The intent of establishing the regulations for the Druid Hills Landmark District is as follows:

(1)

To recognize the masterpiece of design that is the 1893 plan for Druid Hills created for Joel Hurt's "ideal residential suburb" by Frederick Law Olmsted, the father of American landscape architecture, a plan subsequently formalized by his sons, the Olmsted Brothers, and completed by the Druid Hills Corporation.

(2)

To preserve the environmental character and physical appearance of the area, including parkways, houses and buildings created during the 1895 to 1941 period of development; existing general landscaping features; and existing spatial relationships between the buildings and streets and to ensure that any new development is compatible with the present architectural and spatial attributes that prevail.

(3)

To preserve the residential character of the area except when nonresidential uses may be required to preserve houses and buildings built during the historically significant period of development and to ensure that redevelopment reflects and reinforces the exceptional features established in the original planning.

(4)

To ensure that new construction observes the general setback and height restrictions of the original development and is in harmony with the historic character of the district.

(5)

To ascribe special recognition to the manner in which the several churches contribute so substantially to the beauty of the district.

(Ord. No. 2015-58(15-O-1417), § 1(Att. A), 11-25-15)

The Druid Hills Landmark District is divided into three subareas for regulatory purposes. The three subareas are as follows:

(1)

The Ponce de Leon Corridor.

(2)

Fairview Road.

(3)

Springdale Road/Oakdale Road/Lullwater Road/Lullwater Parkway.

(4)

Emory University.

(Ord. No. 2015-58(15-O-1417), § 1(Att. A), 11-25-15; Ord. No. 2017-80(17-O-1422), § 1, 12-13-17)

The following general regulations shall apply to the entire district which includes the following subareas: (1) the Ponce de Leon Corridor; (2) Fairview Road; (3) Springdale Road/Oakdale Road/Lullwater Road/Lullwater Parkway and (4) Emory University. Any proposed development, new construction, addition, alteration, or demolition shall require a certificate of appropriateness as noted below and shall conform to the following regulations:

(1)

General standards. In the Druid Hills Landmark District, the Commission shall apply the following general standards only if the standards set forth elsewhere in this chapter 20B do not specifically address the application:

(a)

A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

(b)

The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.

(c)

Each property shall be recognized as a physical record of its time, place, and use. Changes shall not be undertaken that create a false sense of historical development, such as adding conjectural features or elements from other historic properties.

(d)

Changes to a property that have acquired historic significance in their own right shall be retained and preserved.

(e)

Distinctive materials, features, finishes, and construction techniques, or examples of craftsmanship that characterize a property, shall be preserved.

(f)

Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, texture, and, where possible, materials.

(g)

Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

(h)

Archaeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.

(i)

New additions, exterior alterations, or related new construction, shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work may be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

(j)

New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(2)

Certificates of appropriateness.

(a)

Except as otherwise provided herein, the procedures for determining the correct type of certificate of appropriateness shall be those specified in section 16-20.008 of the Zoning Ordinance.

(b)

Notwithstanding any other provision herein, no certificate of appropriateness shall be required unless, at a minimum, the work would otherwise require a building permit.

(c)

No certificate of appropriateness shall be required for the removal of dead, dying, or hazardous tree as defined in the City of Atlanta Tree Ordinance or a tree with a diameter breast height of less than six inches.

(d)

Type I certificates of appropriateness shall be reviewed and decided by the Director of the Commission and are required for the following:

(i)

In-kind repair or replacement of roofing material, and in-kind repair of driveways, walkways, other similar paving, windows, and exterior doors.

(e)

The following Type II certificates of appropriateness shall be reviewed and decided by the director of the commission and shall be required for new paving not visible from the public right-of-way, fences, walls, and retaining walls.

