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-21 Historic West End/Adair Park Special Public Interest District. These regulations shall supplant existing districts or portions of existing districts as shown on the attached map referenced in section 16-18U.003, except that any 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 16-18U.001 through and including section 16-18U.027 shall apply to all properties located within the SPI-21 Historic West End/Adair Park Special Public Interest District, including all subareas within the district. The remaining regulations set forth in section 16-18U.028 through section 16-18U.037 shall apply only to the subareas identified therein.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

The intent of the council in establishing SPI-21 Historic West End/Adair Park Special Public Interest District as a zoning district is as follows:

1.

Implement provisions of the comprehensive development plan incorporating certain recommendations contained in studies of this area, including the comprehensive study known as Historic West End Historic District Livable Centers Initiative (LCI) Plan;

2.

Create an urban environment in the commercial area of the West End where people can live, work, meet and play;

3.

Encourage the development and redevelopment of the underutilized industrial properties along Murphy Avenue in Adair Park in a commercially-viable manner that also ensures that future redevelopment provides net positive benefits to the physical environment of the Adair Park community and encourages the growth of a healthy, pedestrian-oriented, transit-supportive neighborhood;

4.

Improve the aesthetics of the built environment;

5.

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

6.

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

7.

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

8.

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

9.

Provide for development within this area that is compatible with existing low-and moderate-density development within surrounding residential areas;

10.

Prevent encroachment of incompatible commercial uses into residential neighborhoods;

11.

Ensure pedestrian-oriented building forms;

12.

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

13.

Provide sufficient parking in an unobtrusive manner;

14.

Encourage the use of transit through the location of mixed-use development and regional entertainment and cultural facilities around a transit-oriented center;

15.

Encourage opportunities for economic development, both residential and commercial, where there is a planned relationship between the transportation system and development;

16.

Maximize opportunities for pedestrian amenities, including parks, plazas, greenways and public art;

17.

Provide sufficient, safe and accessible parks, plazas and greenways for active and passive enjoyment;

18.

Reduce parking requirements by encouraging shared parking and alternative modes of transportation;

19.

Encourage development that reflects the village's original scale;

20.

Recognize that certain subareas are more attractive to development than others at different times in the development lifecycle, and to not impose onerous requirements on subareas that might prohibit redevelopment; and

21.

Address needs for accessibility, safety, and economic development of the Adair Park neighborhood and commercial/transitional districts that are in close proximity to the West End MARTA Rail station and Murphy Avenue.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

The boundaries of the SPI-21 Historic West End/Adair Park Special Public Interest District are shown on maps in Attachment B which by this reference is incorporated into and made a part of this chapter and this part. The Historic West End/Adair Park Special Public Interest District is divided into ten main subareas and other designated areas as shown on said map Attachment B. The subareas and other designated areas are described as follows:

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2019-09(18-O-1581), § 7.L, 1-31-19)

A special administrative permit shall be required for development in this district as set forth in this section. 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 and approved by the director of the bureau of planning prior to the applicant filing for a building permit. All 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 or a modification of the building footprint within this district, shall be subject to said site plan review and approval. Before making 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 special administrative permit 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 18U.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Exemption from the special application permit process will be considered for applications requesting general repairs or renovations, based on the following conditions:

In all subareas:

1.

There are no exterior additions to existing buildings;

2.

There are no expansions of existing outdoor dining or outdoor dining within required sidewalk areas;

3.

There is no construction which results in increased lot coverage or a modification of any building footprint; and

In Subareas 1 through 8:

4.

There are no alterations to any exterior building façades visible from the public right-of-way that reduce the number or amount of window openings or doors, alter façade materials, or decrease the height of the façade.

In addition, the director of the bureau of planning may exempt certain classes of applications for building permits from detailed review requirements as set forth above upon written findings that generally within SPI 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 building permits are determined by reference to such findings to be thus exempted, the permit shall be issued if otherwise lawful.

5.

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

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14)

In connection with the issuance of special administrative permits as is provided herein, the director of the bureau of planning is authorized to receive and decide requests for variations either as is provided at section 16-18.007 within this part or, alternatively, pursuant to the following standards:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, topography, subsurface conditions, overhead structures or the existence of sufficient trees in the public right-of-way within ten feet of the property line;

(2)

Such conditions are peculiar to the particular piece of property involved; and

(3)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Zoning Ordinance of the City of Atlanta.

