The regulations set forth in this chapter or set forth elsewhere in this part when referred to in this chapter, are the regulations of the Vine City Special Public Interest District (SPI-19). These regulations shall supplant existing districts or portions of existing districts as shown on the attached map referenced in Section 16-18S.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. The SPI-19 Vine City regulations shall take precedence over the Atlanta Zoning Ordinance whenever a conflict between the two exists. When specific reference is not provided in the SPI ordinance, the Atlanta Zoning Ordinance, as amended, shall apply.

The regulations set forth in sections 16-18S.001 through section 16-18S.019 shall apply to all properties located within the SPI-19 Vine City, including all subareas within the district.

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

The intent of the council in establishing SPI-19 as a zoning district is as follows:

1.

Preserve, protect and foster the redevelopment of Vine City through the integration of transportation and land planning in a way that balances local, regional, and state economic benefits;

2.

Preserve and protect Vine City's historic buildings and sites as recognized by the inclusion of several buildings on the National Register of Historic Places;

3.

Encourage the development of housing that provides a range of opportunities for citizens within the district;

4.

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

5.

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

6.

Promote pedestrian safety by providing for pleasant and convenient sidewalk level pedestrian circulation that minimizes impediments by vehicles;

7.

Encourage the use of MARTA and other public transit facilities;

8.

Enhance the efficient utilization of accessible and sufficient parking facilities in an unobtrusive manner, including encouraging shared parking and alternative modes of transportation;

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

The boundaries of the SPI-19 Vine City are shown on map Attachment B which by this reference is incorporated into and made a part of this chapter and this part. The SPI-19 Vine City is divided into 11 subareas as shown on said map Attachment B and which are described as follows.

The intent of these standards is to establish clear minimum development standards, allow for the orderly progression of development, and provide flexibility over time without compromising the goals and objectives of SPI-19.

Table 1: Vine City Subareas

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

1.

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

2.

Provisions for administrative variations from regulations:

a.

As part of general action when plans require approval of an SAP, the director of the office of zoning and development may authorize variations from regulations generally applying based on written findings that either:

i.

A plan proposed by an applicant, while not strictly in accord with regulations applying generally within the district, satisfies the public purposes and intent, and provides public protection to an equivalent or greater degree; or

ii.

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

b.

Notation concerning the existence of such variation shall be made by written findings of SAP approval to be filed in the office of zoning and development as public record. Variances and special exceptions shall be required from the board of zoning adjustment in cases such as, minimum transitional yards, transitional height planes, minimum open spaces, maximum building height, maximum fence height and loading requirements, and signage limitations.

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

Any property wherein 60 percent or greater of the principal building is removed or destroyed by any means shall be redeveloped in accordance with the requirements of this chapter notwithstanding any other provisions in Part 16, Chapter 24 to the contrary. Destruction made necessary by repairs, maintenance and/or remodeling shall not be construed to be removal or destruction.

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

1.

See SPI-19 Use Table for permitted principal and accessory uses and special permits.

2.

Permitted principal uses:

a.

A building or premise shall be used only for the principal purposes as indicated with a "P" in the SPI-19 Use Table.

b.

For the purposes of this chapter, uses at sidewalk-level in what would otherwise be classified as an independent primary parking structure shall not constitute principal uses.

3.

Permitted accessory uses and structures: Accessory structures and uses permitted within this district shall include those indicated with a "PA" in the SPI-19 Use Table as well as those customarily accessory and clearly incidental to permitted principal uses and structures and specifically includes parking to serve authorized residential and non-residential uses within the district, subject to the restrictions contained in this chapter.

a.

Accessory uses in Subarea 5 shall be located on the ground floor of a building containing a principal use and shall not occupy more than 50 percent of the ground floor area.

b.

Accessory structures shall be placed to the rear of the principle structure and shall not exceed 80 percent of the height of the principal structure.

c.

Accessory structures shall be located so as to minimize the view from the public right-of-way.

4.