If a Type II certificate of appropriateness is required and the proposed alteration meets the requirements of this chapter, as applicable, and other criteria applicable to Type II certificates, the director of the commission shall issue the Type II certificate within 14 days of receipt of the completed application. If a Type II certificate of appropriateness is required and the proposed alteration does not meet the requirements of this chapter, as applicable, the director of the commission shall deny the application with notice to the applicant within 14 days of receipt of the completed application. Appeals from any such decision of the director regarding the approval and/or denial of Type II certificates may be taken by any aggrieved person by filing an appeal in the manner prescribed in the appeals section of chapter 16-20.008(a) for Type I certificates.

(f)

The following Type II certificates of appropriateness shall be reviewed and decided by the commission and shall be required for the following:

(i)

Any alteration to any façade of any principal structure or accessory structure and all site work, except as noted in section 16-20B.003(2)(b), (c), (d), and (e) above.

(ii)

Clearance or removal of any tree with a diameter breast height of six inches or greater, except as noted in subsection (2)(c) above, and shrub massings or hedges over three feet high.

(iii)

Any major alteration in the landscape or topography which is visible from the public right-of-way.

(g)

Type III certificates of appropriateness shall be reviewed and decided by the commission and shall be required for:

(i)

All new principal structures.

(ii)

All additions to existing principal structures and accessory buildings, including decks.

(iii)

All new accessory structures.

(iv)

Subdivision, aggregation, consolidation or replatting of lots.

(v)

The conversion of any existing building to a nonresidential permitted principal use or use permitted by special use permit.

(h)

Type IV certificates of appropriateness shall be reviewed and decided by the commission and shall be required for the demolition or moving of any contributing principal structure or contributing accessory building. A partial demolition of a contributing principal structure or contributing accessory building shall require a Type IV certificate of appropriateness only when said partial demolition will result in the loss of significant architectural features that destroys the structure's or buildings historic interpretability or importance.

(3)

Minimum off-street parking requirements:

a.

Off-street parking spaces shall not be permitted in any front yard or within 50 feet of the public right-of-way in any half-depth front yard, except for yards adjacent to Moreland Avenue, where a 60-foot limit shall apply. For the purpose of this regulation, the front yard shall be that area between the public right-of-way and the forward line of the principal structure.

b.

No off-street parking shall be located within 20 feet of any lot line.

c.

Number of off-street parking spaces required:

1.

For single-family, two-family, and multiple-family dwellings: Two spaces for each dwelling unit.

2.

For other permitted uses: As indicated in section 16-10.009.

(4)

Minimum landscape requirements: The overall quality of the landscaped area visible from public right-of-ways should be preserved as an integral part of the historic character of the District. Any major alteration to the landscape or topography visible from the public right-of-way in the District shall maintain the general landscaping scale and character reflected in the original development of Druid Hills in order to preserve the historic landscape character of the District. Any major alteration to the landscape or topography visible from the public right-of-way shall:

(a)

Follow the standards set forth in 16-20B.003(1);

(b)

Be consistent and compatible with the overall landscape plan and design on the property and block;

(c)

Maintain the spatial organization of an open space in front of the house, asymmetrical plantings on the sides of the principal structure and a rear tree canopy;

(d)

Not excessively or unnecessarily alter the natural topography of the site, with the exception of grading necessary to protect and preserve the integrity of a structure;

(e)

Ensure that any new grades shall meet the existing topography in a smooth transition;

(f)

Retain any existing historic circulation systems, including driveways, walkways and paths;

(g)

Ensure that any new circulation systems and substantial reconstruction of existing circulation systems is consistent and compatible with the existing circulation systems on the property and block with respect to layout, scale, materials, and topographic siting;

(h)

Ensure that any off-street parking be constructed of a material which will assure a surface resistant to erosion, have adequate access to a public street and have adequate circulation space; and

(i)

Comply with the provisions of the City of Atlanta Tree Ordinance with the following exceptions:

i.

When the removal of trees is permitted by the commission, each tree removed shall be replaced with a tree of an appropriate species having a minimum caliper of two-and-one-half inches; and

ii.

Taking into account the site density and tree spacing regulations of the City of Atlanta Tree Ordinance, any replacement trees and placement of said trees shall comply with (a)—(g) above.

iii.

