18R.- SPI-18 MECHANICSVILLE NEIGHBORHOOD SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS10
Editor's note— Ord. No. 2007-67(07-O-1792), § 1(Att. A), approved Nov. 13, 2007, amended Chapter 16-18R in its entirety. Formerly, said chapter pertained to similar subject matter and was enacted by Ord. No. 2003-11, § 1(Att. A), approved Feb. 2, 2003; as amended.
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-18 Mechanicsville Neighborhood Special Public Interest District. These regulations shall supplant existing districts or portions of existing districts as shown on the attached map referenced in section 16-18R.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 16-18R.001 through and including section 16-18R.025 shall apply to all properties located within the SPI-18 Mechanicsville Neighborhood Special Public Interest District, including all subareas within the district, unless otherwise indicated by subarea.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
The intent of the council in establishing SPI-18 Mechanicsville Neighborhood Special Public Interest District as a zoning district is as follows:
1.
Create a diversified city where people across the spectrum of age, income, ethnicity, and culture can live, work, shop, meet, and play;
2.
Improve the aesthetics of streets and the built environment;
3.
Ensure through the administration of specific standards and criteria that new housing achieve architectural, site and street design consistent with the existing historic built environment.
4.
Protect the historic character of the single-family residential areas;
5.
Facilitate safe, pleasant, and convenient sidewalk-level pedestrian circulation that minimizes impediments by vehicles;
6.
Promote public safety through the provision of pedestrian-oriented street-level uses, sufficient sidewalk widths, adequate visibility from adjacent buildings and primary pedestrian access from buildings to adjacent sidewalks;
7.
Ensure pedestrian-oriented building forms which are compatible with the scale, character and needs of the neighborhood;
8.
Encourage a grid of connected streets to improve access and reduce congestion:
9.
Facilitate safe and convenient bicycle usage;
10.
Encourage a compatible mixture of residential, commercial, cultural and recreational uses;
11.
Promote an appropriate balance and scale of commercial uses which meet the needs of nearby residents;
12.
Encourage infill and rehabilitation development within traditionally commercial areas that include proportionately significant residential uses;
13.
Place reasonable controls on the development of larger scale highway-oriented retail, service, office and dining uses which are intended to serve larger areas of the city than a single neighborhood or a small group of neighborhoods;
14.
Encourage owner occupancy and retention of single-family residential structures compatible with the character of the Mechanicsville residential neighborhood while permitting two-family and multi-family housing in appropriate locations;
15.
Provide a range of housing types and prices to meet different housing needs;
16.
Prevent encroachment of incompatible commercial uses and minimize commercial parking in residential subareas;
17.
Provide accessible and sufficient parking in an unobtrusive manner;
18.
Reduce parking requirements by encouraging shared parking and alternative modes of transportation;
19.
Provide sufficient, safe and accessible parks, plazas and greenways for active and passive enjoyment; and
20.
Improve the quality of air and water through provisions for the planting of trees, bicycle parking and an urban form that reduces the need to drive.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
The boundaries of the SPI-18 Mechanicsville Neighborhood Special Public Interest District are shown on map Attachment B which by this reference is incorporated into and made a part of this chapter and this part. The Mechanicsville Neighborhood Special Public Interest District is divided into ten subareas as shown on said map Attachment B and are described as follows:
Subarea 1: Mechanicsville Mixed-Use
Subarea 2: Fulton Mixed-Use
Subarea 3: RDA Neighborhood Commercial
Subarea 4: Multi-Family
Subarea 5: Single-Family
Subarea 6: Two-Family
Subarea 7: Light Industrial
Subarea 8: Heavy Industrial
Subarea 9: Live-Work
Subarea 10: McDaniel-Glenn Mixed-Use
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
A special administrative permit (SAP) application and seven copies each of a site plan, landscape plan and elevation drawings of each exterior façade shall be submitted, as applicable, and approved by the director of the bureau of planning prior to an applicant filing for a building permit. All exterior demolition, new construction (including additions to existing buildings), expansions of existing outdoor dining, outdoor dining within required sidewalk areas, or any construction which results in increased lot coverage, modification of the building footprint, or modification of building façades that alters the configuration of openings, shall be subject to said site plan and building elevation approval. Before making an application for a special administrative permit, a pre-application conference between the applicant and the director of the bureau of planning or the director's designee is required to discuss the application and relevant requirements of these regulations. Said pre-application conference shall be held within 14 days of the date of the request by the applicant, unless a longer period is mutually agreed upon. 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 18.
Where regulations may require the approval of a SAP for other purposes so specified, processing by the director of the bureau of planning shall, without additional application, include consideration of other special administrative permits. Where such regulations require special exception or special use permit action, the special administrative permit for building permit purposes shall not be issued until the necessary approval has been obtained for special exception or special use permit.
The director of the bureau of planning may exempt certain classes of applications for special administrative permits from detailed review requirements as set forth upon written findings that generally within these districts, the actions proposed are of such a character or of such a scale as to make detailed reviews and approval by the planning director 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.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2018-11(18-O-1023), § 9.D, 5-16-18)
In all subareas, a building or premises shall be used for the following permitted principal uses, permitted accessory uses and structures, and special permits 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-18 Mechanicsville: 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.
c.
Battery exchange stations shall be permitted where service stations are permitted.
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, parking to serve authorized residential and non-residential uses within the district subject to the restrictions contained in Section 16-18R.021 and elsewhere in this chapter, and electric vehicle charging stations equipped with Level 1, Level 2, and/or DC Fast Charge EVSE.
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 18R 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-18 Mechanicsville: Use Table.
b.
Special administrative permits: Special administrative permits shall be required as indicated with "SAP" in SPI-18 Mechanicsville: Use Table.
c.
Special exceptions: None.
SPI-18 MECHANICSVILLE: USE TABLE
Note:
1 Market gardens are limited to parcels which are used as churches, synagogues, temples, mosques and other religious worship facilities or schools.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2008-62(06-O-0038), §§ 3N, 4N(1), 6P, 7-7-08; Ord. No. 2009-24(08-O-1251), §§ 2U, 2U(2), 6-9-09; Ord. No. 2009-61(09-O-1076), § 5(3), 10-13-09; Ord. No. 2011-39(10-O-1773), § 3Z, 9-15-11; Ord. No. 2013-57(13-O-1196), § 1, 11-13-13; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2015-02(14-O-1516), § 1, 1-29-15; Ord. No. 2014-22(14-O-1092), § 2-EE, 6-11-14; Ord. No. 2019-20(18-O-1679), § 11, 3-13-19; Ord. No. 2019-66(19-O-1504), § 16, 12-11-19; Ord. No. 2020-58(19-O-1393), § 42, 10-28-20; Ord. No. 2021-60(21-O-0682), § 38, 12-15-21; Ord. No. 2024-36(24-O-1222), § 7, 9-4-24)
Subject to the provisions in Part 16, Chapter 24, Nonconformities.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
1.
Adjoining lot in same frontage: Where a lot in this district abuts a lot in any R-1 through R-G, MR, PD-H district, or SPI-18 Subareas 4, 5, 6, and 10 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-in facility, car wash, service station, 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 16-18R.007(1)(b) below and extending inward over the SPI-18 district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-18R.007(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 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-18 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required SPI-18 setback or transitional yard adjoining the common property line with such protected district.
ii.
For parcels in an SPI-18 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-18 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 SPI-18 Subareas 1, 2, 3 and 9 adjoin an R-1 through R-G, or PD-H district or SPI-18 Subareas 4, 5 and 6 without an intervening street, 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 a maximum of ten feet in width. Where SPI-18 Subareas 7 and 8 adjoin an R-1 through R-G, or PD-H district or SPI-18 Subareas 4, 5 and 6 without an intervening street, a minimum of 20 feet is required which shall not be used for the purpose of parking, paving, loading, servicing or any other activity. Such yards shall be planted as approved by the city arborist and maintained as a landscaped strip.
b.
Where SPI-18 Subarea 3 adjoins SPI-18 Subarea 4 no transitional yard or permanent opaque wall are required when redevelopment occurs as part of a single development.
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.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2019-09(18-O-1581), § 10.15, 1-31-19)
See SPI-18 Mechanicsville: Development Controls Table for Bulk Limitations, Maximum Building Coverage, Public Space Requirements, and Minimum Open Space Requirements.
For purposes of this chapter, and notwithstanding the provisions of code 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 each of such uses constitute at least 20 percent of the total floor area, excluding accessory uses. When either the total non-residential or residential floor area of a development is less than 20 percent of the total floor area, minimum residential useable open space requirements (UOSR) or public space requirements (PSR) shall not apply to said floor area.
1.
Residential uses may utilize net lot area (NLA) or gross lot area (GLA) when calculating maximum permitted residential floor area, provided that useable open space requirements (UOSR) are calculated based on the same lot area.
2.
Affordable new sales housing units or rental housing units requirements:
a.
Affordable workforce housing bonus: All or portion of the non-residential floor area ratio (FAR) may be utilized for residential purposes as indicated in SPI-18 Mechanicsville: Development Controls Table, provided that 20 percent or more affordable sales or rental housing units are provided for that portion of residential units resulting from said utilization.
b.
The mix of affordable studio, one bedroom, two bedroom, and three bedroom units shall be proportionally similar to the percentage bedroom mix in the overall development. The size of each affordable unit shall not be smaller than the smallest unit for each unit type in the overall development. Said units shall be distributed evenly throughout the development and or building.
c.
Affordable workforce housing shall have the maximum price or maximum rent set forth for moderate income housing units as defined in Part 19, Chapter 1, section 19-1006.
d.
Affordable workforce housing requirements shall be in place for a minimum of 15 years from the date of issuance of the occupancy permit and shall include deed restrictions governing the value or rental rate placed on the affordable units.
e.
No housing unit associated with a development project for which bonus FAR calculations were applied shall be issued an occupancy permit until such time as documentation is provided to the bureau of buildings establishing that the affordable workforce housing requirements have been met and have been instituted as part of the warranty deed as an allowable exception to title for each affordable workforce unit that is a part of said development project.
3.
Minimum open space requirements. There are no total open space requirements (TOSR):
a.
For residential uses, including all residential components of mixed use developments:
i.
Open space requirements as indicated on Table I, "Land Use Intensity Ratios" shall be required for UOSR only, subject to additional requirements contained in subsection ii below for Subarea 10.
ii.
In Subarea 10, when a development spans public streets or contains non-contiguous parcels, credit for provided useable open space may be transferred offsite to parcels within the development, provided that:
1)
Both parcels are within SPI 18 Subarea 10; and
2)
Said open space is in excess of the minimum open space required for the donor parcel; and
3)
Said open space is constructed at the same time as the residential components to which it is credited.
b.
For nonresidential uses, including all non-residential components of mixed-use developments: Public Space requirements shall be as indicated in SPI-18 Mechanicsville: Development Controls Table. See section 16-28.012 for definitions and measurements. Required yards, sidewalks and supplemental zone widths that are constructed on private property may be counted towards this requirement. Such public space may include planted areas, fountains, community gardens, parks plazas, hardscape elements related to sidewalks and plazas, and similar features 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.
d.
