The following regulations and requirements apply to PD-H Planned Development—Housing Districts, defined for purposes of these regulations as planned development districts primarily for dwellings and related uses and facilities.

(Code 1977, § 16-19A.001)

PD-H districts may hereafter be established in accordance with general procedures and requirements set forth in chapter 19, above, within any district except industrial, with appropriate intensities and densities in accordance with one of the numbers so selected from the residential intensity rating chart, section 16-08.007.

With respect to the selection of an intensity number from the residential intensity rating chart for a particular PD-H district, it is intended that in addition to other policies and limitations set forth in this part, consideration shall be given to general housing needs in the city as a whole, the need for particular types of housing, and if located within defined, established neighborhoods, that such proposed housing be of a character and type suitable to and compatible with the neighborhood. It is further intended that the intensity number so selected shall be appropriate to the character of surrounding development within the range of economic feasibility and consistent with the comprehensive development plan.

(Code 1977, § 16-19A.002)

(1)

Dwellings, one-family, two-family and multi-family, detached, semidetached and attached; and zero-lot-line development.

(2)

Private noncommercial social, recreational and cultural facilities such as game rooms, golf courses, swimming pools, marinas, tennis courts, and similar facilities.

(3)

Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications as contemplated by section 16-25.002(3)i(iv)(i).

(4)

Assisted living facilities, as defined in section 16-29.001(16)(b) provided that such facility is a part of a PD-H consisting of greater than 500,000 square feet of gross floor area in one or more multi-unit buildings and the assisted living facility is less than 20 percent of the gross floor area of the overall PD-H and is less than 20 percent of any building within the PD-H development in which the facility is located and further provided however that such building shall have not less than 250,000 square feet of gross floor area devoted to all uses including the assisted living portion. Such facility must also meet all requirements that would otherwise be required for a special use permit and the satisfaction of those requirements shall be a condition of the zoning.

(a)

When not otherwise approved as a part of the original PD-H, the assisted living facility component may be permitted by special use permit, subject to the limitations and requirement set forth herein and elsewhere in this part.

(5)

Urban gardens, as defined in section 16-29.001(83) provided that such a use is a part of a PD-H consisting of at least three single-family houses. Such facility must also meet all requirements that would otherwise be required for a special administrative permit per section 16-25.002(5) and the satisfaction of those requirements shall be a condition of the zoning. When not otherwise approved as a part of the original PD-H, an urban gardens as a principal use on an undeveloped lot component may be permitted by special administrative permit, subject to the limitations and requirement set forth herein and elsewhere in this part.

(6)

Short-term rentals, subject to the regulations in Atlanta City Code section 20-1001.

(Code 1977, § 16-19A.003; Ord. No. 1997-06, § 6, 2-10-97; Ord. No. 2001-96, § ILIX, 12-12-01; Ord. No. 2011-30(11-O-0095), § 1, 7-14-11; Ord. No. 2014-22(14-O-1092), § 2-II, 6-11-14; Ord. No. 2021-60(21-O-0682), § 43, 12-15-21)

Uses and structures which are customarily accessory and clearly incidental to permitted uses and structures, with parking provided as appropriate, also to include: (i) devices for the generation of energy such as solar panels, wind generators and similar devices; and (ii) electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE.

(Code 1977, § 16-19A.004; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14)

Residential intensities and parking ratios shall be permitted according to the appropriate sector number maximum intensities and related ratios shown on Table I, "Land Use Intensity Ratios" (see section 16-08.007) as approved by the council through an application filed for a Planned Development Housing (PD-H) District.

(Code 1977, § 16-19A.005)

Site planning within the districts shall provide protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences from within the development. In particular:

(1)

Principal vehicular access points: Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers and extra width of the approach street shall be required where existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside the districts in such a way as to encourage use of such minor streets by substantial amounts of through traffic.

(2)

Access for pedestrians and cyclists: Access for pedestrians and cyclists entering or leaving the district shall be by safe and convenient routes. Such access need not be adjacent to, or limited to the vicinity of, vehicular access points. Where there are crossings of pedestrian ways and vehicular routes at edges of planned developments, such crossings shall be safely marked and controlled; and where such ways are exposed to substantial vehicular traffic at edges of districts, safeguards may be required to prevent crossing except at designated points.

(3)

Protection of visibility for automotive traffic, cyclists and pedestrians: Protection of visibility for automotive traffic, cyclists and pedestrians shall be as generally provided at section 16-28.008(9), "Visibility Clearance at Intersections." In addition, where there is pedestrian or bicycle access from within the development to a street at its edges by paths or across yards or other open space without a barrier to access to the street, no material impediment to visibility, as defined therein, shall be created or maintained within areas appropriate to the circumstances of the case, but in any event within a visibility triangle equivalent to that required at section 16-28.008(9).

(4)

Yards, fences, walls or vegetative screening at edges of PD-H districts: Yards, fences, walls or vegetative screening at edges of PD-H districts shall be provided where needed to protect residents from undesirable views, lighting, noise or other off-site influences, or to protect occupants of adjoining residential districts from similar adverse influences within the PD-H district. In particular, extensive off-street parking areas and service areas for loading and unloading vehicles other than passenger, and areas for storage and collection of refuse and garbage shall be screened.

(5)

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 16-19A.006(5)(b) below and extending inward over the PD-MU district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-19A.006(5):

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

ii.

For parcels in a PD-MU 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 PD-MU 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.

(6)

Repealed.

(7)

Internal relationships, site planning: The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities, for appropriate relation of space inside and outside buildings to intended uses and structural features, and for preservation of desirable natural features and minimum disturbance of natural topography.

(a)

Streets, drives, parking and service areas: Streets, drives, parking and service areas shall provide safe and convenient access to dwelling units and general facilities, and for service and emergency vehicles. Streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the development into small blocks. In general, block size shall be the maximum consistent with use and shape of the site and the convenience and safety of occupants.

(b)

Vehicular access to streets:

1.

If the street or portion thereof serves 50 or less dwelling units, vehicular access from off-street parking and service areas may be directly to the streets from the sites of individual dwelling units. Determination of number of dwelling units served shall be based on normal routes of traffic anticipated in the development.

2.

Vehicular access to other streets or portions of streets: Vehicular access to other streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic from and to such areas conveniently, safely and in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interruption.

(8)

Ways for pedestrian and cyclists; use by emergency or service vehicles. Walkways shall form a logical, safe and convenient system, approved by the department of public safety for pedestrian access to all dwelling units, project facilities, and principal off-site pedestrian destinations.

Walkways to be used by substantial numbers of children and routes to school or other destinations shall be so located and safeguarded as to minimize contact with normal automotive traffic. If substantial bicycle traffic is anticipated, bicycle paths shall be coordinated with the walkway system. Street crossings shall be held to a minimum on such walkways, shall be located and designed to promote safety, and shall be appropriately marked and otherwise safeguarded.

(9)

Protection of visibility for automotive traffic, cyclists and pedestrians. Protection of visibility for automotive traffic, cyclists and pedestrians shall be as provided in section 16-19A.006(3) above.

(Code 1977, § 16-19A.006; Ord. No. 2019-09(18-O-1581), § 10.18, 1-31-19)