The director of the bureau of planning is also authorized to receive and decide requests for a reduction of the required on-site parking for properties located in the reduced parking zone, to a maximum reduction of 100 percent of the regular onsite parking requirements given in this section. Parking reductions may be based upon consideration of such factors as adequacy of the existing pedestrian infrastructure, age of the structure, urban design features of the structure, local pedestrian accessibility and connectivity, and proposed use for the site.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Editor's note— Ord. No. 2018-11(18-O-1023), § 9.B, adopted May 16, 2018 repealed § 16-18U.007, which pertained to subdivision and derived from Ord. No. 2005-51, § 1(Att. A), 8-22-05.

A building or premises shall be used for the following permitted uses and structures:

1.

See Table SPI-21 Historic West End/Adair Park—Permitted Uses for permitted principal uses, permitted accessory uses and structures, and special permits.

2.

Permitted principal uses:

a.

A building or premises shall be used only for the principal purposes as indicated with a "P" in Table SPl-21 Historic West End/Adair Park—Permitted Uses.

b.

Uses indicated with a "P(X)" shall not exceed X square feet of floor area. This restriction shall apply to individual uses only. It shall not by itself restrict the overall floor area of buildings or the number of buildings allowed on a single lot.

c.

Commercial uses in Subareas 3, 5 and 6 are further restricted as indicated in sections 16-18U.030, 16-18U.032 and 16-18O.029.

3.

Special permits: The following are permissible only by special permits of the type indicated in Table SPI-21 Historic West End/Adair Park - Permitted Uses subject to 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.

a.

"SUP" indicates that a special use permit shall be required.

b.

"SAP" indicates that a special administrative permit shall be required.

c.

"SE" indicates that a special exception shall be required.

4.

Merchants may display merchandise outside during regular business hours providing that the display is adjacent to the place of business, sales are conducted directly by the place of business, and the primary business is conducted in an enclosed space. Merchandise may not be left outside of the enclosed place of business outside of regular business hours unless it is in a secured area adjacent to the place of business.

Notes:

1.

See additional restrictions on commercial uses for this subarea in section 16-18U.032.

2.

See additional restrictions on commercial uses for this subarea in section 16-18U.029.

3.

See additional restrictions on commercial and entertainment uses for this subarea in section 16-18U.035.

4.

Including fraternity and sorority houses. All dormitories, fraternity and sorority houses must have a current official affiliation with an accredited college or university.

5.

Including family care homes and congregate care homes

6.

And line-of-sight relay devices for telephonic, radio or television communications greater than 70 feet in height

7.

Defined as: Structures and uses required for operation of MARTA or a public utility but not including uses involving storage, train yards, warehousing, switching, or maintenance shops

8.

Including power generators and other telecommunications relay equipment

9.

Including savings and loan associations, and other similar institutions, but not drive-through services unless specifically permitted. See table entry under "Drive-Through Services".

[10.

Reserved.]

11.

See sections 16-18U.030 for further restrictions in this subarea.

12.

For home appliances, bicycles, lawn mowers, shoes, clocks, or similar household goods

13.

Containing no more than 100 rooms and not exceeding 75 feet in height

14.

And similar profit or non-profit cultural facilities

15.

Defined as outdoor amusement enterprises, exhibits, entertainment, meetings, displays or sales areas, or outdoor religious ceremonies

16.

Including coffee shops, delicatessens, and taverns, but not drive-through services unless specifically permitted. See table entry under 'Drive-Through Services".

17.

Including other commercial recreation establishments with primary activities conducted within fully enclosed buildings

18.

Including medical and scientific research, clinical testing, generation of hazardous waste, veterinary (if animals are kept within soundproof buildings), laboratories, and similar uses, excluding blood donor stations

19.

But not hiring halls

20.

And other institutions of higher learning

21.

Including community service facilities, when not owned by a government agency

22.

This restriction applies to individual uses only. It does not by itself restrict the size of buildings or the number of buildings on a single lot.