Compliance with (i) above shall not eliminate any additional recompense or tree replacement that otherwise may be required by the City of Atlanta Tree Ordinance.

(5)

Minimum drainage controls: Structures shall be located so as to preserve the natural terrain of the district. Proper drainageways shall be provided to prevent increased water runoff and erosion, siltation of streams or flooding of property as required by the department transportation.

(a)

No structure shall be permitted within any 100-year floodplain.

(b)

No single-family structure shall be constructed on natural slopes greater than 25 percent.

(c)

No structure other than single-family shall be permitted on slopes greater than 15 percent.

(6)

Minimum architectural controls: Any new construction, additions, renovations or alterations in the District shall maintain the general architectural scale and character reflected in the original development of Druid Hills in order to preserve the historic character of the district and shall follow the standards set forth by section 16-20B.003(1).

(7)

Fences, walls and retaining walls: Subject to the provisions of section 16-28.008(5) and the following limitations:

(a)

Fences and walls are not permitted in the front yard, yards adjacent to public streets, or between any principal structure and a public street.

(b)

Fences and walls not exceeding six feet in height may be erected in the side or rear yard.

(c)

Fences and walls shall be constructed of vertical iron pickets, brick, stucco, vertical wood pickets, or coated chain link.

(d)

The front facing portion of fences shall be no less than 40% open.

(e)

Retaining walls are allowed if existing on the block face. Such retaining walls shall be no taller than the existing retaining walls on the block face or the minimum height required to retain the adjacent grades. All retaining walls shall be faced with brick, stone or stucco.

(8)

Subdivisions, aggregations, consolidations and replats. The platting pattern of the Druid Hills Landmark District is an integral, defining, and essential part of the historic character of the District. In addition to the requirements of the subdivision and zoning ordinances, including but not limited to sections 15-08.002(a)(2) and 15-08.005(d)(6), no subdivision, aggregation, consolidation or replat shall be approved unless the commission finds:

a.

The proposed subdivision, aggregation, consolidation or replat conforms to the platting pattern in the Druid Hills Landmark District with regard to lot size, dimensions, orientation, and configurations as it existed in 1982, as documented in maps attached to the 1982 designation of the Druid Hills Landmark District, and maps attached to the 2001 Druid Hills Landmark District expansion; and

b.

The resulting lot(s) are so laid out that any existing structures meet the District regulations and that any new structures can be situated and constructed upon such lots to meet the District regulations.

(9)

Contributing/non-contributing property list.

a.

All contributing buildings, structures or sites within the District shall be shown on the List adopted herewith entitled "Druid Hills Landmark District—Street Address Range and C/NC Property Determination List" (List). Said List shall identify each building, structure or site within the District that meets the definition of "Contributing Building, Structure or Site" set forth in section 16-20.002.

b.

The director shall periodically review said List to correct errors or omissions to said List, or to reflect any changed conditions relevant to the contributing status of buildings, structures or sites within the district, consistent with the requirements of Chapter 20B and Chapter 20 of Part 16, and shall maintain public records of said List and all such errors, omissions or updates. An action by the director to correct such errors or omissions, or to make updates, shall be initiated by execution of a signed and dated form promulgated by the director specifying the action initiated, the reason(s) for such action, and the identification of all property subject to said action. Said form shall be mailed by first class mail to the owner or owners of the affected property within five calendar days of the initiation of the action by the director.

c.

An action by the director to correct errors or omissions, or to update, the List as authorized in subsection 16-20B.003(9)(a) above shall result in the immediate prohibition of any new or amended applications of any kind affecting such property, including but not limited to demolition requests, building permits or land disturbance permits, and including acceptance of any such application or request by any City of Atlanta department, agency, official, employee or agent. Said prohibitions shall become automatically effective without further action of any kind immediately upon the date and time that the director takes an action authorized in subsection 16-20B.003(9)(b) above. The purpose and intent of this provision is to maintain the status quo regarding any such affected property until the director's action is reviewed and affirmed or reversed by the commission in the manner specified in subsection 16-20B.003(9)(d) below. The period of this mandatory interim protection shall be 90 days or until a final decision reviewing such action is made by the commission, whichever first occurs, commencing on the date and time of the director's decision. This interim control period allows and is based upon approximately 30 days for the initial scheduling of the public hearing following the director's action and approximately 60 days for completion of the public hearing and a final decision by the commission.

d.