Special use permits and special administrative permits: Special use permits shall be required as indicated with "SUP" and Special Administrative Permits as indicated with "SAP" in the SPI-19 Use Table. These uses shall be subject to the limitations and requirements set herein or elsewhere in this part, and subject to the applicable procedures and requirements set forth in Section 16-25.001 et seq.

5.

Prohibited uses: Any principal use and structure not specifically listed in the SPI-19 Table of Uses is prohibited in this district. The Director is authorized to determine the classification of a use listed in this district where such use is combined with another use or the classification of the use does not meet an applicable definition. Additionally:

a.

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.

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20; Ord. No. 2020-58(19-O-1393), § 43, 10-28-20; Ord. No. 2021-60(21-O-0682), § 39, 12-15-21; Ord. No. 2024-20(23-O-1611), § 2, 6-12-24)

See SPI-19: Development Controls Table for Bulk Limitations, Building and Lot Coverage, Open Space Requirements, Yard Requirements, and Height 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 both of such uses are at least 20 percent of the total floor area, excluding accessory uses.

Notes:

* Developments < or = 0.5 acre - a minimum of 10% of the net lot shall be public space. Developments > 1 acre - a minimum of 20% of the net lot area shall be public space.

** Development < 1 acre - no open space requirements. Developments > 1 acre - a minimum of 5% of the net lot area shall be public space.

LUI: See Land Use Intensity Chart

#None for residential units without windows or non-residential uses. 5' for residential uses with windows.

None for residential units without windows or non-residential uses. 20' for residential uses with windows.

^#* Height shall not exceed 240' even when available bonuses are applied. Transitional Height Requirements: where required see Section 16-29.062

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20; Ord. No. 2024-16(23-O-1610), § 2, 4-24-24)

1.

Cul-de-sacs are prohibited. However, mid-block roadways constructed to provide future connectivity between public streets shall not be considered a cul-de-sac.

2.

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

3.

New streets incentive. New public streets, or private streets which function as public streets may be counted towards public space requirements provided the following criteria are met:

a.

Connects two other public streets or private streets which meet the requirements of items b, c, and d below; and

b.

Meets the requirements of sections 16-18S.010 and 16-18S.011; and

c.

The maximum width shall be 36 feet which shall include, two on-street parallel parking lanes, two travel lanes and sidewalk extensions at intersections and shall have granite curbs; and

d.

When adjacent to a park area, new streets shall meet all above requirements along each park edge.

e.

Gates shall not be permitted across said streets

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

1.

Adjoining lot with same frontage: Where SPI-19 Subareas 1, 3, 4, 8 and 11, adjoin an R-1 through R-G, or PD-H district or SPI-19 Subareas 5, 6, 7, 9 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-through service window or drive-in facility, car wash, service station, mortuary or funeral home, sales lot for automobiles, repair garage, or paint and body shop even where otherwise specifically authorized.

2.

Transitional height planes: Where SPI-19 Subareas 1, 3, 4, 8 and 11 adjoin an R-1 through R-G, or PD-H district or SPI-19 Subareas 5, 6, 7, 9, and 10 with or without an intervening street, height within this district shall be limited by the Transitional Height Plane requirements as defined in section 16-29.001.

3.

Transitional yards:

a.

Where SPI-19 Subareas 3 and 4 adjoin an R-1 through R-G, or PD-H district or SPI-19 Subareas 5, 6, 7, 9, and 10 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. Such yards shall be planted as approved by the city arborist and maintained as a landscaped strip.

b.

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

4.

Zero-lot-line development. Zero-lot-line subdivision is permitted for multifamily residential uses provided a minimum of 800 square feet in lot area is provided.

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

Sidewalks shall be located along all public and private streets and shall have the components and widths specified in the SPI-19 Development Controls Table. The following regulations shall apply to all sidewalks:

1.

Sidewalks shall consist of at least two zones, a street furniture zone and a clear zone.

a.

The street furniture zone shall be located immediately adjacent to the curb. Said zone shall be used for the required planting of trees and the placement of street furniture including 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 Office of Zoning and Development.

b.

