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-26 Chastain Park Galloway School Special Public Interest District. These regulations shall supplant existing districts or portions of existing districts.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

The intent of this chapter is as follows:

(1)

To preserve and protect Chastain Park, a public park owned by the City of Atlanta.

(2)

To provide certain accommodations to an existing educational facility within the district.

(3)

To recognize the unique characteristics of the location of the existing educational facility within the district as being surrounded by a city-owned public park that, in accordance with O.C.G.A. § 36-64-2, cannot be put to any use inconsistent with its use as a park with playgrounds and recreation centers and for other recreation purposes.

(4)

To recognize the city's conclusion that Gresham Hall was constructed in the Neoclassical architectural style of 1908 to 1912 and that its architectural style and location significantly contribute to the character of Chastain Park.

(5)

To ensure there are no substantially adverse environmental, economic or social impacts to Chastain Park, a city-owned public park that surrounds this district, or to the public.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

The boundaries of SPI-26 Chastain Park Galloway School District are shown on map Attachment A which by this reference is incorporated into and made a part of this chapter.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

The provisions set forth in sections 16-18.005, 16-18.006 and 16-18.007 relating to requirements for special administrative permits shall not apply to this SPI-26 District. Chapter 27 of the Atlanta Zoning Ordinance, "Amendments", shall apply to changes to the regulations contained in this SPI. Chapter 24, "Nonconformities", applies to buildings and signage existing at the time of the adoption of this chapter, except as otherwise provided in this chapter.

The city shall notify NPU-A of any variance application and shall allow NPU-A a minimum of 45 days from the mailing date of such notice to provide written comments on such application.

Prior to action by the zoning review board (or any successor) on any amendment affecting this district, said amendment shall first be referred to the office of design, historic preservation studio, to provide an opportunity for review and written comment on such proposed amendment.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

A building or premises shall be used only for the following principal purposes:

(1)

Public schools, or private schools having similar academic curricula, and special schools for exceptional children.

(2)

Kindergartens and prekindergartens.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

Uses and structures which are customarily incidental and subordinate to the permitted principal use and structures are permitted.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

The following requirements shall apply:

(1)

Front yard: There shall be a front yard having a depth of not less than 60 feet.

(2)

Side yard: There shall be side yards having a width of not less than ten feet.

(3)

Rear yard: There shall be a rear yard of not less than 20 feet.

(4)

Accessory structures: Accessory structures, when permitted, shall be placed to the side or rear of the main structure so as not to project beyond the front of the main structure.

(5)

Maximum floor area ratio: The maximum floor area ratio within this district shall not exceed 0.50.

(6)

Maximum lot coverage: Maximum lot coverage within this district shall not exceed 76 percent of the district.

(7)

Maximum student enrollment: 810 students.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

(1)

One new building not to exceed 60,000 square feet may be constructed to replace the existing structure commonly known as Gresham Hall with a maximum height of 35 feet. The street-fronting façade, excluding chimneys, portico or porch roofs, steps, and stairwells shall be set back a minimum of 180 feet, as measured from the back of the northern curb of Chastain Park Avenue.

(2)

Buildings, portions of building and other structures existing at the time of the adoption of this chapter may be repaired, renovated or replaced to their existing degree of non- conformity, however any enlargement outside the footprint of the original nonconforming structure shall not exceed the maximum allowable height of 35 feet.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

Any new or significantly renovated building facing Chastain Park Avenue shall meet the following regulations:

(1)

The front façade, front portico, front steps and front door of the principal structure shall face and be parallel to Chastain Park Avenue.

(2)

The primary entrance shall face the street and the primary entrance door shall have sidelights and a transom.

(3)

A two-story portico is required for the primary entrance and shall be supported by white round columns and capped by a triangular pediment with cornice.

(4)

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

(5)

Fenestration for the street-facing façade shall be provided for a minimum of 50 percent of the length of the street frontage and shall not include painted or mirrored glass. Entrances may be counted towards fenestration requirements.

(6)

Reasonable effort shall be made to reuse existing exterior or interior Greek Revival Neoclassical architectural materials from the existing primary structure, either in the construction of the new building or elsewhere in the District.

(7)

The street-facing facade shall be brick, granite stone, cast stone, or wood, may have traditional stucco accents, and should reflect existing materials or elements being replaced in color, texture, and other visual qualities as much as practicable.