23.

See sections 16-18U.011, and 16-18U.021 for further restrictions on location of drive-through services.

24.

Including wholesale goods, warehousing, and storage.

25.

Farmers' market limited to parcels which meet the minimum lot size requirements and are used as churches, synagogues, temples, mosques and other religious worship facilities or schools.

26.

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

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2009-24(08-O-1251), §§ 2W, 2W(2), 6-9-09; Ord. No. 2009-47(09-O-0844), § 1, 8-25-09; Ord. No. 2009-61(09-O-1076), § 2(2), 10-13-09; Ord. No. 2010-57(10-O-1341), § 1, 10-12-10; Ord. No. 2011-39(10-O-1773), § 3AB, 9-15-11; Ord. No. 2014-22(14-O-1092), § 2-GG, 6-11-14; Ord. No. 2017-41(17-O-1010), § 1, 7-14-17; Ord. No. 2019-20(18-O-1679), § 14, 3-13-19; Ord. No. 2019-66(19-O-1504), § 18, 12-11-19; Ord. No. 2020-23(20-O-1229), § 1, 4-29-20; Ord. No. 2020-58(19-O-1393), § 45, 10-28-20; Ord. No. 2021-60(21-O-0682), § 41, 12-15-21; Ord. No. 2024-36(24-O-1222), § 9, 9-4-24)

Accessory uses and structures permitted within this district shall include those customarily accessory and clearly incidental to permitted principal uses and structures and specifically includes clubhouses, pools, and other recreation amenities, parking to serve authorized residential and non-residential uses within the district subject to the restrictions contained elsewhere in this chapter, and electric vehicle charging stations equipped with Level 1, Level 2, and/or DC Fast Charge EVSE.

Accessory parking structures and lots for required parking are permitted within 300 feet of primary use as measured from the nearest property line, without a special exception.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14)

Nonconforming properties are subject to these regulations to the extent indicated in Part 16, Chapter 24, Nonconformities. Nonconforming properties are required to come into complete compliance with these regulations upon redevelopment or upon loss of nonconforming status, subject to the provisions in Part 16, Chapter 24, Nonconformities.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

1.

Adjoining lot with same frontage: Where a lot in this district abuts a lot in any R-1 through R-G, MR, RLC or PD-H district, or subareas 6, or 7 of this district, at the side along the same street frontage, and without an intervening street, such lot within this district, or the first 100 feet on such lot if it is wider than 100 feet, shall not be used for any drive-through service window or drive-in facility, car wash, service station, mortuary or funeral home, sales lot for automobiles, repair garage, or paint and body shop even where otherwise specifically authorized.

2.

Transitional height planes.

a.

No portion of any structure shall protrude through a height limiting plane beginning the specified number of feet above the point set forth in subsection 16-18U.011(2)(b) below and extending inward over the SPI-21 district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-18U.011(2):

i.

R-1 through R-5;

ii.

RG-1 and RG-2;

iii.

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

iv.

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

b.

Proximity to districts and measurement applications:

i.

For parcels in an SPI-21 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required SPI-21 setback or transitional yard adjoining the common property line with such protected district.

ii.

For parcels in an SPI-21 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-21 district. (See diagrams at section 16-29.001(62).)

c.

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

d.

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

3.

Transitional yards:

a.

Where any subarea of this district adjoins an R-1 through R-5, R-G, MR, RLC or PD-H district, or Subareas 6 or 7 within this district 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 up to 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.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2019-09(18-O-1581), § 10.17, 1-31-19)

See Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations for bulk limitations, maximum building coverage, public space requirements, minimum open space requirements, and maximum height.

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.

TABLE SPI-21 HISTORIC WEST END/ADAIR PARK—DEVELOPMENT CONTROLS AND SITE LIMITATIONS

*Buildings and portions of buildings within 150' of Ralph David Abernathy Boulevard, shall have a maximum height of 72'.

1.

Bulk Limitations:

a.

Maximum permitted floor areas without bonuses:

i.

For nonresidential uses, the ratio of floor area to net lot area shall not exceed the amount indicated under "Maximum Nonresidential FAR" in Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations for each subarea.

ii.