All buildings and structures built before 1950 shall have no Useable Open Space requirements or Public Space Requirements, provided that additions that increase the building footprint by more than ten percent of the pre-1950 footprint shall be subject to said requirements and that the entire development lot and floor area shall be used in determining these requirements.
e.
Residential balconies: Balconies for residential units, which are enclosed on not more than three sides, may be counted towards UOSR for a maximum depth of six feet.
4.
Yards and supplemental zones: shall be as indicated in SPI-18 Mechanicsville: Development Controls Table.
5.
For additional subarea requirements see SPI-18 Mechanicsville: Development Controls Table.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
1.
Minimum lot requirement: If a lot has less area of 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.
2.
[Drive-through service windows and drive-in facilities.] Drive-through service windows and drive-in facilities shall not be located between the principal structure and the public or private street. Drive through eating and drinking establishments, and package stores are prohibited.
3.
Maximum building heights:
a.
Subarea 1:
i.
East of Central Avenue: 120 feet;
ii.
West of Central Avenue and south of Richardson Street: 120 feet within 135 feet of the property line along Central Avenue, and 60 feet beyond 135 feet from the property line along Central Avenue;
iii.
North of Richardson Street: 120 feet.
b.
Subarea 2: 120 feet.
c.
Subarea 3:
i.
East of Central Avenue: 120 feet;
ii.
West of Central Avenue and within 135 feet of the property line along Central Avenue: 120 feet;
iii.
East of Pryor Street: 60 feet;
iv.
All other areas: 40 feet.
d.
Subarea 4:
i.
The area bounded by Crumley Street, Fulton Street, Formwalt Street and Windsor Street: 60 feet;
ii.
All other areas: 35 feet.
e.
Subareas 5 and 6: 35 feet.
f.
Subareas 7, 8 and 9: 35 feet within 150 feet of Subareas 5 and 6, 60 feet between 150 and 300 feet of Subareas 5 and 6, and 85 feet greater than 300 feet from Subareas 5 and 6.
g.
Subarea 10: 85 feet.
4.
Minimum building façade heights: See SPI-18 Mechanicsville: Development Control Table.
SPI-18 MECHANICSVILLE: DEVELOPMENT CONTROLS TABLE
1) 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.
2) 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.
3) When a supplemental zone is adjacent to a multi-family building with no unit located above or below another residential unit, and when said zone meets the definition of a half depth front yard established in section 16-28.007(5)b, said supplemental zone shall have a minimum width of two feet.
4) Side or rear yard setback not adjacent to a street.
a. Nonresidential uses: none.
b. Residential uses, portions of buildings 35 feet in height or less: seven feet;
c. Residential uses, portions of buildings 35 feet to 52 feet in height: 15 feet;
d. Residential uses, portions of buildings above 52 feet in height: 20 feet;
e. Residential uses, façades with no windows adjacent to the side yard: none.
5) Non-residential floor area east of Ira Street and north of Glenn Street shall be limited to the first floor of a residential unit and shall not exceed 800 square feet in said unit. Non-residential uses not contained within a residential unit are prohibited.
6) Two-family dwellings shall only be permitted on lots greater than 40 feet in width.
7) In the case of zero-lot-line development, no side or rear yard is required along the internal lot line, provided that all other setback requirements from the external lot line shall apply.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
Publicly accessible sidewalks shall be located along all public or private streets and shall have minimum widths as specified in SPI-18 Mechanicsville: Sidewalks Table. Sidewalks shall consist of two zones: A street furniture and tree planting zone and a clear zone. The following regulations shall apply to all public sidewalks:
1.
Street furniture and tree planting zone requirements: The street furniture and tree planting zone shall have a minimum width as specified in SPI-18 Mechanicsville: Sidewalks Table. Said zone shall be located immediately adjacent to the curb and shall be continuous. Said zone shall meet the tree planting requirements of section 16-18R.010(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 and for a minimum width as specified in SPI-18 Mechanicsville: Sidewalks Table, by any permanent or nonpermanent element.
3.
Street tree planting requirements: Street trees are required and shall be planted in the ground a maximum of 30 feet on center within the street furniture and tree planting zone and spaced equal distance between street lights. 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. 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.
Tree grates: Tree grates are not required where all sidewalk width requirements are met. Where tree grates are required or otherwise installed, they shall be a minimum of four feet by eight feet, shall be a type specified by the director of planning in accordance with uniform design standards utilized by the director for placement of such objects in the public right-of-way, and shall be placed within the street furniture and tree planting zone. Where tree grates are not required or otherwise installed, tree planting areas shall be permitted to be planted with evergreen ground cover such as mondo grass or liriope spicata.
5.
Paving: Sidewalks shall be paved with concrete, brick or other decorative hardscape material to match existing materials on each block face.
6.
Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility within visibility triangles at street intersections, as measured from the curb, between the heights of two and one-half feet and eight feet above grade. See section 16-28.008(9), visibility at intersections.
7.
No awning or canopy shall encroach beyond the clear zone.
8.
Where property within this district abuts an R-1 through R-G, PD-H or MR district, or where an SPI-18 subarea abuts another SPI-18 subarea (with smaller sidewalks) without an intervening street, the sidewalk area within 20 feet of such districts shall taper as necessary to provide a smooth transition to the existing R-1 through R-G, PD-H, MR districts or SPI-18 subarea sidewalk. In the event that the abutting R-1 through R-G, PD-H, MR district or SPI-18 subarea has no existing sidewalk, the sidewalk shall taper to a width of six feet.
9.
Decorative pedestrian lights: Where installed, shall be placed a maximum of 60 feet on center and spaced equidistant between street trees within the street furniture and tree planting zone. All said lights shall be Atlanta Type "C" as approved by the director of the bureau of planning.
10.
Every commercially reasonable effort shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks.
11.
Trash receptacles or similar elements, where installed, shall be a type specified by the director of planning in accordance with uniform design standards utilized by the director for placement of such objects in the public right-of-way and shall be placed within the street furniture and tree planting zone.
12.
Outdoor dining within required sidewalk clear zone for pre-existing buildings: Buildings existing prior to the adoption of this ordinance with adjacent sidewalks that do not meet the requirements of this chapter, may have outdoor dining that encroaches into the sidewalk provided the following criteria are met:
a.
Shall have a minimum of eight feet of unobstructed sidewalk area adjacent to the curb when not located adjacent to on-street parking;
b.
Shall have a minimum of six feet of unobstructed sidewalk area adjacent to the curb when located adjacent to on-street parking;
c.
No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way;
d.
At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter; and
e.
Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including any plant material.
13.
Outdoor dining within required clear zone for new construction: New developments may have outdoor dining that encroaches into the sidewalk a maximum of two feet provided the following criteria are met:
a.
No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way;
b.
At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter; and
c.
Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including any plant material.
SPI-18 MECHANICSVILLE: SIDEWALKS TABLE
*In Subareas 7 and 8, when no principal structure is located directly adjacent to a supplemental zone, the supplemental zone shall be landscaped with shrubs and trees in accordance with section 16-18R.019, minimum landscaping for surface parking lots, barrier requirements.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
See SPI-18 Mechanicsville: Development Controls Table for width requirements. 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.
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.
Patio decks and off-street parking shall not be permitted within the supplemental zone;
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 sidewalk, unless existing topographical considerations render this requirement unreasonable;
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.
2.
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 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.
3.
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.
Said zone shall permit and encourage pedestrians to walk on a minimum of 80 percent of its surface, 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 shall meet the fenestration requirements of this chapter.
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 open to the sky along its entire length.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
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.
Active uses are required at sidewalk level along public and private streets, except at ingress and egress points into parking structures or loading areas. For the purposes of this chapter actives uses are limited to retail, office, residential, restaurant, museum, gallery, auditorium, library, hotel lobby, or cultural facility uses; all shall be serviced by plumbing, heating, and electricity. Minimum active use depths from the street facing building façade shall be provided as follows:
a.
Single-family, two-family or multi-family residential buildings with no residential units located above or below a unit: Minimum depth of ten feet.
b.
All other uses: Minimum depth of 20 feet.
c.
When two or more floors meeting the definition of sidewalk-level exist within the same building, this requirement shall only apply to the frontage of each floor located within five feet above or below the grade of the adjacent sidewalk.
3.
The primary pedestrian entrance to all sidewalk-level uses:
a.
Shall face, be visible from, and be directly accessible from the sidewalk.
b.
When located along a street that functions as an arterial or collector, shall face, be visible from, and be directly accessible from the sidewalk along such street, with the exception of single-family and two-family dwellings and multi-family buildings with no unit located above or below another residential unit.
c.
Shall remain unlocked during business hours for non-residential uses.
d.
Shall be at grade with the closest portion of the adjacent required sidewalk for non-residential uses.
e.
The use of fire-escape, entrance-only and exit-only doors as primary entrances is explicitly prohibited.
4.
Buildings containing residential uses shall:
a.
Provide individual unit pedestrian entrances that are directly accessible from the sidewalk and opening directly onto the adjacent sidewalk, park, plaza, terrace, stoop or porch when a building contains more than four sidewalk level residential units adjacent to the sidewalk, with the exception of assisted living facilities. All pedestrian walkways providing such access shall be primarily perpendicular to the street, unless topography prohibits, and shall be permitted to share said walkway with one adjacent unit.
b.
All residential uses not located at sidewalk level shall have pedestrian access to the sidewalk via a lobby fronting and accessible from said sidewalk.
c.
Provide a pedestrian walkway a minimum of four feet wide linking pedestrian entrances to the sidewalk.
d.
Provide front porches, stoops or wheelchair ramps on the principal structure pedestrian entrances, provided that:
i.
Except as required in SPI-18 Subareas 5 and 6, front porches shall be a minimum of six feet wide and a minimum of five feet deep. Front porches shall have roofs, balustrades and columns, and may be enclosed with screen wire, provided that the main characteristics of the porch such as balustrades, columns or porch railings, and front doors are visible. Front porch columns, excluding railings or pickets, shall have a minimum width of eight inches.
ii.
Stoops shall be a minimum of three feet wide and faced in brick or stone.
iii.
Steps serving porches or stoops facing the street shall have enclosed risers and ends.
e.
Residential fenestration treatment. All street-fronting façades, shall meet the following requirements:
i.
Windows shall be provided for a minimum of 30 percent and a maximum of 50 percent of the total façade, with each façade being calculated independently.
ii.
Equally sized vertical windows shall be arranged horizontally.
iii.
Windowpanes shall be recessed a minimum of three inches from the adjacent façade. In single-family and two-family structures windowpanes shall be recessed a minimum of two inches from the adjacent façade where wood or cementious siding are used.
iv.
Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows.
5.
Storefront fenestration treatment (for parking deck requirements see section 16-18R.017(3)). All street-fronting non-residential uses, with the exception of churches and fire stations, shall meet the following sidewalk-level requirements:
a.