(8)

The principal structure shall be set behind an open front lawn dotted with trees consistent with the historical character of Chastain Memorial Park.

(9)

To the extent visible from Chastain Park Avenue, the building otherwise shall have design characteristics consistent with the February 2008 Chastain Park Master Plan, particularly Section I, "Executive Summary - Key Recommendations - Design Guidelines" (pages 11 — 12), and Section V(J), "Design Guidelines - Buildings" (pages 112 — 115) thereof. Whenever these design guidelines are in conflict with the provisions of chapter 16-18Z, the provisions of chapter 16-18Z shall apply.

(10)

No building permit shall be issued by the office of buildings (including any successor) without review and approval by the office of design, historic preservation studio (including any successor, the "studio"), confirming consistency with the requirements of this section. The applicant shall provide site plans, specifications, and other information necessary for adequate review under the requirement. The burden is on the applicant to demonstrate consistency through application to the studio.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

(1)

Number and area of signs: Except as provided in this subsection, only one sign per street frontage shall be permitted. Any such sign shall not exceed 35 square feet in sign area.

(2)

Setback: Signs may be located in the front setback but not nearer than 15 feet to the property line. Signs may be located in the side and rear setback if they are not visible to the general public. Two temporary signs are permitted in any required front yard at any given time.

(3)

Height: No freestanding sign shall be higher than ten feet above ground level.

(4)

Lighting of signs: No sign shall be internally illuminated, unless it is on or near an internal property line and not visible to the general public.

(5)

Animated, flashing, and changing signs: Animated, flashing and changing signs in this district are allowed only if they are not visible to the general public.

(6)

Signs extending over the right-of-way: No sign shall extend or project over any property line onto a sidewalk or street right-of-way.

(7)

Billboard signs: Billboard signs shall be prohibited.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

(1)

Driveways: one two-way driveway with parking is permitted between Chastain Park Avenue and a building. Additional driveways are permitted at the side or rear of a building or to reach on-site parking or loading.

(2)

Curb cuts:

(a)

Driveway and curb cut widths shall be a minimum of 20 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise authorized by the Office of Public Works.

(b)

No more than two curb cuts shall be permitted on Chastain Park Avenue and no more than one curb cut shall be permitted on Elliott Galloway Way.

(3)

Fences and walls shall meet the following regulations:

(a)

New retaining walls may be located in or adjacent to the side or rear yard setback and shall not exceed six feet in height. Any new retaining walls greater in height is subject to a special exception under zoning code. Retaining walls existing at the time of the adoption of this chapter may be repaired, renovated, or replaced to its existing degree of nonconformity.

(b)

Fences may be erected to the sides or rear of the buildings but shall not exceed six feet in height. A decorative fence may be erected between the primary building and Chastain Park Avenue subject to the following: shall not exceed 4.5 feet; shall be no closer than 15 feet to the back of the northern curb of Chastain Park Avenue; and must be screened with two rows of bushes, hedging or other landscaping.

(c)

Barbed wire and razor wire are prohibited permanent fencing materials.

(d)

Vehicular and pedestrian access to the property may be gated.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

The following minimum parking requirements shall apply:

(1)

One space for each four fixed seats (with 18 inches of 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:

a.

Elementary and middle school: Two spaces for each classroom.

b.

High school: Four spaces for each classroom.

c.

Child care centers, day care centers, prekindergartens, kindergartens, play and other special schools or day care centers for young children: One space per 600 square feet of floor area.

(2)

Reduction of on-site parking required may be granted by the director of the office of zoning and development subject to a shared parking agreement based upon criteria including, but not limited to the following:

a.

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

b.

The shared parking spaces may be in gravel lots but shall demonstrate that the replacement of on-site parking requested can be achieved on a space-for-space basis.

c.

Parking spaces under Galloway's direct control shall be clearly marked.

d.

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

i.

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

ii.

Hours of use by parking users; and

iii.

A written agreement between Galloway and the owners or operators of the parking areas demonstrating consent to a shared parking agreement. Renewed agreements shall be filed with the office of zoning and development. Failure to file or lapse of such required agreement shall terminate said shared parking arrangement, and be a violation of this section.

(3)

Bicycle parking is not required.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)

(1)

One loading space is required.

(2)

Dumpsters and loading docks shall not be located between any building and a public street and shall be located to the side or rear of the buildings.

(Ord. No. 2024-34(24-O-1216), § 1(Exh. A), 9-12-24)