For residential uses, the ratio of floor area to lot area shall not exceed the amount indicated under "Maximum Residential FAR" in Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations for each Subarea (See section 16-18U.012(2)).

iii.

For developments that combine residential and non-residential uses, the ratio of floor area to net lot area shall not exceed the sum of the amounts indicated under "Maximum Residential FAR" and "Maximum Nonresidential FAR" in Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations for each subarea, but not greater than the maximum floor areas permitted for each (See section 16-29.001(24)).

b.

Maximum permitted floor area with bonuses: Under no circumstances shall the ratio of floor area to gross lot area of any development with bonuses exceed the amount indicated under "Maximum Combined FAR With Bonuses" indicated in Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations for each subarea.

2.

Residential uses may use Net Lot Area or Gross Lot Area when calculating maximum permitted residential floor area, provided that Usable Open Space Requirements (UOSR) are calculated based on the same lot area.

3.

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

a.

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

b.

For non-residential uses, including all non-residential components of mixed-use developments: Public Space requirements shall be as indicated in Table SPI-21 Historic West End/Adair Park — Development Controls and Site Limitations. (See section 16-28.012 for definitions and measurements. Required yards and requirements for sidewalk 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 which are located on private property.)

c.

For mixed-uses: The sum of minimum open space requirements specified in subsections a. and b. above for non-residential and residential shall be met.

4.

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.

5.

Additional open space bonus: If indicated for a subarea in Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations, developments in that subarea shall be permitted a residential bonus of two square feet of residential floor area for each one square foot of open space provided above the minimum required herein. Said bonus shall be permitted provided that open space:

a.

Shall provide active or passive recreational amenities;

b.

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

c.

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

d.

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

6.

Ground-floor commercial bonus: If indicated for a subarea in Table SPI-21 Historic West End/Adair Park — Development Controls and Site Limitations, developments that provide street-fronting, sidewalk level retail establishments or eating and drinking establishments that comprise a minimum of 20 percent of the building foot print and meet all of the requirements of section 16-18U.017(1) shall be permitted a residential floor area bonus of three additional square feet for every one square foot of said space built.

7.

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

a.

The new streets connect two other public streets or private streets; and

b.

The new streets meets the requirements of section 16-18U.014; and

c.

The maximum width of said streets shall be 38 feet; and

d.

The new streets shall include two on-street parallel parking lanes, two travel lanes and sidewalk extensions at intersections; and

e.

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

f.

Gates shall not be permitted across said streets.

8.

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

a.

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

b.

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

c.

Sidewalk extensions are provided at street intersections where appropriate; and

d.

All other sidewalk requirements of this chapter are met.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2019-54(19-O-1380), § 1, 10-16-19)

1.

Minimum building façade heights: Buildings shall have a minimum façade height along each façade adjacent (within 30 feet) to any sidewalk or supplemental zone as shown in Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations.

2.

Maximum building heights: In addition to the requirements of transitional height planes specified in section 16-18U.011(2), buildings shall have a maximum height as shown in Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations.

3.

As indicated in Table SPI-21 Historic West End/Adair Park — Maximum Block Lengths, new development proposing to contain an entire block face greater than 800 feet in length shall be traversed by streets that create block faces no more than the indicated Maximum Block Length, except when topographical conditions prevent the introduction of new streets as required, or to allow new streets to coincide with an existing street grid. For the purposes of this chapter, a block face shall be measured from the back of sidewalk clear zones or required supplemental zones. Such streets shall function as public streets and shall connect two other public streets or private streets that meet the requirements of section 16-18U.012(8).

4.

Requirement for continuation of existing street network: Properties adjacent to the right-of-way of existing public streets which dead-end or cul-de-sac shall provide a street connection to that existing right-of-way and shall meet the requirements of section 16-18U.012(8) and section 16-18O.014, unless existing site topography does not permit such a connection to be made as determined by the commissioner of the department of transportation, or his/her designee.

TABLE SPI-21 HISTORIC WEST END/ADAIR PARK—MAXIMUM BLOCK LENGTHS

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2020-33(20-O-1381), § 38, 6-23-20)

Public sidewalks shall be located along all public streets and shall have minimum widths as specified herein. Sidewalks shall consist of two (2) zones: a street furniture and tree planting zone, and a clear zone.