The length of façade without intervening fenestration or entryway shall not exceed 20 feet.
b.
Fenestration shall be provided for a minimum of 65 percent of the length of all street frontages:
i.
Beginning at a point not more than three feet above the sidewalk, to a height no less than ten feet above the sidewalk or;
ii.
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 two or more feet above the sidewalk; or
iii.
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.
c.
Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements.
6.
Building floors shall be delineated to the third story above sidewalk level and lower and shall be executed through windows, belt courses, cornice lines or similar architectural detailing.
7.
A street address number shall be located directly above or beside the primary building and business establishment entrances along the required sidewalk, shall be clearly visible from the sidewalk and shall be a minimum of six inches in height.
8.
Chimneys:
a.
Shall begin at-grade.
b.
Shall be faced with brick, horizontal wood clapboard siding, horizontal hardiplank (cementious siding), stone, cast stone, or three-part hard coat stucco.
9.
Awnings and canopies:
a.
All awnings and canopies shall be cloth or canvas.
b.
Internally lit awnings and canopies are prohibited.
10.
Sidewalk arcades are not permitted.
11.
A fence, retaining wall, curb or hedge with a minimum height of six inches shall be provided at the back of the sidewalk adjacent to sidewalk-level residential units, with the exception of openings to access steps, drives or pedestrian walkways.
12.
Retaining walls shall be provided at the back of the sidewalk adjacent to sidewalk level residential units where similar retaining walls exists on adjacent lots, subject to subsection 15. below.
13.
Fences and walls shall meet the following regulations:
a.
For residential uses adjacent to the sidewalk, fences shall not exceed four feet 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 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.
e.
Fences adjacent to the street shall be of picket-wood, stone, composite materials or ornamental metal. The finished side or front side of one-sided fences shall face the public or private street.
f.
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.
14.
Gasoline fuel dispenser structures, canopies, and associated service areas shall not be located between a building and the street, except for those service stations located in Subarea 1, where gasoline fuel dispenser structures, canopies, and associated service areas may be located between the building and the street. A landscaped buffer shall be provided between all driveways adjacent to the fuel pump area and the street-fronting sidewalk. All required landscaped areas shall be planted with evergreen groundcover or shrubs with a maximum height of 30 inches, and all landscaped buffer areas and strips along sidewalks, drives, private streets and public rights-of-way shall have a minimum of one single-stem tree planted per 30 feet of length with a minimum caliper of three and one-half inches.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2015-44(15-O-1275), § 1, 9-17-15)
Building façade materials shall consist of the following:
1.
Single and two-family: All exterior façades shall be brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding).
2.
[Multi-family.] Multi-family building with no unit located above or below another residential unit:
a.
All exterior façades adjacent to a public street shall be brick, wood, stone, cast stone, three-part hard coat stucco, horizontal wood clapboard siding or hardiplank (cementious siding).
b.
All exterior façades not adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, concrete masonry units, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding).
3.
All other multi-family and non-residential:
a.
All exterior façades adjacent to a public street shall be brick, stone, cast stone or three-part hard coat stucco.
b.
All exterior façades not adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, concrete masonry units, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding).
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
Refer to section 16-28A, sign ordinance.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
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.] 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, rear, or roof 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. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
See table of loading requirements, section 16-28.015, off-street loading requirements.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
1.
Driveway curb cuts:
a.
All sidewalk paving materials shall be continued across any intervening driveway curb cut at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone.
b.
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 transportation.
c.
Maximum permitted number of driveway curb cuts for each development, subject to the provisions of section 16-25.002(3):
i.
Developments with only one street frontage, which is less than 300 feet in length: one;
ii.
Developments with only one street frontage, which is greater than 300 feet in length: two;
iii.
Developments with more than one street frontage: one located on each street frontage, provided that curb cuts shall not be permitted on arterial or collector streets when access may be provided on other streets with adjacent land uses similar to that of the subject property.
iv.
For the purposes of this Section, two curb cuts serving two one-way driveways shall only be counted as one curb cut.
d.
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.
2.
Driveways:
a.
No circular drives shall be located between any building and any public street with the exception of hotels, childcare centers, kindergartens, and special schools subject to the provisions in section 16-25.002(3).
b.
Unless authorized by section 16-18R.017(2)(a), 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.
c.
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.
d.
Independent driveways are not required when access is provided to a private alley. For single and two-family dwellings independent driveways are not required.
e.
Private alley shall be defined as a minimum of 24 feet wide mid-block access easement connecting two streets, having a minimum of eight feet wide paved area, adjacent to single and two family uses and 24 feet paved area for all other uses. Parking is not permitted in the alley. Where garage doors or parking areas are set back from the alley, its width may be reduced to 20 feet, provided 24 feet exists between parking areas or garage doors.
f.
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.
3.
Parking structures: In addition to section 16-28.028, the following regulations shall apply:
a.
Shall have the appearance of a horizontal storied building.
c.
Shall meet the active use requirements of section 16-18R.012(2); or
d.
When topographical conditions prevent the parking deck treatment requirements of section 16-18R.012(2) from being met, a continuous minimum five feet wide landscaped strip shall be provided between the structure and the public sidewalk, except at ingress and egress points into the structure. The landscaped strip shall be planted with street trees spaced a maximum distance of 20 feet on center, which shall also meet the tree requirements in section 16-18R.010. The landscape strip shall also be planted with evergreen ground cover such as mondo grass, liriope spicata, ivy or evergreen shrubs with a maximum mature height of 24 inches. All plantings, planting replacement and planting removal shall be approved by the city arborist.
4.
[Entrances to garages and carports that serve a single residential unit.] Entrances to garages and carports that serve a single residential unit, and which are located less than 20 feet behind the building façade of the principal structure, shall face the rear yard or a side yard which has no street frontage.
5.
[All developments, including parking decks.] All developments, including parking decks, shall have walkways a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See section 16-18R.019, minimum landscaping for parking lots and barrier requirements.
6.
No drop-off lanes shall be permitted along public streets. Where on-street parking is provided, certain parking spaces may be utilized as drop-off lanes, when permitted by the commissioner of transportation.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2008-67(08-O-0196), § 11, 7-21-08; Ord. No. 2020-33(20-O-1381), § 34, 6-23-20)
1.
All lighting including all parking decks and lots and lit canopies shall reduce light spillage onto residentially used properties by providing cutoff luminaries which have a maximum 90 degree illumination.
2.
All lighting that up-lights trees, buildings or other elements, shall be located a minimum height of eight feet above the sidewalk, driveway or pedestrian area when not located within completely landscaped areas.
3.
All parking facilities shall be maintained in a clean, safe and sanitary condition. Parking spaces and driving lanes shall be clearly defined and maintained as such. Parking lots shall not be operated when any damage impairs the drivability of the parking lot. See section 16-28.014 for additional requirements.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
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; and
4.
All landscaped buffer areas and strips along sidewalks, drives, private streets and public rights-of-way shall have a minimum of one tree planted per 30 feet of length with a minimum caliper of three and one-half inches.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
See section 16-28.014(6), Bicycle parking requirements.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2019-09(18-O-1581), § 12, 1-31-19)
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 as well as permitted uses. See also sections 16-28.013 and 16-28.014:
1.
Off-street surface parking:
a.
Shall not be located between a building and the street without an intervening building;
b.
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 16-18R.021(5) below.
2.
For office uses:
a.
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 as permitted in section 16-18R.021(5);
b.
All office developments over 100,000 square feet shall reserve and designate at least five percent of the employee parking spaces "Carpool Only." Carpool spaces shall be used only by carpool vehicles in which at least two of the persons are employees or tenants of the building. Such spaces shall be located near the building's employee entrance or other preferable locations within the employee parking areas as approved by the department of transportation; and
c.
All new parking structures shall be built to accommodate vanpool access. The minimum ceiling height for vanpools is eight feet two inches.
3.
For residential uses:
a.
Minimum parking requirements:
i.
Multi-family: As specified in Table 1, "Land Use Intensity Ratios" under appropriate FAR for the development.
ii.
Single and two-family: None.
b.
Maximum parking spaces:
i.
For resident parking, one parking space per bedroom for up to two bedrooms and one-half parking space for each bedroom unit of three and above may be provided per dwelling unit.
ii.
For visitor parking, one-third parking space per dwelling unit may be provided.
4.
For non-residential uses:
a.
Subarea 10 east of Ira Street and North of Glenn Street: Items "B" through "P" below notwithstanding, no more than one off-street parking space shall be provided for non-residential uses.
b.
Banks, savings and loan institutions, and the like: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area.
c.
Business colleges, trade schools, conservatories, dancing schools, and the like: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area.
d.
Child care centers, day care centers, pre-kindergartens, play and other special schools or day care centers for young children: A minimum of one space for each 600 square feet of floor area and a maximum of two and one-half spaces for each 600 square feet of floor area. In addition to providing off-street parking, such establishments shall provide safe and convenient facilities for loading and unloading children, as approved by the commissioner of the department of transportation.
e.
Clubs, lodges, and commercial recreational establishments: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area.
f.
Dormitories, fraternity houses and sorority houses. One space for two beds plus one space for each 200 square feet of floor area designated or occupied other than for sleeping purposes.
g.
Eating and drinking establishments:
i.
Indoor requirements: A minimum of one space for each 100 square feet of floor area and a maximum of three spaces for each 100 square feet of floor area;
ii.
Accessory outdoor dining which is 25 percent or less than the total gross floor area of the building or business, and is not covered with a permanent structure: A maximum of one and three-fourths spaces for each 100 square feet of floor area.
iii.
Accessory outdoor dining which exceeds 25 percent of the total gross floor area of the building or business shall have the following minimum requirements: A minimum of one space for each 100 square feet area and a maximum of one and three-fourths spaces for each 100 square feet of the total accessory outdoor dining floor area including the 25 percent non-exempt floor area.
h.
Fraternities, sororities: One space for two beds plus a minimum of one space for each 200 square feet of floor area and a maximum of two and one-half space for each 200 square feet of floor area designated or occupied other than for sleeping purposes.
i.
Hotels and motels: A minimum of one space for each 600 square feet of floor area and a maximum of two and one-half spaces for each 600 square feet of floor area.
j.
Nursing homes, personal care homes, assisted living facilities, and rehabilitation centers: A maximum of one space for four beds.
k.
Printing shops: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area.
l.
Retail establishments, including bakeries, delicatessens, catering, clothing and tailor shops: A minimum of one space for each 300 square feet of floor area and a maximum of two and one-half spaces for each 300 square feet of floor area.
m.
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: A maximum of two spaces for each classroom.
ii.
High school: A maximum of four spaces for each classroom.
iii.
Colleges and universities: A maximum of eight spaces for each classroom.
n.
For all other non-residential uses: A minimum of one parking space for each 300 square feet of floor area shall be provided on the site and a maximum of two spaces for each 300 square feet of floor area.
o.
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.
5.
Reduction or transfer of parking requirements: The director of the bureau of planning may reduce parking requirements only upon a determination that shared or off-site parking arrangements may be permitted by the director of the bureau of planning subject to the following criteria:
a.