The clear zone shall be located immediately contiguous to the street furniture zone and shall be continuous. Said zone shall be unobstructed for a minimum height of eight feet and shall have a consistent cross-slope not exceeding two percent.

2.

Street trees are required along all streets and shall be planted in the street furniture zone.

a.

All streets where no trees exist, new trees shall be planted in the ground a maximum of 30 feet on center within the street furniture 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 40 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.

3.

Decorative Pedestrian Street lights, where installed, shall be placed approximately 60 feet on center and spaced equidistant between required street trees. Where installed, said lights shall be located within the street furniture zone. Applicant shall coordinate with the Department of Public Works regarding the final decision of the proposed layout.

4.

No awning or canopy shall encroach into the street furniture zone.

5.

Trash receptacles or similar elements, where installed, shall be a type specified by the director of zoning and development 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 zone.

6.

Entryway doors shall not open into the clear zone.

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

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 public space requirements.

1.

Supplemental zone general requirements.

a.

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

b.

Terraces, porches and stoops shall have a maximum finished floor height of 36 inches above finished grade, unless existing topographical considerations render this requirement unreasonable;

c.

The supplemental zone shall be no more than 24 inches above the adjacent public sidewalk, unless existing topographical considerations render this requirement unreasonable; and

2.

Developments of greater than one acre in area and adjacent to existing transit stops which have no shelters shall provide a shelter within the supplemental zone for a minimum of one such stop. The design and location of such stop shall be approved by the Director of the Office of Zoning and Development.

3.

Fences and walls shall meet the following regulations:

a.

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

b.

Retaining walls located adjacent to a sidewalk along a public street shall not exceed a height of 36 inches. The combined height of a fence, where otherwise authorized and retaining wall shall not exceed a height of 42 inches, unless existing topography prohibits retaining walls of a lesser height. Retaining walls shall be finished poured concrete or shall be faced with stone, brick or smooth stucco. See section 16-29.001(25)(b) for definition of retaining wall.

c.

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

d.

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

e.

For outdoor dining, movable planters, movable fencing, or similar movable barriers are allowed to separate outdoor dining from the sidewalk, provided they do not exceed a height of 36 inches, including any plant material.

f.

Barbed wire, razor wire, and chain link fencing are prohibited permanent fencing materials.

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

1.

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

2.

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

a.

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

3.

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

4.

Fenestration:

a.

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

i.

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

ii.

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

iii.

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

1.

Beginning at a point not more than three feet above the sidewalk, or

2.

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

3.

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

b.

Fenestration shall be provided for a minimum of 30 percent of the length of the sidewalk level frontage for residential uses on all streets and for non-residential uses, with the exception of churches and fire stations, on all streets other than streets that function as arterial streets and collector streets.

5.

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

a.

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

b.

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

6.

Siding and foundation:

a.

A building's 16-18 street facing facade should have a maximum of two different cladding materials, excluding the fenestration material.

b.

Single family and two-family: All exterior facades shall be brick, wood, or Hardiplank, (cementitious siding). Hardiplank siding shall be a maximum of six inches in width.

c.

Multi-family, mixed use, and non-residential:

i.

All exterior facades adjacent to a public street, public park, and/or trail shall be brick, Hardiplank (cementitious siding) stone, cast stone, architectural metal panels, or true stucco.

d.

All exterior facades not adjacent to a public street shall be brick, stone, cast stone, true stucco, concrete masonry units, split-faced concrete, or split-faced block.

e.

Single-family and two-family: foundations are required in Subareas 5 and 6 and shall be finished with brick, smooth stucco, or smooth finish concrete at least two feet above grade.

7.

Active use provisions along arterial and collector streets. The following additional provisions shall apply:

a.

For the purposes of this chapter active uses shall be serviced by plumbing, heating, and electricity and are limited to residential, retail, eating and drinking establishments, museum, gallery, office, institutional, auditorium, library, hotel lobby, or cultural facility uses, and shall not include parking, non-residential storage areas, driveway or queuing lanes parallel to the adjacent street.

b.