SPI-21 HISTORIC WEST END/ADAIR PARK, SUBAREAS 1—9
SIDEWALK AND SETBACK REQUIREMENTS

*Minimum width is five feet on streets that function as arterial and collector streets, none otherwise.

**Minimum supplemental zone width is nine feet on streets that function as arterial and collector streets, five feet otherwise.

†Nonresidential uses: None. Residential use: Setback may be reduced to zero when no residential windows are adjacent to such yard.

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-21 Historic West End/Adair Park - Sidewalk and Setback Requirements. Said zone shall be located immediately adjacent to the curb and shall be continuous. Said zone shall meet the tree planting requirements of section 16-18U.014(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: The clear zone shall be a minimum width as specified in SPI-21 Historic West End/Adair Park —- Sidewalk and Setback 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 except as authorized in section 16-18U.016(7).

3.

Street tree planting requirements: Street trees are required and shall be planted in the ground a maximum of 50 feet on center within the street furniture and tree planting zone and spaced equal distance between street lights. 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 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 five 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: In Subareas 1 through 8, all paving within the street furniture and tree planting zone 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.

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 between the heights of 2½ 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, R-G, MR, PD-H, or LW district 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, R-G, MR, PD-H, or LW districts sidewalk. In the event that the abutting R, R-G, MR, PD-H or LW district 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 50 feet on center and spaced equal distance between required trees along all streets. Where installed, said lights shall be located within either the street furniture and tree planting zone or the supplemental zone. All said lights shall be Atlanta Type "C" as approved by the planning bureau.

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.

Entryways doors shall not open into the clear zone.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

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 ⅔ of the supplemental zone area;

b.

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

c.

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

d.

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

e.

Fencing permitted only when:

i.

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

ii.

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

2.

Supplemental zone widths: Along front and side façades shall be a minimum width as specified in SPI-21 Historic West End/Adair Park - Sidewalk and Setback Requirements.

3.

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

a.

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

b.

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

4.

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

a.

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

b.

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

c.

When adjacent non-residential ground floor uses are provided, all sides of buildings fronting said zone meet the requirements of section 16-18U.017(1).

d.

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

5.

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 bureau of planning.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

1.

For purposes of this chapter, sidewalk-level shall be defined as any floor of a building located within 30 feet of a sidewalk 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. "Adjacent" shall be defined ad "within 30 feet."

2.

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

3.

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

a.

Shall face and be visible from the street. When located adjacent to a storefront street, said entrance shall face and be visible from such street.

b.

Shall be directly accessible and visible from the sidewalk.

c.

In Subareas 1 through 8, shall remain unlocked during business hours for non-residential uses. In Subareas 9 and 10, shall either remain unlocked during business hours for non-residential uses, or may allow entry upon request as part of an entry security system, provided that all other public entrances utilize a similar entry system.

4.

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

5.

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

a.

All primary pedestrian entrances adjacent to a public sidewalk but within shall be linked to the public sidewalk with a pedestrian walkway a minimum of five feet wide. Said pedestrian walkway shall be perpendicular to the street and shall be permitted to share said walkway with one adjacent unit.

b.

All such buildings with more than four residential units that are adjacent to the sidewalk shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch adjacent to the sidewalk. All pedestrian walkways providing such access shall be perpendicular to the street and shall be permitted to share said walkway with no more than one adjacent unit.

c.

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

6.

Along all streets, parking, storage or digital industry switchboards, power generators and other relay equipment and rooms housing such equipment shall be permitted, with the exception that such uses shall not occupy a minimum depth of 20 feet of the ground floor street frontage beginning at any building façade along the public sidewalk. Said buildings shall meet the following additional requirements:

a.

Shall meet the requirements of section 16-18U.017(1) except at ingress and egress points into the structure and when topographical conditions prevent such treatment; or

b.

Shall meet the requirements of section 16-18U.016(5) except at ingress and egress points into the structure and when topographical conditions prevent such treatment.

7.

Sidewalk arcades: Buildings with nonresidential uses at the sidewalk level may have sidewalk arcades, which shall meet the following regulations:

a.