The character or use of the building is such as to make unnecessary the full provisions of parking facilities; or
b.
That the applicant has established a valid shared or off-site parking arrangement. Said shared or off-site parking arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access. Additionally, all shared or off-site parking spaces shall be clearly marked and signed as reserved during specified hours. An applicant shall submit the following information establishing conformance to the above criteria in order to share or transfer parking requirements and avoid conflicting parking demands:
i.
A to-scale map indicating location of all proposed parking spaces;
ii.
Indicate hours of business operation(s);
iii.
Written consent of all property owners agreeing to the shared or off-site parking arrangement;
iv.
Copies of parking leases for shared or off-site parking arrangements. Renewed leases shall be provided to the director of the bureau of planning. Lack of a current lease shall automatically terminate the special exception authorization.
6.
Notwithstanding any provision of the City of Atlanta Code of Ordinances to the contrary, park-for-hire surface parking lots are prohibited. Accessory parking decks built to satisfy the parking requirements of this section shall be permitted to be used as park-for-hire parking decks. Park-for-hire parking decks built to provide parking spaces in excess of the parking requirements of this section 16-18R.021 shall only be permitted as a primary use through the special permit process as authorized in section 16-18R.005. Existing surface parking lots accessory to non-residential principal uses as of 6/1/2013 may be used for park-for-hire operations during events at Turner Field. Said operations shall be accessory to the principal use and shall only be permitted where such park-for-hire operation possesses:
a.
A valid business license; and
b.
A park-for-hire permit authorized by Article XVII of Chapter 30 of the Atlanta City Code.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2008-62(06-O-0038), §§ 4N(2), 6P(1), 7-7-08; Ord. No. 2009-24(08-O-1251), § 2U(3), 6-9-09; Ord. No. 2013-57(13-O-1196), § 2, 11-13-13; Ord. No. 2020-33(20-O-1381), § 35, 6-23-20)
Any development that has an office component greater than 100,000 square feet of total gross leasable floor area of space shall become a member of an existing Transportation Management Association (TMA), which provides service to the area or shall provide a Transportation Management Plan (TMP) with the criteria listed below. The bureau of buildings shall not issue occupancy permits for any development in this district until such time as the developer or leasing agent for each of the components has submitted to the director of the bureau of planning, written confirmation of TMA membership or has submitted a Transportation Management Plan. The local TMA may assist with the preparation of the TMP.
The TMP shall contain strategies to reduce single occupancy vehicle trips generated by the project and shall be based on an annual commute mode survey. Said survey shall be based on a continuous five-day workweek for all estimated employees arriving at the work site and for all residents leaving the residential site between 6:00 a.m. and 10:00 a.m., Monday through Friday. Based upon the survey information, the employer and residential manager shall develop a TMP, which shall include, but not be limited to:
1.
Commute alternatives:
a.
Incentives for public transit ridership such as transit cards;
b.
Carpooling and vanpooling;
c.
Commuter bicycling and walking programs;
d.
Alternative work hours:
i.
Staggered work hours;
ii.
Compressed work weeks;
iii.
Flexible work hours (flextime);
iv.
Telecommuting.
2.
Transportation demand strategies:
a.
Improvements to alternative modes such as vanpooling;
b.
Financial incentives given to employees who use commute alternatives;
c.
Parking management programs;
d.
Commute alternatives information and marketing;
e.
Shared parking arrangements;
f.
Provision for a mixture of uses on-site;
g.
Pedestrian links to adjacent uses.
3.
A program to promote and maintain employee participation in carpooling, vanpooling, and use of mass transit, including a method of monitoring the number of ride sharers and their travel patterns.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
Pedestrian bridges and tunnels are prohibited when located above or below public streets, private streets which function as public streets connecting two other public streets, or other public rights-of-way.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
Zero-lot-line subdivision is permitted for residential uses in Subareas 1, 2, 3, 4, 6, 9 and 10 provided the minimum lot size established in the SPI-18 Mechanicsville: Development Controls Table is provided.
The additional requirements of section 16-28.007 shall also apply.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
The following additional requirements apply to all properties located within Subareas 5 and 6. Please refer to the SPI 18 Mechanicsville: Development Controls Table and the SPI 18 Mechanicsville: Sidewalks Table, and section 16-18R.017, driveway curb cuts, driveways and parking structures for additional requirements.
1.
Front yard general requirements:
a.
Front yard setback: setbacks shall be no closer to the public or private street than the closest and no farther from the street than the farthest building built before 1945 of like use on that side of the block.
b.
Patio decks shall not be permitted within the front yard or half-depth front yard;
c.
Off-street parking shall not be permitted within the front yard or half-depth front yard.
d.
Driveways shall extend 20 feet beyond the front façade of the principal structure and shall have a maximum width of ten feet in the front yard.
2.
All front façades, front porches, front steps and front doors of the principal structure shall face and be parallel to the lot frontage. Wrap around front porches are permitted.
3.
The primary pedestrian entrance of the principle structure:
a.
Shall face and be visible from a public or private street and shall be located on the front façade.
b.
Each individual unit shall be linked to the sidewalk with a pedestrian walkway which shall be between three and four feet wide.
c.
Front doors shall be comprised of rectangular wood and glass panels consisting of a two-thirds wood lower portion and one-third glass upper portion, or shall be a solid wood door with two or three wood panels.
4.
Porches:
a.
Front porches on the principal structure shall be required, and shall be a minimum of 50 percent of the width of the house with a minimum depth of eight feet. Porches may be enclosed with screen wire only, provided that the main characteristics of the porch such as balustrades, columns or porch railings, and front doors are visible;
b.
Side porches in the half-depth front yard shall be a minimum of four feet in depth. Porches may be enclosed by glass windows or screen wire only, provided all the main features of a porch are maintained in place.
c.
Porches, terraces 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);
d.
Porches shall not extend more than ten feet into the front yard and five feet into the half-depth front yard.
e.
Porches facing a public or private street shall consist of the following:
i.
Steps shall have closed risers and ends and cheek walls. Said check walls shall consist of masonry, brick, three-part hard coat stucco or stone to match the foundation material of the principal structure. Access ramps shall be located on the side elevation.
ii.
Railings, columns, and posts shall not consist of unpainted wood or ornamental metal, and shall have the following minimum dimensions:
a)
Columns and posts shall be a minimum of six inches wide and shall have base and cap components.
b)
Pickets shall be at least two inches wide and two inches deep.
c)
Railings shall include top and bottom horizontal members. The top railing shall consist of two elements. The upper element shall measure two inches by six inches and the lower element shall measure two by four inches. The bottom railing shall measure two inches by four inches.
5.
Patio decks, balconies and upper level terraces:
a.
Patio decks shall be permitted only when located to the rear of the principal structure and shall be permitted at any level.
b.
Balconies and upper level terraces shall be permitted.
6.
Limitations on projections into required yards and open spaces shall be in conformance with section 16-28.008.
7.
Roofs:
a.
North of Ormond Street, the roof form above the front façade of the principal structure shall be front gabled and/or hipped. Roof pitch shall be a minimum of 8:12. Roof pitch above porches shall not be restricted.
b.
Roofing material shall be asphalt shingles, or metal when existing houses on the same block have metal roofs.
c.
Skylights shall be located in the rear only.
8.
Fenestration:
a.
North of Ormond Street:
i.
Any façades that face a public or private street shall consist of fenestration that shall be no less than 15 percent and no greater than 40 percent of the total surface wall area. Façades that do not face a public or private street shall consist of fenestration that shall be no less than ten percent of the total surface wall area. Windows may be individual or grouped. No individual window unit shall exceed 28 square feet. Within each individual window unit, no individual window sash, either fixed or operable, shall exceed 16 square feet.
ii.
Windows shall be double-hung.
iii.
Each double-hung window shall be surrounded by wood trim between four and six inches wide and shall include a bottom sill. Windows grouped together shall have center mullions two inches wider than the side trim.
b.
South of Ormond Street: Any façades that face a public or private street shall consist of fenestration that shall be no less than 15 percent and no greater than 80 percent of the total surface wall area. Façades that do not face a public or private street shall consist of fenestration that shall be no less than ten percent of the total surface wall area.
c.
Height of window sills on the public or private street fronting façade shall be no less than two and one-half feet and no more than three and one-half feet above finished floor elevation. Windows on said façade shall have a minimum height of three feet.
d.
All windows shall include windowpanes recessed a minimum of two inches from the adjacent façade, unless the façade is constructed as a glass curtain wall. Glass curtain walls shall not be permitted north of Ormond Street.
e.
Flat "snap-in" muntins and muntins sandwiched between layers of glass are prohibited.
9.
Façade materials shall consist of horizontal wood clapboard siding, horizontal hardiplank siding (cementious siding), brick, or stone. Painted wood fish-scale style shingles are permitted on the face of gables.
10.
Chimneys:
a.
Shall begin at-grade.
b.
Shall be faced with brick, horizontal wood clapboard siding, horizontal hardiplank (cementious siding), stone, cast stone, or three-part hard coat stucco.
11.
Foundations:
a.
The first floor of the principal structure, including public or private street-facing porches, shall be on foundations and elevated above the grade between two and four feet, unless existing topography is greater, as measured at the front façade of the structure. Slab on grade is not permitted.
b.
Foundations shall constitute a distinct building design element and shall contrast with the front façade material. Brick, stone, or three-part hard coat stucco shall be permitted. Standard, unfinished concrete block and stacked stone is prohibited.
12.
Garage entrances are prohibited on the front façade. Single car-width garage entrances shall be permitted on the half depth front yard façade of the structure. Double car-width garage entrances shall be permitted only on the rear façade of the structure.
13.
Accessory structures, such as carriage houses, smoke houses, tenant and alley houses, private garages, carports, and mechanical equipment shall be located to the side and/or rear of the principal structure within the buildable area of the lot and shall not project beyond the front of the principal structure. Accessory structures shall not exceed 20 feet in height and 22 feet in width. If mechanical equipment is visible from a public street, screening with appropriate plant or fence materials is required.
14.
Fences: The finished side or front side of one-sided fences shall face the public or private street.
15.
Retaining walls shall be provided at the back of the required sidewalk where retaining walls exist on adjacent lots. Said walls shall match the height of the adjacent retaining walls, unless existing typography requires the wall height to change.
16.
Asphalt paving is prohibited for walkways and driveways.
17.
Building height:
a.
Elevators or stairways constructed to access the roof shall not extend higher than ten feet above the roof line of a flat roof. Said elevator or stairway shall not exceed ten percent of the horizontal floor area of the roof, or 50 square feet, which ever is less.
b.
Parapet walls shall not extend more than 42 inches above the roof line of a flat roof.
18.
Grading:
a.
Grading shall not excessively or unnecessarily alter the natural topography of the site, with the exception of grading necessary to protect and preserve the structural integrity of a structure.
b.