All actions by the director to correct errors or omissions, or to update, said List shall be reviewed and approved by the commission using the notice and procedures required for Type III certificates of appropriateness with the following modifications:

i.

Hearings on such review and approval by the commission shall be scheduled by the director within 30 days of the director's action on such correction(s) or update(s) and shall be decided by the commission within a reasonable time; and

ii.

The commission shall affirm the action(s) of the director upon an expressed finding by the commission that the director's action(s) correctly applied the definitions and requirements for determining the contributing status of the properties in question in Chapter 20B and Chapter 20 of Part 16.

In exercising its review, the commission may reverse or affirm the action(s) of the director, wholly or partly. Appeals from a final decision by the commission on such reviews shall be taken by any person aggrieved by such decision pursuant to Code section 16-20.010.

(Ord. No. 2015-58(15-O-1417), § 1(Att. A), 11-25-15; Ord. No. 2017-80(17-O-1422), § 2, 12-13-17; Ord. No. 2020-33(20-O-1381), § 45, 6-23-20)

In addition to the general regulations required in section 16-20B.003, the following regulations shall apply to any new development or the conversion of any existing structures to permitted uses within the Ponce de Leon Corridor.

These regulations are intended to preserve the environmental character and the physical appearance of the corridor in order to encourage the continued use of the existing structures for residential use where feasible, and to assure that any nonresidential use which may be permitted for preservation purposes in existing structures is compatible with the historic character of the district as a whole.

(1)

Permitted principal uses and structures:

a.

Single-family dwelling and two-family dwelling.

b.

Multifamily dwellings as follows:

1.

The conversion of existing structures containing at least 1,600 square feet of total floor area and conformance with the following criteria:

(a)

Each dwelling unit contained within the existing structure shall be at least 750 square feet of floor area.

(b)

Such conversion may be made on a lot with yards or other open space of lesser dimensions than required herein for any new construction, but such conversion shall not increase the degree of nonconformity existing.

2.

The construction of new structures on either vacant parcels or as additional structures where the existing structure is proposed to remain, such additional construction shall conform to the development controls as so specified above and all other regulations of the District.

c.

Public and private schools through the secondary level.

d.

Parks, and playgrounds and community buildings owned and operated by a government agency,

e.

The following nonresidential uses upon a finding by the commission that such use of the existing structure is not incompatible with or detrimental to the residential character of the district. The conversion of any existing building for any permitted nonresidential use, where located adjacent to a residential use, may be conditioned upon the requirement of a suitable buffer by the commission.

1.

Religious facilities

2.

Libraries, museums and private, educational institutions.

3.

Private clubs on lots of ten acres or greater.

f.

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

(2)

Permitted accessory uses and structures: Uses and structures are permitted which are customarily incidental and subordinate to permitted uses and structures. These include but are not limited to the following, subject to limitations and requirements set forth herein or elsewhere in this chapter:

a.

Greenhouses, garden sheds, private garages and similar structures.

b.

Guest houses, servant quarters, or lodging facilities for caretakers or watchmen.

c.

Swimming pools, tennis courts and similar facilities.

d.

Home occupation, subject to limitations set forth in section 16-29.001(17).

e.

Structures necessary to support active construction projects on the same property.

f.

Except in the case of home occupation, no accessory use shall be of a commercial nature.

g.

Such structures shall be located to the rear of the principal structure and not within any required side or rear yards.