Shall provide an at grade sidewalk surface.

b.

Arcade supports shall be a maximum width of five feet.

c.

Shall provide a minimum of 25 feet of clear unobstructed space between arcade supports.

d.

A building with a sidewalk arcade shall meet the requirements of section 16-18U.017.

e.

Shall provide a minimum clear zone width of 15 feet and when located on streets which function as arterial streets or Storefront streets, shall provide a minimum supplemental zone width of five feet.

8.

Fences and walls shall meet the following regulations:

a.

For residential uses adjacent to the sidewalk, fences in Subareas 1 through 8 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.

In Subareas 1 through 8, retaining walls located adjacent to a sidewalk along a public street shall not exceed a height of two feet and the combined height of a fence where otherwise authorized and retaining wall shall not exceed a height of five feet, unless existing topography prohibits retaining walls of a lesser height. Retaining walls shall be finished poured concrete or shall be faced with stone, brick or smooth stucco. See also 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.

9.

In Subareas 1 through 8, no barbed wire, razor wire, chain link fence or similar elements shall be visible from any public plaza, ground level or sidewalk level outdoor dining area or public right-of-way.

10.

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

11.

In Subareas 1 through 8, building façade materials shall consist of the following:

a.

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

b.

Multi-family and non-residential:

i.

All exterior façades adjacent to a public street shall be brick, stone, cast stone, or true stucco.

ii.

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

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Properties which front streets indicated in Exhibit B as Storefront Streets shall meet the following regulations:

1.

Street-fronting buildings including parking decks shall meet the following sidewalk level requirements:

a.

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

b.

For buildings with ground floor commercial uses, fenestration shall be provided for a minimum of 65 percent of the length of the frontage. For buildings with ground floor residential usage, fenestration shall be provided for a minimum of 30 percent of the length of the frontage. Frontage area shall be determined as follows:

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 three 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.

d.

For parking decks, commercial uses shall occupy a minimum depth of 20 feet of the ground floor street frontage beginning at any building façade along the public sidewalk, except at ingress and egress points. Such commercial uses located in this area shall meet the requirements of section 16-18U.017.

2.

Minimum building façade height: 24 feet along each façade visible from the public right-of-way.

3.

Security gates and screens installed on any façade visible from the public right-of-way shall be constructed of an openwork design, shall be fully retractable, and shall be fully retracted during business hours.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Signs shall be allowed as in 16-28A. Sign Ordinance and as specifically allowed within each sub-area as provided for herein.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2019-35(19-O-1056), § 1, 6-26-19)

1.

Loading areas: Loading areas shall be paved with impervious materials and in Subareas 1—8, they 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. Loading areas serving residential uses in Subareas 1—8 shall be enclosed with opaque walls six feet in height.

2.

Dumpsters: Dumpster 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 serving residential uses shall be enclosed with opaque walls six feet in height.

3.

In Subareas 1—8, 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.

4.

Building mechanical and accessory features:

a.

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

b.

When located on rooftops shall be incorporated in the design of the building and screened with building materials similar to the building.

c.

Shall not be permitted between the building and any public street.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

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

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

1.

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

2.

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

3.

In Subareas 1—8, driveway and curb cut widths shall be 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of the department of transportation.

4.

No circular drives shall be located between any building and any public street with the exception of hotels.

5.

Drive-through service lanes, when permitted, shall not be located between any building and the sidewalk.

6.

Curb cuts and driveways 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.

7.

In Subareas 1—9, unless authorized by section 16-18U.021(4), 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.

8.

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.

9.

Entrances to garages and carports that serve a single residential unit shall face the rear yard, or a side yard that has no street frontage.

10.

In Subareas 1—9, all contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas.

11.

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

12.

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.

13.

All developments, including parking decks, shall have sidewalks a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See Section 16-18U.023, Minimum Landscaping for Parking Lots, Barrier Requirements.

14.

No drop-off lanes shall be permitted along public streets.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2008-67(08-O-0196), § 12, 7-21-08; Ord. No. 2020-33(20-O-1381), § 39, 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 that 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 surface parking lots and structures, whether a nonconforming principal use or accessory use, and whether commercial or noncommercial, shall have the following minimum requirements:

a.