New grades shall meet existing topography in a smooth transition, and shall not be increased.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
18R.- SPI-18 MECHANICSVILLE NEIGHBORHOOD SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS10
Editor's note— Ord. No. 2007-67(07-O-1792), § 1(Att. A), approved Nov. 13, 2007, amended Chapter 16-18R in its entirety. Formerly, said chapter pertained to similar subject matter and was enacted by Ord. No. 2003-11, § 1(Att. A), approved Feb. 2, 2003; as amended.
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-18 Mechanicsville Neighborhood Special Public Interest District. These regulations shall supplant existing districts or portions of existing districts as shown on the attached map referenced in section 16-18R.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 16-18R.001 through and including section 16-18R.025 shall apply to all properties located within the SPI-18 Mechanicsville Neighborhood Special Public Interest District, including all subareas within the district, unless otherwise indicated by subarea.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
The intent of the council in establishing SPI-18 Mechanicsville Neighborhood Special Public Interest District as a zoning district is as follows:
1.
Create a diversified city where people across the spectrum of age, income, ethnicity, and culture can live, work, shop, meet, and play;
2.
Improve the aesthetics of streets and the built environment;
3.
Ensure through the administration of specific standards and criteria that new housing achieve architectural, site and street design consistent with the existing historic built environment.
4.
Protect the historic character of the single-family residential areas;
5.
Facilitate safe, pleasant, and convenient sidewalk-level pedestrian circulation that minimizes impediments by vehicles;
6.
Promote public safety through the provision of pedestrian-oriented street-level uses, sufficient sidewalk widths, adequate visibility from adjacent buildings and primary pedestrian access from buildings to adjacent sidewalks;
7.
Ensure pedestrian-oriented building forms which are compatible with the scale, character and needs of the neighborhood;
8.
Encourage a grid of connected streets to improve access and reduce congestion:
9.
Facilitate safe and convenient bicycle usage;
10.
Encourage a compatible mixture of residential, commercial, cultural and recreational uses;
11.
Promote an appropriate balance and scale of commercial uses which meet the needs of nearby residents;
12.
Encourage infill and rehabilitation development within traditionally commercial areas that include proportionately significant residential uses;
13.
Place reasonable controls on the development of larger scale highway-oriented retail, service, office and dining uses which are intended to serve larger areas of the city than a single neighborhood or a small group of neighborhoods;
14.
Encourage owner occupancy and retention of single-family residential structures compatible with the character of the Mechanicsville residential neighborhood while permitting two-family and multi-family housing in appropriate locations;
15.
Provide a range of housing types and prices to meet different housing needs;
16.
Prevent encroachment of incompatible commercial uses and minimize commercial parking in residential subareas;
17.
Provide accessible and sufficient parking in an unobtrusive manner;
18.
Reduce parking requirements by encouraging shared parking and alternative modes of transportation;
19.
Provide sufficient, safe and accessible parks, plazas and greenways for active and passive enjoyment; and
20.
Improve the quality of air and water through provisions for the planting of trees, bicycle parking and an urban form that reduces the need to drive.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
The boundaries of the SPI-18 Mechanicsville Neighborhood Special Public Interest District are shown on map Attachment B which by this reference is incorporated into and made a part of this chapter and this part. The Mechanicsville Neighborhood Special Public Interest District is divided into ten subareas as shown on said map Attachment B and are described as follows:
Subarea 1: Mechanicsville Mixed-Use
Subarea 2: Fulton Mixed-Use
Subarea 3: RDA Neighborhood Commercial
Subarea 4: Multi-Family
Subarea 5: Single-Family
Subarea 6: Two-Family
Subarea 7: Light Industrial
Subarea 8: Heavy Industrial
Subarea 9: Live-Work
Subarea 10: McDaniel-Glenn Mixed-Use
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
A special administrative permit (SAP) application and seven copies each of a site plan, landscape plan and elevation drawings of each exterior façade shall be submitted, as applicable, and approved by the director of the bureau of planning prior to an applicant filing for a building permit. All exterior demolition, new construction (including additions to existing buildings), expansions of existing outdoor dining, outdoor dining within required sidewalk areas, or any construction which results in increased lot coverage, modification of the building footprint, or modification of building façades that alters the configuration of openings, shall be subject to said site plan and building elevation approval. Before making an application for a special administrative permit, a pre-application conference between the applicant and the director of the bureau of planning or the director's designee is required to discuss the application and relevant requirements of these regulations. Said pre-application conference shall be held within 14 days of the date of the request by the applicant, unless a longer period is mutually agreed upon. 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 18.
Where regulations may require the approval of a SAP for other purposes so specified, processing by the director of the bureau of planning shall, without additional application, include consideration of other special administrative permits. Where such regulations require special exception or special use permit action, the special administrative permit for building permit purposes shall not be issued until the necessary approval has been obtained for special exception or special use permit.
The director of the bureau of planning may exempt certain classes of applications for special administrative permits from detailed review requirements as set forth upon written findings that generally within these districts, the actions proposed are of such a character or of such a scale as to make detailed reviews and approval by the planning director 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.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2018-11(18-O-1023), § 9.D, 5-16-18)
In all subareas, a building or premises shall be used for the following permitted principal uses, permitted accessory uses and structures, and special permits 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-18 Mechanicsville: 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.
c.
Battery exchange stations shall be permitted where service stations are permitted.
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, parking to serve authorized residential and non-residential uses within the district subject to the restrictions contained in Section 16-18R.021 and elsewhere in this chapter, and electric vehicle charging stations equipped with Level 1, Level 2, and/or DC Fast Charge EVSE.
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 18R 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-18 Mechanicsville: Use Table.
b.
Special administrative permits: Special administrative permits shall be required as indicated with "SAP" in SPI-18 Mechanicsville: Use Table.
c.
Special exceptions: None.
SPI-18 MECHANICSVILLE: USE TABLE
Note:
1 Market gardens are limited to parcels which are used as churches, synagogues, temples, mosques and other religious worship facilities or schools.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2008-62(06-O-0038), §§ 3N, 4N(1), 6P, 7-7-08; Ord. No. 2009-24(08-O-1251), §§ 2U, 2U(2), 6-9-09; Ord. No. 2009-61(09-O-1076), § 5(3), 10-13-09; Ord. No. 2011-39(10-O-1773), § 3Z, 9-15-11; Ord. No. 2013-57(13-O-1196), § 1, 11-13-13; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2015-02(14-O-1516), § 1, 1-29-15; Ord. No. 2014-22(14-O-1092), § 2-EE, 6-11-14; Ord. No. 2019-20(18-O-1679), § 11, 3-13-19; Ord. No. 2019-66(19-O-1504), § 16, 12-11-19; Ord. No. 2020-58(19-O-1393), § 42, 10-28-20; Ord. No. 2021-60(21-O-0682), § 38, 12-15-21; Ord. No. 2024-36(24-O-1222), § 7, 9-4-24)
Subject to the provisions in Part 16, Chapter 24, Nonconformities.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
1.
Adjoining lot in same frontage: Where a lot in this district abuts a lot in any R-1 through R-G, MR, PD-H district, or SPI-18 Subareas 4, 5, 6, and 10 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-in facility, car wash, service station, 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 16-18R.007(1)(b) below and extending inward over the SPI-18 district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-18R.007(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 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-18 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required SPI-18 setback or transitional yard adjoining the common property line with such protected district.
ii.
For parcels in an SPI-18 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-18 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 SPI-18 Subareas 1, 2, 3 and 9 adjoin an R-1 through R-G, or PD-H district or SPI-18 Subareas 4, 5 and 6 without an intervening street, 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 a maximum of ten feet in width. Where SPI-18 Subareas 7 and 8 adjoin an R-1 through R-G, or PD-H district or SPI-18 Subareas 4, 5 and 6 without an intervening street, a minimum of 20 feet is required which shall not be used for the purpose of parking, paving, loading, servicing or any other activity. Such yards shall be planted as approved by the city arborist and maintained as a landscaped strip.
b.
Where SPI-18 Subarea 3 adjoins SPI-18 Subarea 4 no transitional yard or permanent opaque wall are required when redevelopment occurs as part of a single development.
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.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2019-09(18-O-1581), § 10.15, 1-31-19)
See SPI-18 Mechanicsville: Development Controls Table for Bulk Limitations, Maximum Building Coverage, Public Space Requirements, and Minimum Open Space Requirements.
For purposes of this chapter, and notwithstanding the provisions of code 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 each of such uses constitute at least 20 percent of the total floor area, excluding accessory uses. When either the total non-residential or residential floor area of a development is less than 20 percent of the total floor area, minimum residential useable open space requirements (UOSR) or public space requirements (PSR) shall not apply to said floor area.
1.
Residential uses may utilize net lot area (NLA) or gross lot area (GLA) when calculating maximum permitted residential floor area, provided that useable open space requirements (UOSR) are calculated based on the same lot area.
2.
Affordable new sales housing units or rental housing units requirements:
a.
Affordable workforce housing bonus: All or portion of the non-residential floor area ratio (FAR) may be utilized for residential purposes as indicated in SPI-18 Mechanicsville: Development Controls Table, provided that 20 percent or more affordable sales or rental housing units are provided for that portion of residential units resulting from said utilization.
b.
The mix of affordable studio, one bedroom, two bedroom, and three bedroom units shall be proportionally similar to the percentage bedroom mix in the overall development. The size of each affordable unit shall not be smaller than the smallest unit for each unit type in the overall development. Said units shall be distributed evenly throughout the development and or building.
c.
Affordable workforce housing shall have the maximum price or maximum rent set forth for moderate income housing units as defined in Part 19, Chapter 1, section 19-1006.
d.
Affordable workforce housing requirements shall be in place for a minimum of 15 years from the date of issuance of the occupancy permit and shall include deed restrictions governing the value or rental rate placed on the affordable units.
e.
No housing unit associated with a development project for which bonus FAR calculations were applied shall be issued an occupancy permit until such time as documentation is provided to the bureau of buildings establishing that the affordable workforce housing requirements have been met and have been instituted as part of the warranty deed as an allowable exception to title for each affordable workforce unit that is a part of said development project.
3.
Minimum open space requirements. There are no total open space requirements (TOSR):
a.
For residential uses, including all residential components of mixed use developments:
i.
Open space requirements as indicated on Table I, "Land Use Intensity Ratios" shall be required for UOSR only, subject to additional requirements contained in subsection ii below for Subarea 10.
ii.
In Subarea 10, when a development spans public streets or contains non-contiguous parcels, credit for provided useable open space may be transferred offsite to parcels within the development, provided that:
1)
Both parcels are within SPI 18 Subarea 10; and
2)
Said open space is in excess of the minimum open space required for the donor parcel; and
3)
Said open space is constructed at the same time as the residential components to which it is credited.
b.
For nonresidential uses, including all non-residential components of mixed-use developments: Public Space requirements shall be as indicated in SPI-18 Mechanicsville: Development Controls Table. See section 16-28.012 for definitions and measurements. Required yards, sidewalks and supplemental zone widths that are constructed on private property may be counted towards this requirement. Such public space may include planted areas, fountains, community gardens, parks plazas, hardscape elements related to sidewalks and plazas, and similar features 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.
d.
