At a height of 36 feet or more above finished grade which faces any public or private street shall provide either:

i.

An intervening building at average depth of 20 feet having conditioned habitable space along the length of such parking structure; or

ii.

All openings of the parking structure shall be fully screened from view from adjacent public or private streets so that cars, sloped ramps, and interior deck lighting are not visible from adjacent streets. In addition, along type A and B streets, the façade design of said parking structure shall be compatible with the principal building in terms of architectural style, texture, quality, and material;

c.

Side or rear yard facing parking deck façades that are exposed and visible from a public street, shall screen such visible portions of the parking deck utilizing the parking deck screening regulations provided in section 16-28.028(1)(b)(ii).

8.

Parking structure buffers. Along non-street facing sides of parking structures a minimum ten feet wide continuous landscaped strip shall be provided between the structure and the property line(s). This landscaped strip shall be planted with a combination of trees with evergreen ground cover such as mondo grass, liriope species, ivy, or shrubs with all plantings to be approved by the city arborist.

9.

Public parking signage. Parking facilities providing either public parking spaces or more than 50 park-for-hire parking spaces shall provide standard signage indicating public parking in accordance with the Midtown standard in coordination with ATL DOT.

10.

Shared access. Notwithstanding the provisions of section 16-28.006(10), a common or joint driveway may be authorized when adjacent lots have direct vehicular access to a publicly accessible street and a perpetual easement agreement is agreed upon by all affected property owners and included in the SAP application.

11.

Pedestrian walkways from parking. All sidewalk level parking, including parking decks, shall have walkways a minimum width of four feet connecting such parking to the public sidewalks and to building entrances.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17Ord. No. 2018-17(18-O-1070), § 6, 6-13-18; Ord. No. 2020-33(20-O-1381), § 30, 6-23-20; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

In addition to the provisions of section 16-28.008(7), sections 16-28.013 and 16-28.014), the vehicular parking requirements set forth in Table 7: SPI-16 Off Street Parking Requirements shall apply and are further subject to subsections 1 through 5 below:

Table 7: SPI-16 Vehicular Off-Street Parking Requirements

Note: All car share or carpool/vanpool (or similar) spaces shall not count toward the above parking criteria.

*Unbundling: Parking for all residential dwelling units may be leased or sold separately from the rental or purchase price for the life of the unit such that the renter or purchaser has an option to have the unit priced lower than if the price of the unit and parking space were combined.

1.

Off-street surface parking.

a.

Shall not be located closer to a street than any on-site building façade and shall not occupy more than 50 percent of any street frontage parcel length;

b.

Shall be prohibited from being located within 30 feet of the back of the public sidewalk located along an "A" classified street.

c.

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 as specified in section 16-18P.020(5) below.

d.

Park-for-hire surface parking lot(s) as a principal use are prohibited.

2.

Parking structures. Parking spaces provided in excess of the parking requirements of this section 16-18P.020 shall only be allowed as park-for-hire spaces located within a parking structure. Said excess spaces shall be considered a principal use and shall first require a special use permit as authorized in section 16-18P.005. Otherwise, when the number of parking spaces does not exceed the requirements of this Section, said spaces shall be permitted to be used as park-for-hire parking decks without a special use permit.

3.

Electric vehicle charging stations. All parking facilities shall include electric vehicle charging stations, or similar alternative fuel facilities, in a ratio of at least one station for every 20 automobile parking spaces. Each electric vehicle charging station shall provide Level 2 or Direct Current Fast Charging connections for one or more parking spaces. See also criteria in section 16-28.017.

4.

For specific non-residential uses.

a.

Child care centers, day care centers, pre-kindergartens, play and other special schools or day care centers for young children: Such establishments shall provide safe and convenient facilities for loading and unloading children, as approved by ATL DOT.

b.

Schools, colleges, places of worship, recreation or community centers and other places of assembly. A minimum of one space for each six fixed seats with 18 inches if bench length counted as one seat or one space for each 50 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the following maximums:

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.

5.

Parking, lighting, security, landscaping and maintenance. All surface parking lots and structures, whether a nonconforming principle use or accessory use, shall meet the following requirements:

a.

Lighting shall be provided throughout all parking facilities to equal a minimum of one-half footcandle of light. For parking structures at points of ingress and egress such lighting shall be a minimum of one footcandle of light. Where applicable, public street and other ambient lighting may be utilized to either partially or totally fulfill these lighting requirements; however, if removed it shall be required to independently provide these required levels of illumination.

b.

Surface parking lots: The requirements of City of Atlanta Chapter 158 Vegetation, Article II Tree Protection, Section 30 Parking lot requirements shall apply to this district regardless of the size of the lot.

c.

Parking facilities shall be maintained in a clean, safe and sanitary condition with parking spaces and driving lanes clearly defined and maintained. See also section 16-28.014 for additional requirements.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2018-17(18-O-1070), §§ 7, 9, 6-13-18; Ord. No. 2020-33(20-O-1381), § 31, 6-23-20; Ord. No. 2022-44(22-O-1535), § 3, 12-14-22; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

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

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2018-17(18-O-1070), § 10, 6-13-18; Ord. No. 2019-09(18-O-1581), § 12, 1-31-19; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)

1.

Showering facilities. All office buildings containing over 25,000 square feet of gross office space shall provide showering facilities including showers and lockers, in a ratio of at least one showering facility for every 25,000 square feet of gross office space, available to all building tenants and their employees, provided that no building shall be required to exceed a maximum of eight showering facilities.

2.

Transportation management plans. The office of buildings shall not issue any certificate of occupancy permits for any multi-family residential, office, or hotel development (including the sum of such uses in combination) having more than 25,000 square feet of gross floor area until such time the developer or their specified agent has submitted to the office of zoning a transportation management plan (TMP). This TMP shall contain strategies to reduce single occupancy vehicle trips generated by the project and shall be in accordance with the Transportation Management Plan Development Guide, a document maintained by the Atlanta Department of Transportation.

3.

A summary report of ongoing implementation of the TMP shall be submitted annually.

(Ord. No. 2017-56(17-O-1401), § 1(Exh. 1), 10-2-17; Ord. No. 2021-10(20-O-1723), § 4, 3-10-21; Ord. No. 2024-22 (23-O-1709), § 1, 6-26-24)