Lighting shall be provided throughout all parking facilities to equal a minimum of two (2.0) foot candles of light. A foot-candle of light is a uniformly distributed flux of one lumen on a surface of one square foot in area. Where applicable, public street lighting may be utilized to either partially or totally fulfill the lighting requirements; however, where such street lighting is removed, it shall be the responsibility of the parking facility to independently provide these required levels of illumination.

b.

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. 2005-51, § 1(Att. A), 8-22-05)

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 mature height of 30 inches; and

4.

All required landscaped buffer areas and strips of any length shall have a minimum of one tree with a minimum caliper of 2.5 inches.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

In addition to the provisions of section 16-28.008(7), which shall apply and are incorporated herein, the following parking requirements shall apply to all uses approved by special permits. (See also sections 16-28.013 and 16-28.014):

1.

Off-street surface parking shall not be located between a building and the street without an intervening building, with the following exceptions:

a.

Parcels in Subarea 9 that have frontages on both Murphy Avenue and Allen Street shall be allowed to locate parking between a building and Murphy Avenue if such parking cannot be accommodated elsewhere on the site.

b.

In Subarea 10, this restriction shall apply to buildings that are located within 30 feet of the sidewalk.

2.

Parking facilities shall be accessory to a permitted principal use only, provided that parking spaces serving another principal permitted use may use such facility for shared parking during non-normal business hours by compliance with the following:

i.

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

ii.

All shared parking spaces shall be clearly marked; and

iii.

An applicant shall submit the following information as part of the application to reduce parking requirements and avoid conflicting parking demands:

a)

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

b)

Hours of business operation of nonresidential parking users;

c)

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

d)

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

3.

For all uses located in the reduced parking zone: The director of the bureau of planning is authorized to receive and decide requests for a reduction of the required on-site parking, to a maximum reduction of 100 percent of the regular onsite parking requirements given in this section, based upon consideration of such factors as adequacy of the existing pedestrian infrastructure, age of the structure, urban design features of the structure, local pedestrian accessibility and connectivity, and proposed use for the site.

4.

For office uses minimum requirements unless otherwise stated:

a)

All developments 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 director of the bureau of traffic and transportation.

b)

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

5.

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

6.

For non-residential uses minimum requirements unless otherwise stated:

a.

Banks, savings and loan institutions, and the like: One space for each 200 square feet of floor area.

b.

Business colleges, trade schools, conservatories, dancing schools, and the like: One space for each 200 square feet of floor area.

c.

Child care centers, day care centers, prekindergartens, play and other special schools or day care centers for young children: One space per 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 director, bureau of traffic and transportation.

d.

Clubs, lodges, and commercial recreational establishments: One space for each 200 square feet of floor area.

e.

Dormitories: No parking requirements.

f.

Eating and drinking establishments, including accessory outdoor dining covered with a permanent structure:

i.

Within Subareas 1, 2, and 3: One parking space for each 200 square feet of floor area.

ii.

Within Subareas 4-10: One parking space for each 100 square feet of floor area.

g.

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

h.

Hotels and motels: One space per rental unit plus ½ space per employee; one space per 100 square feet of restaurant/lounge gross leasable area (GLA); one space per 300 square feet of other convention facilities (GLA).

i.

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

j.

Office uses: No minimum. A maximum of 2.50 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.

k.

Photocopying shops: One space for each 200 square feet of floor area.

l.

Schools, colleges, churches, recreation or community centers and other places of assembly. One space for each four fixed seats (with 18 inches if bench length counted as one seat or one space for each 35 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the following:

i.

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

ii.

High school: Four spaces for each classroom.

iii.

Colleges and universities: Eight spaces for each classroom.

m.

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

n.

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.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2009-24(08-O-1251), § 2W(3), 6-9-09)

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

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2019-09(18-O-1581), § 12, 1-31-19)

With the exception of pedestrian bridges that connect Subarea 10 to the West End MARTA Rail Station, 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. 2005-51, § 1(Att. A), 8-22-05)

Except in Subarea 7, zero-lot-line subdivision is permitted for residential uses provided a minimum of 1,000 square feet in lot area is provided. The additional requirements of section 16-28.007 shall also apply.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

1.