All buildings and structures built before 1950 shall have no Useable Open Space requirements or Public Space Requirements, provided that additions that increase the building footprint by more than ten percent of the pre-1950 footprint shall be subject to said requirements and that the entire development lot and floor area shall be used in determining these requirements.
e.
Residential balconies: Balconies for residential units, which are enclosed on not more than three sides, may be counted towards UOSR for a maximum depth of six feet.
4.
Yards and supplemental zones: shall be as indicated in SPI-18 Mechanicsville: Development Controls Table.
5.
For additional subarea requirements see SPI-18 Mechanicsville: Development Controls Table.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
1.
Minimum lot requirement: If a lot has less area of 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.
2.
[Drive-through service windows and drive-in facilities.] Drive-through service windows and drive-in facilities shall not be located between the principal structure and the public or private street. Drive through eating and drinking establishments, and package stores are prohibited.
3.
Maximum building heights:
a.
Subarea 1:
i.
East of Central Avenue: 120 feet;
ii.
West of Central Avenue and south of Richardson Street: 120 feet within 135 feet of the property line along Central Avenue, and 60 feet beyond 135 feet from the property line along Central Avenue;
iii.
North of Richardson Street: 120 feet.
b.
Subarea 2: 120 feet.
c.
Subarea 3:
i.
East of Central Avenue: 120 feet;
ii.
West of Central Avenue and within 135 feet of the property line along Central Avenue: 120 feet;
iii.
East of Pryor Street: 60 feet;
iv.
All other areas: 40 feet.
d.
Subarea 4:
i.
The area bounded by Crumley Street, Fulton Street, Formwalt Street and Windsor Street: 60 feet;
ii.
All other areas: 35 feet.
e.
Subareas 5 and 6: 35 feet.
f.
Subareas 7, 8 and 9: 35 feet within 150 feet of Subareas 5 and 6, 60 feet between 150 and 300 feet of Subareas 5 and 6, and 85 feet greater than 300 feet from Subareas 5 and 6.
g.
Subarea 10: 85 feet.
4.
Minimum building façade heights: See SPI-18 Mechanicsville: Development Control Table.
SPI-18 MECHANICSVILLE: DEVELOPMENT CONTROLS TABLE
1) 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.
2) 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.
3) When a supplemental zone is adjacent to a multi-family building with no unit located above or below another residential unit, and when said zone meets the definition of a half depth front yard established in section 16-28.007(5)b, said supplemental zone shall have a minimum width of two feet.
4) Side or rear yard setback not adjacent to a street.
a. Nonresidential uses: none.
b. Residential uses, portions of buildings 35 feet in height or less: seven feet;
c. Residential uses, portions of buildings 35 feet to 52 feet in height: 15 feet;
d. Residential uses, portions of buildings above 52 feet in height: 20 feet;
e. Residential uses, façades with no windows adjacent to the side yard: none.
5) Non-residential floor area east of Ira Street and north of Glenn Street shall be limited to the first floor of a residential unit and shall not exceed 800 square feet in said unit. Non-residential uses not contained within a residential unit are prohibited.
6) Two-family dwellings shall only be permitted on lots greater than 40 feet in width.
7) In the case of zero-lot-line development, no side or rear yard is required along the internal lot line, provided that all other setback requirements from the external lot line shall apply.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
Publicly accessible sidewalks shall be located along all public or private streets and shall have minimum widths as specified in SPI-18 Mechanicsville: Sidewalks Table. Sidewalks shall consist of two zones: A street furniture and tree planting zone and a clear zone. The following regulations shall apply to all public sidewalks:
1.
Street furniture and tree planting zone requirements: The street furniture and tree planting zone shall have a minimum width as specified in SPI-18 Mechanicsville: Sidewalks Table. Said zone shall be located immediately adjacent to the curb and shall be continuous. Said zone shall meet the tree planting requirements of section 16-18R.010(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 and for a minimum width as specified in SPI-18 Mechanicsville: Sidewalks Table, by any permanent or nonpermanent element.
3.
Street tree planting requirements: Street trees are required and shall be planted in the ground a maximum of 30 feet on center within the street furniture and tree planting zone and spaced equal distance between street lights. 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. 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.
Tree grates: Tree grates are not required where all sidewalk width requirements are met. Where tree grates are required or otherwise installed, they shall be a minimum of four feet by eight feet, shall be a type specified by the director of planning in accordance with uniform design standards utilized by the director for placement of such objects in the public right-of-way, and shall be placed within the street furniture and tree planting zone. Where tree grates are not required or otherwise installed, tree planting areas shall be permitted to be planted with evergreen ground cover such as mondo grass or liriope spicata.
5.
Paving: Sidewalks shall be paved with concrete, brick or other decorative hardscape material to match existing materials on each block face.
6.
Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility within visibility triangles at street intersections, as measured from the curb, between the heights of two and one-half feet and eight feet above grade. See section 16-28.008(9), visibility at intersections.
7.
No awning or canopy shall encroach beyond the clear zone.
8.
Where property within this district abuts an R-1 through R-G, PD-H or MR district, or where an SPI-18 subarea abuts another SPI-18 subarea (with smaller sidewalks) without an intervening street, the sidewalk area within 20 feet of such districts shall taper as necessary to provide a smooth transition to the existing R-1 through R-G, PD-H, MR districts or SPI-18 subarea sidewalk. In the event that the abutting R-1 through R-G, PD-H, MR district or SPI-18 subarea has no existing sidewalk, the sidewalk shall taper to a width of six feet.
9.
Decorative pedestrian lights: Where installed, shall be placed a maximum of 60 feet on center and spaced equidistant between street trees within the street furniture and tree planting zone. All said lights shall be Atlanta Type "C" as approved by the director of the bureau of planning.
10.
Every commercially reasonable effort shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks.
11.
Trash receptacles or similar elements, where installed, shall be a type specified by the director of planning in accordance with uniform design standards utilized by the director for placement of such objects in the public right-of-way and shall be placed within the street furniture and tree planting zone.
12.
Outdoor dining within required sidewalk clear zone for pre-existing buildings: Buildings existing prior to the adoption of this ordinance with adjacent sidewalks that do not meet the requirements of this chapter, may have outdoor dining that encroaches into the sidewalk provided the following criteria are met:
a.
Shall have a minimum of eight feet of unobstructed sidewalk area adjacent to the curb when not located adjacent to on-street parking;
b.
Shall have a minimum of six feet of unobstructed sidewalk area adjacent to the curb when located adjacent to on-street parking;
c.
No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way;
d.
At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter; and
e.
Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including any plant material.
13.
Outdoor dining within required clear zone for new construction: New developments may have outdoor dining that encroaches into the sidewalk a maximum of two feet provided the following criteria are met:
a.
No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way;
b.
At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter; and
c.
Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including any plant material.
SPI-18 MECHANICSVILLE: SIDEWALKS TABLE
*In Subareas 7 and 8, when no principal structure is located directly adjacent to a supplemental zone, the supplemental zone shall be landscaped with shrubs and trees in accordance with section 16-18R.019, minimum landscaping for surface parking lots, barrier requirements.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
See SPI-18 Mechanicsville: Development Controls Table for width requirements. 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.
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.
Patio decks and off-street parking shall not be permitted within the supplemental zone;
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 sidewalk, unless existing topographical considerations render this requirement unreasonable;
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.
2.
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 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.
3.
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.
Said zone shall permit and encourage pedestrians to walk on a minimum of 80 percent of its surface, 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 shall meet the fenestration requirements of this chapter.
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 open to the sky along its entire length.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
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.
Active uses are required at sidewalk level along public and private streets, except at ingress and egress points into parking structures or loading areas. For the purposes of this chapter actives uses are limited to retail, office, residential, restaurant, museum, gallery, auditorium, library, hotel lobby, or cultural facility uses; all shall be serviced by plumbing, heating, and electricity. Minimum active use depths from the street facing building façade shall be provided as follows:
a.
Single-family, two-family or multi-family residential buildings with no residential units located above or below a unit: Minimum depth of ten feet.
b.
All other uses: Minimum depth of 20 feet.
c.
When two or more floors meeting the definition of sidewalk-level exist within the same building, this requirement shall only apply to the frontage of each floor located within five feet above or below the grade of the adjacent sidewalk.
3.
The primary pedestrian entrance to all sidewalk-level uses:
a.
Shall face, be visible from, and be directly accessible from the sidewalk.
b.
When located along a street that functions as an arterial or collector, shall face, be visible from, and be directly accessible from the sidewalk along such street, with the exception of single-family and two-family dwellings and multi-family buildings with no unit located above or below another residential unit.
c.
Shall remain unlocked during business hours for non-residential uses.
d.
Shall be at grade with the closest portion of the adjacent required sidewalk for non-residential uses.
e.
The use of fire-escape, entrance-only and exit-only doors as primary entrances is explicitly prohibited.
4.
Buildings containing residential uses shall:
a.
Provide individual unit pedestrian entrances that are directly accessible from the sidewalk and opening directly onto the adjacent sidewalk, park, plaza, terrace, stoop or porch when a building contains more than four sidewalk level residential units adjacent to the sidewalk, with the exception of assisted living facilities. All pedestrian walkways providing such access shall be primarily perpendicular to the street, unless topography prohibits, and shall be permitted to share said walkway with one adjacent unit.
b.
All residential uses not located at sidewalk level shall have pedestrian access to the sidewalk via a lobby fronting and accessible from said sidewalk.
c.
Provide a pedestrian walkway a minimum of four feet wide linking pedestrian entrances to the sidewalk.
d.
Provide front porches, stoops or wheelchair ramps on the principal structure pedestrian entrances, provided that:
i.
Except as required in SPI-18 Subareas 5 and 6, front porches shall be a minimum of six feet wide and a minimum of five feet deep. Front porches shall have roofs, balustrades and columns, and may be enclosed with screen wire, provided that the main characteristics of the porch such as balustrades, columns or porch railings, and front doors are visible. Front porch columns, excluding railings or pickets, shall have a minimum width of eight inches.
ii.
Stoops shall be a minimum of three feet wide and faced in brick or stone.
iii.
Steps serving porches or stoops facing the street shall have enclosed risers and ends.
e.
Residential fenestration treatment. All street-fronting façades, shall meet the following requirements:
i.
Windows shall be provided for a minimum of 30 percent and a maximum of 50 percent of the total façade, with each façade being calculated independently.
ii.
Equally sized vertical windows shall be arranged horizontally.
iii.
Windowpanes shall be recessed a minimum of three inches from the adjacent façade. In single-family and two-family structures windowpanes shall be recessed a minimum of two inches from the adjacent façade where wood or cementious siding are used.
iv.
Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows.
5.
Storefront fenestration treatment (for parking deck requirements see section 16-18R.017(3)). All street-fronting non-residential uses, with the exception of churches and fire stations, shall meet the following sidewalk-level requirements:
a.