Active uses shall be provided for a minimum depth of 20 feet, as measured from the sidewalk-level building facade.

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

Sign regulations shall be the same as 16-28.010(41).

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

1.

Off-street loading requirements shall be in accordance with the provisions of section 16-28.015 of the Atlanta Zoning Ordinance.

2.

Dumpsters and loading docks shall not be located between any building and the street, public park, and/or trail and shall be located in the side or rear yard, screened from public view with opaque walls or fences a minimum of six feet in height, and paved with impervious materials.

3.

Where provided, all loading spaces shall provide vertical clearance of 14 feet and shall not be located within the required sidewalk. Building mechanical and accessory features:

a.

Shall not be permitted between the building and any public street and public park;

b.

Shall be located to the side or rear of the principal structure and shall not be visible from the public right-of-way. Screening with plant or building materials shall be required where the equipment would otherwise be visible from the public right-of-way.

c.

When mechanical and accessory equipment is located on building roofs, they shall be incorporated into the design of the building and screened with building materials similar to the building, such as a penthouse or parapet wall.

4.

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

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

1.

Driveways:

a.

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

b.

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

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.

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

e.

No circular drives shall be located between any building and any public street with the exception of hotels, child care centers, and senior centers.

f.

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

2.

Curb cuts:

a.

Driveway and curb cut widths shall be 24 feet for two-way entrances and 12 feet for oneway entrances, unless otherwise authorized by the Office of Public Works.

b.

For the purposes of this section, two curb cuts serving two one-way driveways shall only be counted as one curb cut.

c.

Except as authorized in subsection 16-18S.015(2)(b) of the Atlanta Zoning Ordinance, no more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have one curb cut located on each street frontage.

d.

No curb cuts shall be permitted on arterial or collector streets when access can be provided from a local street.

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

1.

Parking requirements: The minimum number of parking spaces required, and maximum number allowed shall be in accordance with the following SPI-19 Vine City Parking Table. Any variation to increase the maximum allowable parking requirement shall be based upon criteria including, but not limited to the following:

a.

Tenant demand based upon on-site uses; and

b.

Parking efficiency and utilization for on-site uses; and

c.

Parking available off-site within one-quarter-mile radius.

2.

All parking areas and structures shall have delineated walkways at a minimum width of four feet, connecting parking to the required sidewalks and building entrances.

3.

Parking between a building and a street:

a.

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

4.

Parking structures (either principal or accessory use): In addition to requirements contained in section 16-28.028 the following regulations shall apply:

a.

Active uses shall occupy a minimum depth of 20 feet of the ground floor street frontage beginning at any building facade along the public sidewalk, except at ingress and egress points. Such commercial uses located in this area shall meet the requirements of section 16-18S.012.

b.

When located immediately adjacent to any public right-of-way, private street, public park, trail, or single-family residential district:

i.

Shall have an appearance of a horizontal storied building on all levels. Said structure shall have an appearance similar to or compatible with that of the adjoining or attached structure, including fenestration patterns and materials;

ii.

May not have ramping that is visible from the public right-of-way, private street, public park, trail or single-family residential district; and

iii.

Above-ground parking structures shall be designed so that the only openings at street level are those to accommodate vehicle entrances and pedestrian access to the structure. Any openings for ventilation, service, or emergency access located on the first-floor level in the building facade shall be an integral part of the overall building design or screened from view with landscaping at least 10 feet in height.

6.

Office uses, additional requirements:

a.

All office developments over 10,000 square feet shall reserve and designate, if parking is provided at least five percent of the-parking spaces "Carpool Only." Such spaces shall be located near the building's entrance or other preferable locations within the employee parking areas as approved by the commissioner of public works; and

b.

All new parking structures shall be built to accommodate vanpool access at entry level. The minimum ceiling height for vanpools is eight feet two inches.

7.