Except where it is marked otherwise in Table SPI-21 Historic West End/Adair Park Permitted Uses, no single use in this subarea shall occupy more than 15,000 square feet of floor space. This restriction shall apply to individual uses only, and shall not by itself restrict the number of uses permissible on a single lot, nor restrict the overall floor area allowed on a single lot.

2.

For ground floor commercial uses, when the finished floor elevation is located at the sidewalk, solid bulkhead walls shall be placed under all windows to a height of between 15 and 25 inches above the sidewalk.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

1.

All non-residential permitted uses listed in Table SPI-21 Historic West End/Adair Park - Permitted Uses shall be restricted in floor area to a maximum of 20 percent of the total development, shall be located within a building that contains street frontage and shall be located on the street-level floor only. No occupancy permit for such uses shall be issued until a minimum of 50 percent of the total dwelling units are occupied.

2.

Upon site redevelopment, Evans Street shall be extended to reconnect to Oglethorpe Street, and said street shall function as a public street.

3.

Upon site redevelopment, Victoria Place shall be extended to Lee Street, and the extension shall function as a public street.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

All non-residential permitted uses listed in Table SPI-21 Historic West End/Adair Park - Permitted Uses shall be restricted in floor area to a maximum of five percent of the total development, shall be located within a building that contains street frontage and shall be located on the street-level floor only. No occupancy permit for such uses shall be issued until a minimum of 50 percent of the total dwelling units are occupied.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Uses in the following categories, as shown in Table SPl-21 Historic West End/Adair Park - Permitted Uses shall only be permitted along designated Storefront Streets: Retail Goods and Services, Entertainment.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Large screen video display (LSVD), as defined in section 16-28A.004, shall be permitted within Subarea 9-Adair Park live/work so long as the sign meets the following requirements:

a.

No LSVD sign shall cause glare or impair the vision of the driver of any motor vehicle or to otherwise interfere with the safe operation of a motor vehicle;

b.

All LSVD signs within the district shall be within 300 feet of the right-of-way of Interstate 20 and shall be within 1,000 feet of any road with an access ramp to Interstate 20.

c.

No LSVD sign shall be located on a lot less than 1.5 acres in size;

d.

No LSVD sign shall be located within 10 feet of any property line;

e.

No LSVD sign larger than 300 square feet shall be constructed within 1,000 feet of an existing LSVD sign larger than 300 square feet as measured in a straight line from the nearest edge of the existing LSVD sign;

f.

Any LSVD sign with faces converging into a "V" shape shall enclose the ends of the faces;

g.

No LSVD sign shall be located within 1,000 feet of any property zoned R-l, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-4B, R-5, R-G, R-LC as measured in a straight line from the boundaries of any properties zoned under these zoning classifications to the nearest edge of the sign;

h.

The sign face of the LSVD sign shall not be greater than 175 feet above existing grade;

i.

No LSVD signs shall have more than two video display faces;

j.

No LSVD sign shall exceed 2,000 square feet in video display facing per side;

k.

No LSVD sign shall be located within 1,000 feet of the boundaries of a City of Atlanta park in existence as of June 17, 2019 pursuant to the attached list of parks in "Attachment A" of this Ordinance, as measured in a straight line from the nearest boundary of a City of Atlanta park to the nearest edge of the sign;

l.

All LSVD signs shall come equipped with a light sensing device that automatically adjusts the brightness in direct correlation with ambient light conditions;

m.

The brightness of light emitted from the LSVD sign shall not exceed 0.3-foot candles over ambient light levels measured at a distance of 350 feet;

n.

All permits for LSVD signs shall be issued pursuant to the provisions of 16-28A.013 in lieu of the requirements under 16-18U.004;

o.

The content displayed on the LSVD sign shall be limited to advertising related to businesses lawfully operating on the property where the sign is located; and

p.

Should any provision of this section conflict with the regulations of Chapter 28A of the City of Atlanta Zoning Ordinance (Sign Ordinance), these regulations shall control.

(Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2019-35(19-O-1056), § 2, 6-26-19)

(Ord. No. 2005-51, § 1(Att. A), 8-22-05)