The length of façade without intervening fenestration or entryway shall not exceed 20 feet.
b.
Fenestration shall be provided for a minimum of 65 percent of the length of all street frontages:
i.
Beginning at a point not more than three feet above the sidewalk, to a height no less than ten feet above the sidewalk or;
ii.
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 two or more feet above the sidewalk; or
iii.
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.
c.
Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements.
6.
Building floors shall be delineated to the third story above sidewalk level and lower and shall be executed through windows, belt courses, cornice lines or similar architectural detailing.
7.
A street address number shall be located directly above or beside the primary building and business establishment entrances along the required sidewalk, shall be clearly visible from the sidewalk and shall be a minimum of six inches in height.
8.
Chimneys:
a.
Shall begin at-grade.
b.
Shall be faced with brick, horizontal wood clapboard siding, horizontal hardiplank (cementious siding), stone, cast stone, or three-part hard coat stucco.
9.
Awnings and canopies:
a.
All awnings and canopies shall be cloth or canvas.
b.
Internally lit awnings and canopies are prohibited.
10.
Sidewalk arcades are not permitted.
11.
A fence, retaining wall, curb or hedge with a minimum height of six inches shall be provided at the back of the sidewalk adjacent to sidewalk-level residential units, with the exception of openings to access steps, drives or pedestrian walkways.
12.
Retaining walls shall be provided at the back of the sidewalk adjacent to sidewalk level residential units where similar retaining walls exists on adjacent lots, subject to subsection 15. below.
13.
Fences and walls shall meet the following regulations:
a.
For residential uses adjacent to the sidewalk, fences shall not exceed four feet 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 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.
e.
Fences adjacent to the street shall be of picket-wood, stone, composite materials or ornamental metal. The finished side or front side of one-sided fences shall face the public or private street.
f.
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.
14.
Gasoline fuel dispenser structures, canopies, and associated service areas shall not be located between a building and the street, except for those service stations located in Subarea 1, where gasoline fuel dispenser structures, canopies, and associated service areas may be located between the building and the street. A landscaped buffer shall be provided between all driveways adjacent to the fuel pump area and the street-fronting sidewalk. All required landscaped areas shall be planted with evergreen groundcover or shrubs with a maximum height of 30 inches, and all landscaped buffer areas and strips along sidewalks, drives, private streets and public rights-of-way shall have a minimum of one single-stem tree planted per 30 feet of length with a minimum caliper of three and one-half inches.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2015-44(15-O-1275), § 1, 9-17-15)
Building façade materials shall consist of the following:
1.
Single and two-family: All exterior façades shall be brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding).
2.
[Multi-family.] Multi-family building with no unit located above or below another residential unit:
a.
All exterior façades adjacent to a public street shall be brick, wood, stone, cast stone, three-part hard coat stucco, horizontal wood clapboard siding or hardiplank (cementious siding).
b.
All exterior façades not adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, concrete masonry units, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding).
3.
All other multi-family and non-residential:
a.
All exterior façades adjacent to a public street shall be brick, stone, cast stone or three-part hard coat stucco.
b.
All exterior façades not adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, concrete masonry units, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding).
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
Refer to section 16-28A, sign ordinance.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
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.] 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, rear, or roof 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. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
See table of loading requirements, section 16-28.015, off-street loading requirements.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
1.
Driveway curb cuts:
a.
All sidewalk paving materials shall be continued across any intervening driveway curb cut at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone.
b.
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 transportation.
c.
Maximum permitted number of driveway curb cuts for each development, subject to the provisions of section 16-25.002(3):
i.
Developments with only one street frontage, which is less than 300 feet in length: one;
ii.
Developments with only one street frontage, which is greater than 300 feet in length: two;
iii.
Developments with more than one street frontage: one located on each street frontage, provided that curb cuts shall not be permitted on arterial or collector streets when access may be provided on other streets with adjacent land uses similar to that of the subject property.
iv.
For the purposes of this Section, two curb cuts serving two one-way driveways shall only be counted as one curb cut.
d.
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.
2.
Driveways:
a.
No circular drives shall be located between any building and any public street with the exception of hotels, childcare centers, kindergartens, and special schools subject to the provisions in section 16-25.002(3).
b.
Unless authorized by section 16-18R.017(2)(a), 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.
c.
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.
d.
Independent driveways are not required when access is provided to a private alley. For single and two-family dwellings independent driveways are not required.
e.
Private alley shall be defined as a minimum of 24 feet wide mid-block access easement connecting two streets, having a minimum of eight feet wide paved area, adjacent to single and two family uses and 24 feet paved area for all other uses. Parking is not permitted in the alley. Where garage doors or parking areas are set back from the alley, its width may be reduced to 20 feet, provided 24 feet exists between parking areas or garage doors.
f.
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.
3.
Parking structures: In addition to section 16-28.028, the following regulations shall apply:
a.
Shall have the appearance of a horizontal storied building.
c.
Shall meet the active use requirements of section 16-18R.012(2); or
d.
When topographical conditions prevent the parking deck treatment requirements of section 16-18R.012(2) from being met, a continuous minimum five feet wide landscaped strip shall be provided between the structure and the public sidewalk, except at ingress and egress points into the structure. The landscaped strip shall be planted with street trees spaced a maximum distance of 20 feet on center, which shall also meet the tree requirements in section 16-18R.010. The landscape strip shall also be planted with evergreen ground cover such as mondo grass, liriope spicata, ivy or evergreen shrubs with a maximum mature height of 24 inches. All plantings, planting replacement and planting removal shall be approved by the city arborist.
4.
[Entrances to garages and carports that serve a single residential unit.] Entrances to garages and carports that serve a single residential unit, and which are located less than 20 feet behind the building façade of the principal structure, shall face the rear yard or a side yard which has no street frontage.
5.
[All developments, including parking decks.] All developments, including parking decks, shall have walkways a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See section 16-18R.019, minimum landscaping for parking lots and barrier requirements.
6.
No drop-off lanes shall be permitted along public streets. Where on-street parking is provided, certain parking spaces may be utilized as drop-off lanes, when permitted by the commissioner of transportation.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2008-67(08-O-0196), § 11, 7-21-08; Ord. No. 2020-33(20-O-1381), § 34, 6-23-20)
1.
All lighting including all parking decks and lots and lit canopies shall reduce light spillage onto residentially used properties by providing cutoff luminaries which have a maximum 90 degree illumination.
2.
All lighting that up-lights trees, buildings or other elements, shall be located a minimum height of eight feet above the sidewalk, driveway or pedestrian area when not located within completely landscaped areas.
3.
All parking facilities shall be maintained in a clean, safe and sanitary condition. Parking spaces and driving lanes shall be clearly defined and maintained as such. Parking lots shall not be operated when any damage impairs the drivability of the parking lot. See section 16-28.014 for additional requirements.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
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; and
4.
All landscaped buffer areas and strips along sidewalks, drives, private streets and public rights-of-way shall have a minimum of one tree planted per 30 feet of length with a minimum caliper of three and one-half inches.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
See section 16-28.014(6), Bicycle parking requirements.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2019-09(18-O-1581), § 12, 1-31-19)
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 as well as permitted uses. See also sections 16-28.013 and 16-28.014:
1.
Off-street surface parking:
a.
Shall not be located between a building and the street without an intervening building;
b.
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 16-18R.021(5) below.
2.
For office uses:
a.
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 as permitted in section 16-18R.021(5);
b.
All office developments over 100,000 square feet shall reserve and designate at least five percent of the employee parking spaces "Carpool Only." Carpool spaces shall be used only by carpool vehicles in which at least two of the persons are employees or tenants of the building. Such spaces shall be located near the building's employee entrance or other preferable locations within the employee parking areas as approved by the department of transportation; and
c.
All new parking structures shall be built to accommodate vanpool access. The minimum ceiling height for vanpools is eight feet two inches.
3.
For residential uses:
a.
Minimum parking requirements:
i.
Multi-family: As specified in Table 1, "Land Use Intensity Ratios" under appropriate FAR for the development.
ii.
Single and two-family: None.
b.
Maximum parking spaces:
i.
For resident parking, one parking space per bedroom for up to two bedrooms and one-half parking space for each bedroom unit of three and above may be provided per dwelling unit.
ii.
For visitor parking, one-third parking space per dwelling unit may be provided.
4.
For non-residential uses:
a.
Subarea 10 east of Ira Street and North of Glenn Street: Items "B" through "P" below notwithstanding, no more than one off-street parking space shall be provided for non-residential uses.
b.
Banks, savings and loan institutions, and the like: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area.
c.
Business colleges, trade schools, conservatories, dancing schools, and the like: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area.
d.
Child care centers, day care centers, pre-kindergartens, play and other special schools or day care centers for young children: A minimum of one space for each 600 square feet of floor area and a maximum of two and one-half spaces for each 600 square feet of floor area. In addition to providing off-street parking, such establishments shall provide safe and convenient facilities for loading and unloading children, as approved by the commissioner of the department of transportation.
e.
Clubs, lodges, and commercial recreational establishments: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area.
f.
Dormitories, fraternity houses and sorority houses. One space for two beds plus one space for each 200 square feet of floor area designated or occupied other than for sleeping purposes.
g.
Eating and drinking establishments:
i.
Indoor requirements: A minimum of one space for each 100 square feet of floor area and a maximum of three spaces for each 100 square feet of floor area;
ii.
Accessory outdoor dining which is 25 percent or less than the total gross floor area of the building or business, and is not covered with a permanent structure: A maximum of one and three-fourths spaces for each 100 square feet of floor area.
iii.
Accessory outdoor dining which exceeds 25 percent of the total gross floor area of the building or business shall have the following minimum requirements: A minimum of one space for each 100 square feet area and a maximum of one and three-fourths spaces for each 100 square feet of the total accessory outdoor dining floor area including the 25 percent non-exempt floor area.
h.
Fraternities, sororities: One space for two beds plus a minimum of one space for each 200 square feet of floor area and a maximum of two and one-half space for each 200 square feet of floor area designated or occupied other than for sleeping purposes.
i.
Hotels and motels: A minimum of one space for each 600 square feet of floor area and a maximum of two and one-half spaces for each 600 square feet of floor area.
j.
Nursing homes, personal care homes, assisted living facilities, and rehabilitation centers: A maximum of one space for four beds.
k.
Printing shops: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area.
l.
Retail establishments, including bakeries, delicatessens, catering, clothing and tailor shops: A minimum of one space for each 300 square feet of floor area and a maximum of two and one-half spaces for each 300 square feet of floor area.
m.
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: A maximum of two spaces for each classroom.
ii.
High school: A maximum of four spaces for each classroom.
iii.
Colleges and universities: A maximum of eight spaces for each classroom.
n.
For all other non-residential uses: A minimum of one parking space for each 300 square feet of floor area shall be provided on the site and a maximum of two spaces for each 300 square feet of floor area.
o.
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.
5.
Reduction or transfer of parking requirements: The director of the bureau of planning may reduce parking requirements only upon a determination that shared or off-site parking arrangements may be permitted by the director of the bureau of planning subject to the following criteria:
a.