Loading requirements: Minimum off-street spaces shall be provided in accordance with 16-28.015

Table 4: SPI-19 Vine City Parking Table

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

1.

Minimum bicycle parking spaces shall be provided in accordance with 16-28.014(6).

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

The following additional requirements apply to all uses located within Subareas 5, 6, and 7. Please refer to the SPI-19: Development Controls Table and section 16-18S.015 driveway curb cuts, driveways and parking structures for additional requirements

1.

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

2.

Massing and articulation: Building facades greater than 100 continuous feet in horizontal length shall include variety in facade treatment, materials, textures, colors and/or window and door patterns and provide a depth change at a minimum of two feet to provide visual interest.

3.

Roofs: All detached single family residential buildings shall have a gable, pitched, or hipped roof minimum roof pitch of 4/12. Flat roofs for detached single family residential buildings are not allowed. Multi-family and mixed-use buildings with flat roofs shall be designed with a 3-foot minimum height parapet.

4.

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

a.

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

5.

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

6.

Fenestration:

a.

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

i.

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

ii.

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

iii.

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

1.

Beginning at a point not more than three feet above the sidewalk, or

2.

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

3.

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

b.

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

7.

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

a.

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

b.

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

c.

Such buildings shall have windows at sidewalk-level or park/trail level on each street frontage which are substantially similar in size to the sidewalk level front facade windows.

8.

Siding and foundation:

a.

A building's main/street facing facade should have a maximum of two different cladding materials, excluding the fenestration material.

b.

Single-family and two-family: All exterior facades shall be brick, wood, or Hardiplank, (cementitious siding). Hardiplank siding shall be a maximum of six inches in width.

c.

Multi-family, mixed use, and non-residential:

i.

All exterior facades adjacent to a public street, public park, and/or trail shall be brick, Hardiplank (cementitious siding) stone, cast stone, architectural metal panels, or true stucco.

d.

All exterior facades not adjacent to a public street shall be brick, stone, cast stone, true stucco, concrete masonry units, split-faced concrete, or split-faced block.

e.

Single family and Two Family: foundations shall be finished with brick, smooth stucco, or smooth finish concrete at least two feet above grade.

9.

Front porches.

a.

Front porches and/or stoops on the facade of the principal structure shall be required when such treatments are established by a majority of the single-family detached dwellings on the block face.

b.

Front porches, when required, shall:

i.

Be a minimum of 12-feet wide or one-third the width of the front facade, whichever is greater, and a minimum of eight feet deep; and

ii.

Contain roofs, a minimum of six-inch wide porch roof supports, and steps.

c.

For parcels with more than one street frontage, the front porch requirements of this section shall only be required to be applied to the building facade located in the front yard of the parcel, and not the half-depth front yard, side yard, or rear yard.

(Ord. No. 2020-14(19-O-1409), § 2(Att. A), 3-11-20)

1.

Developments containing residential uses shall be permitted a floor area bonus of one-times net lot area, provided that 20 percent of the total floor area developed shall be used for affordable for sale housing units or affordable rental housing for households earning 80 percent or less of the AMI. The percentage mix of affordable studio, one bedroom, two bedroom, and three-bedroom units shall be proportionally similar to the percentage mix in the overall development for market rate units.

2.

Developments that provide ten percent affordable housing to households earning between 40 percent and 60 percent of AMI shall receive a bonus FAR of one times the net lot area plus two additional floors or 20 feet above the maximum height permitted without bonuses.

3.

Developments that provide greater than 11 percent but equal to or less than 20 percent of affordable housing to households that earn between 40 percent and 60 percent of AMI shall receive an additional bonus:

a.

Fronting Martin Luther King Jr. Drive Corridor.

i.

1.00 FAR bonus plus one bonus floor for each three percent of units offered above the ten percent affordable threshold up to 20 percent above the threshold.

1.

Thirteen percent of units between 40 percent and 60 percent of AMI equals one floor bonus or ten feet above the maximum permitted height without bonuses.

2.