The character or use of the building is such as to make unnecessary the full provisions of parking facilities; or
b.
That the applicant has established a valid shared or off-site parking arrangement. Said shared or off-site parking arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access. Additionally, all shared or off-site parking spaces shall be clearly marked and signed as reserved during specified hours. An applicant shall submit the following information establishing conformance to the above criteria in order to share or transfer parking requirements and avoid conflicting parking demands:
i.
A to-scale map indicating location of all proposed parking spaces;
ii.
Indicate hours of business operation(s);
iii.
Written consent of all property owners agreeing to the shared or off-site parking arrangement;
iv.
Copies of parking leases for shared or off-site parking arrangements. Renewed leases shall be provided to the director of the bureau of planning. Lack of a current lease shall automatically terminate the special exception authorization.
6.
Notwithstanding any provision of the City of Atlanta Code of Ordinances to the contrary, park-for-hire surface parking lots are prohibited. Accessory parking decks built to satisfy the parking requirements of this section shall be permitted to be used as park-for-hire parking decks. Park-for-hire parking decks built to provide parking spaces in excess of the parking requirements of this section 16-18R.021 shall only be permitted as a primary use through the special permit process as authorized in section 16-18R.005. Existing surface parking lots accessory to non-residential principal uses as of 6/1/2013 may be used for park-for-hire operations during events at Turner Field. Said operations shall be accessory to the principal use and shall only be permitted where such park-for-hire operation possesses:
a.
A valid business license; and
b.
A park-for-hire permit authorized by Article XVII of Chapter 30 of the Atlanta City Code.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07; Ord. No. 2008-62(06-O-0038), §§ 4N(2), 6P(1), 7-7-08; Ord. No. 2009-24(08-O-1251), § 2U(3), 6-9-09; Ord. No. 2013-57(13-O-1196), § 2, 11-13-13; Ord. No. 2020-33(20-O-1381), § 35, 6-23-20)
Any development that has an office component greater than 100,000 square feet of total gross leasable floor area of space shall become a member of an existing Transportation Management Association (TMA), which provides service to the area or shall provide a Transportation Management Plan (TMP) with the criteria listed below. The bureau of buildings shall not issue occupancy permits for any development in this district until such time as the developer or leasing agent for each of the components has submitted to the director of the bureau of planning, written confirmation of TMA membership or has submitted a Transportation Management Plan. The local TMA may assist with the preparation of the TMP.
The TMP shall contain strategies to reduce single occupancy vehicle trips generated by the project and shall be based on an annual commute mode survey. Said survey shall be based on a continuous five-day workweek for all estimated employees arriving at the work site and for all residents leaving the residential site between 6:00 a.m. and 10:00 a.m., Monday through Friday. Based upon the survey information, the employer and residential manager shall develop a TMP, which shall include, but not be limited to:
1.
Commute alternatives:
a.
Incentives for public transit ridership such as transit cards;
b.
Carpooling and vanpooling;
c.
Commuter bicycling and walking programs;
d.
Alternative work hours:
i.
Staggered work hours;
ii.
Compressed work weeks;
iii.
Flexible work hours (flextime);
iv.
Telecommuting.
2.
Transportation demand strategies:
a.
Improvements to alternative modes such as vanpooling;
b.
Financial incentives given to employees who use commute alternatives;
c.
Parking management programs;
d.
Commute alternatives information and marketing;
e.
Shared parking arrangements;
f.
Provision for a mixture of uses on-site;
g.
Pedestrian links to adjacent uses.
3.
A program to promote and maintain employee participation in carpooling, vanpooling, and use of mass transit, including a method of monitoring the number of ride sharers and their travel patterns.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
Pedestrian bridges and tunnels are prohibited when located above or below public streets, private streets which function as public streets connecting two other public streets, or other public rights-of-way.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
Zero-lot-line subdivision is permitted for residential uses in Subareas 1, 2, 3, 4, 6, 9 and 10 provided the minimum lot size established in the SPI-18 Mechanicsville: Development Controls Table is provided.
The additional requirements of section 16-28.007 shall also apply.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)
The following additional requirements apply to all properties located within Subareas 5 and 6. Please refer to the SPI 18 Mechanicsville: Development Controls Table and the SPI 18 Mechanicsville: Sidewalks Table, and section 16-18R.017, driveway curb cuts, driveways and parking structures for additional requirements.
1.
Front yard general requirements:
a.
Front yard setback: setbacks shall be no closer to the public or private street than the closest and no farther from the street than the farthest building built before 1945 of like use on that side of the block.
b.
Patio decks shall not be permitted within the front yard or half-depth front yard;
c.
Off-street parking shall not be permitted within the front yard or half-depth front yard.
d.
Driveways shall extend 20 feet beyond the front façade of the principal structure and shall have a maximum width of ten feet in the front yard.
2.
All front façades, front porches, front steps and front doors of the principal structure shall face and be parallel to the lot frontage. Wrap around front porches are permitted.
3.
The primary pedestrian entrance of the principle structure:
a.
Shall face and be visible from a public or private street and shall be located on the front façade.
b.
Each individual unit shall be linked to the sidewalk with a pedestrian walkway which shall be between three and four feet wide.
c.
Front doors shall be comprised of rectangular wood and glass panels consisting of a two-thirds wood lower portion and one-third glass upper portion, or shall be a solid wood door with two or three wood panels.
4.
Porches:
a.
Front porches on the principal structure shall be required, and shall be a minimum of 50 percent of the width of the house with a minimum depth of eight feet. Porches may be enclosed with screen wire only, provided that the main characteristics of the porch such as balustrades, columns or porch railings, and front doors are visible;
b.
Side porches in the half-depth front yard shall be a minimum of four feet in depth. Porches may be enclosed by glass windows or screen wire only, provided all the main features of a porch are maintained in place.
c.
Porches, terraces 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);
d.
Porches shall not extend more than ten feet into the front yard and five feet into the half-depth front yard.
e.
Porches facing a public or private street shall consist of the following:
i.
Steps shall have closed risers and ends and cheek walls. Said check walls shall consist of masonry, brick, three-part hard coat stucco or stone to match the foundation material of the principal structure. Access ramps shall be located on the side elevation.
ii.
Railings, columns, and posts shall not consist of unpainted wood or ornamental metal, and shall have the following minimum dimensions:
a)
Columns and posts shall be a minimum of six inches wide and shall have base and cap components.
b)
Pickets shall be at least two inches wide and two inches deep.
c)
Railings shall include top and bottom horizontal members. The top railing shall consist of two elements. The upper element shall measure two inches by six inches and the lower element shall measure two by four inches. The bottom railing shall measure two inches by four inches.
5.
Patio decks, balconies and upper level terraces:
a.
Patio decks shall be permitted only when located to the rear of the principal structure and shall be permitted at any level.
b.
Balconies and upper level terraces shall be permitted.
6.
Limitations on projections into required yards and open spaces shall be in conformance with section 16-28.008.
7.
Roofs:
a.
North of Ormond Street, the roof form above the front façade of the principal structure shall be front gabled and/or hipped. Roof pitch shall be a minimum of 8:12. Roof pitch above porches shall not be restricted.
b.
Roofing material shall be asphalt shingles, or metal when existing houses on the same block have metal roofs.
c.
Skylights shall be located in the rear only.
8.
Fenestration:
a.
North of Ormond Street:
i.
Any façades that face a public or private street shall consist of fenestration that shall be no less than 15 percent and no greater than 40 percent of the total surface wall area. Façades that do not face a public or private street shall consist of fenestration that shall be no less than ten percent of the total surface wall area. Windows may be individual or grouped. No individual window unit shall exceed 28 square feet. Within each individual window unit, no individual window sash, either fixed or operable, shall exceed 16 square feet.
ii.
Windows shall be double-hung.
iii.
Each double-hung window shall be surrounded by wood trim between four and six inches wide and shall include a bottom sill. Windows grouped together shall have center mullions two inches wider than the side trim.
b.
South of Ormond Street: Any façades that face a public or private street shall consist of fenestration that shall be no less than 15 percent and no greater than 80 percent of the total surface wall area. Façades that do not face a public or private street shall consist of fenestration that shall be no less than ten percent of the total surface wall area.
c.
Height of window sills on the public or private street fronting façade shall be no less than two and one-half feet and no more than three and one-half feet above finished floor elevation. Windows on said façade shall have a minimum height of three feet.
d.
All windows shall include windowpanes recessed a minimum of two inches from the adjacent façade, unless the façade is constructed as a glass curtain wall. Glass curtain walls shall not be permitted north of Ormond Street.
e.
Flat "snap-in" muntins and muntins sandwiched between layers of glass are prohibited.
9.
Façade materials shall consist of horizontal wood clapboard siding, horizontal hardiplank siding (cementious siding), brick, or stone. Painted wood fish-scale style shingles are permitted on the face of gables.
10.
Chimneys:
a.
Shall begin at-grade.
b.
Shall be faced with brick, horizontal wood clapboard siding, horizontal hardiplank (cementious siding), stone, cast stone, or three-part hard coat stucco.
11.
Foundations:
a.
The first floor of the principal structure, including public or private street-facing porches, shall be on foundations and elevated above the grade between two and four feet, unless existing topography is greater, as measured at the front façade of the structure. Slab on grade is not permitted.
b.
Foundations shall constitute a distinct building design element and shall contrast with the front façade material. Brick, stone, or three-part hard coat stucco shall be permitted. Standard, unfinished concrete block and stacked stone is prohibited.
12.
Garage entrances are prohibited on the front façade. Single car-width garage entrances shall be permitted on the half depth front yard façade of the structure. Double car-width garage entrances shall be permitted only on the rear façade of the structure.
13.
Accessory structures, such as carriage houses, smoke houses, tenant and alley houses, private garages, carports, and mechanical equipment shall be located to the side and/or rear of the principal structure within the buildable area of the lot and shall not project beyond the front of the principal structure. Accessory structures shall not exceed 20 feet in height and 22 feet in width. If mechanical equipment is visible from a public street, screening with appropriate plant or fence materials is required.
14.
Fences: The finished side or front side of one-sided fences shall face the public or private street.
15.
Retaining walls shall be provided at the back of the required sidewalk where retaining walls exist on adjacent lots. Said walls shall match the height of the adjacent retaining walls, unless existing typography requires the wall height to change.
16.
Asphalt paving is prohibited for walkways and driveways.
17.
Building height:
a.
Elevators or stairways constructed to access the roof shall not extend higher than ten feet above the roof line of a flat roof. Said elevator or stairway shall not exceed ten percent of the horizontal floor area of the roof, or 50 square feet, which ever is less.
b.
Parapet walls shall not extend more than 42 inches above the roof line of a flat roof.
18.
Grading:
a.
Grading shall not excessively or unnecessarily alter the natural topography of the site, with the exception of grading necessary to protect and preserve the structural integrity of a structure.
b.
New grades shall meet existing topography in a smooth transition, and shall not be increased.
(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-13-07)