Sixteen percent of units between forty percent and sixty percent of AMI equal equals two floor bonus or 20 feet above the maximum permitted height without bonuses.

3.

Twenty percent of units equals three floor bonus height or 30 feet above the maximum permitted height without bonuses.

b.

Fronting Vine Street between Martin Luther King Jr. Drive and Rhodes Street and fronting Sunset between Martin Luther King Jr. Drive and Magnolia Street.

i.

1.00 FAR bonus plus one bonus floor for each five percent of units offered above the ten percent affordable threshold up to 20 percent above the threshold.

1.

Fifteen percent of units between 40 percent and 60 percent of AMI equals one floor bonus or ten feet above the maximum permitted height without bonuses.

2.

Twenty percent equals two floor bonus height or 20 feet above the maximum permitted height without bonuses

3.

Developments that provide between ten percent and 20 percent of the housing affordable for households that earn between 61 and 80 percent of AMI shall receive bonus FAR and bonus height.

4.

Developments that provide ten percent of the housing affordable to households that earn between 61 and 80 percent of AMI shall receive an additional 1.0 FAR bonus plus two additional floors above maximum permitted building height before bonuses.

c.

Fronting the Martin Luther King Jr. Drive Corridor.

i.

Developments that provide between 11 percent and 20 percent of affordable units for households that earn between 61 percent and 80 percent of AMI shall receive:

1.

.10 FAR for each one percentage increase between 11 percent and 20 percent of households earning between 61 percent and 80 percent of AMI.

2.

One additional floor for each three percent of units offered between 11 percent and 20 percent of AMI.

a.

Fourteen percent equals one floor or ten feet.

b.

Seventeen percent equals two floors or 20 feet.

c.

Twenty percent equals three floors or 30 feet.

d.

Fronting Vine Street between Martin Luther King Jr. Drive and Rhodes Street and fronting Sunset between Martin Luther King Jr. Drive and Magnolia Street.

i.

1.00 FAR bonus plus one bonus floor for each five percent of units offered above the ten percent affordable threshold up to 20 percent above the threshold.

1.

Fifteen percent of units between 61 percent and 80 percent of AMI.

a.

.5 FAR bonus.

b.

One floor height bonus or ten feet above the maximum permitted height without bonuses.

2.

Twenty percent of units between 61 percent and 80 percent of AMI.

a.

1.00 FAR bonus.

b.

Two floor bonus height or 20 feet above the maximum permitted height without bonuses.

4.

Ground-floor commercial bonus: Developments which provide street-fronting, sidewalk level retail establishments or eating and drinking establishments which comprise a minimum of 20 percent of the building footprint and meet all of the requirements of subsection 16-18S.012(4) shall be permitted a residential floor area bonus for every one square foot of said space built, up to three additional square feet of buildings are permitted.

5.

Civic bonus: Developments which provide recreational centers; community centers and community service facilities which are available to the general public during normal city recreational center, community center, or community service hours shall be permitted a residential floor area bonus equal to the total recreational center, community center or community service facility floor area. If such community use combined is 30 percent or more of the first floor the building shall receive a bonus height of one floor or 18-foot height increase.

6.

High performance building bonus: Developments which are designed to meet established high performance, sustainability, resilience, low carbon, low energy, or healthy building standards or registered for LEED Silver or better, BREAM, EarthCraft, Energy Start, HERS Rating no greater than 47 or Enterprise Green Communities shall receive a .1 FAR density bonus. If a minimum of 20 percent of the housing is affordable to households earning less than 80 percent of AMI, the development will receive a .25 FAR bonus. Developments which are designed to meet Passive House (PHIUS), WELL, FitWell, LEED Gold, LEED Platinum, Net Zero, or Carbon Zero shall receive a .5 FAR density bonus. If 20 percent of the homes in the development are affordable to households earning less than 80 percent of the AMI, the development will receive a .70 FAR bonus.

(Ord. No. 2024-16 (23-O-1610), § 1, 4-24-24)