(3)

Special use permits: The following nonresidential uses may be granted a special use permit by the city council only upon a finding of the city council that: (a) such nonresidential use of the existing structure is not incompatible with or detrimental to the residential character of the district; and (b) that the structure, as it exists or as it is permitted to be modified under this chapter and the district regulations, can no longer feasibly be used as a residence; provided, however, the burden of proving that the structure can no longer feasibly be used as a residence shall be upon the applicant. The council considerations as to the feasibility of residential use shall include, but not be limited to, the original purchase price of the property, the year it was purchased, the asking price for the property, the length of time the property has been on the residential market, the efforts which have been made by the applicant to sell the property for residential use, the number of persons expressing an interest in purchasing the property, any repairs that may be necessary to the structure, and recent sales of similar properties in the vicinity.

a.

Offices with no more than one person for each 300 square feet of floor area within an existing or altered structure.

(4)

Area regulations; subdivision of lots: The minimum size lot resulting from subdivision shall be not less than 20,000 square feet except for zero-lot-line subdivisions.

a.

Minimum lot width: Each lot shall have a minimum width of 135 feet as measured along its frontage.

b.

Lot area:

1.

Single-family dwellings: Each lot shall contain a lot area of not less than 20,000 square feet.

2.

Two-family dwellings: Each lot shall contain a lot area of not less than 25,000 square feet.

3.

Multifamily dwelling: Each lot shall contain a minimum lot area of not less than 3,600 square feet per dwelling unit.

(5)

Lot coverage:

a.

For single-family and two-family dwellings: No more than 35 percent of the lot may be covered by structures, parking and driveways.

b.

For multifamily uses: Shall be computed as for R-G, Chapter 8, Table 1, Land Use Intensity Ratios.

c.

For all other permitted uses: No more than 45 percent of the lot may be covered by structures, parking and driveways.

(6)

Minimum yard and development requirements:

a.

Setbacks:

1.

South side of Ponce de Leon beginning at the east side of Moreland Avenue to the Springdale intersection, except for gateway property at the east corner of Ponce de Leon and Moreland, which shall maintain its existing setbacks:

Front yard: 80 feet.

Side yards:

Single-family: 20 feet.

Two-family: 25 feet.

Multifamily: 30 feet.

Other use: 30 feet.

At public street:

At Moreland: 60 feet.

At Springdale: 50 feet.

Rear yard: 35 feet.

2.

South side of Ponce de Leon beginning at west side of Springdale intersection to the Oakdale intersection:

Front yard: 83 feet.

Side yards:

Single-family: 20 feet.

Two-family: 25 feet.

Multifamily: 30 feet.

Other use: 30 feet.

At public street: 50 feet.

Rear yard: 35 feet.

3.

South side of Ponce de Leon beginning west side of Oakdale intersection to the Fairview intersection:

Front yard: 79 feet.

Side yards:

Single-family: 20 feet.

Two-family: 25 feet.

Multifamily: 30 feet.

Other use: 30 feet.

At public street: 50 feet.

Rear yard: 35 feet.

4.

South side of Ponce de Leon, Fairview Road NE to Atlanta city limits:

Front yard: 168 feet.

Side yards:

Single-family: 20 feet.

Two-family: 25 feet.

Multifamily: 30 feet.

Other use: 50 feet.

At public street: 50 feet.

Rear yard: 35 feet.

5.

North side of Ponce de Leon; Briarcliff Road, NE, to Springdale intersection except for gateway property at northeast corner of Briarcliff which shall maintain its existing setbacks:

Front yard: 132 feet.

Side yards: 30 feet plus five feet for each additional story above two. At public street intersections, side yard setback shall be 50 feet.

Rear yard: 35 feet.

6.

North side of Ponce de Leon; Springdale Road, to Oakdale:

Front yard: 119 feet.

Side yards: 30 feet plus five feet for each additional story above two. At public street intersections, side yard setback shall be 50 feet.

Rear yard: 35 feet.

7.

North side of Ponce de Leon; Oakdale Road, NE, to Lullwater intersection:

Front yard: 149 feet.

Side yards: 30 feet plus five feet for each additional story above two. At public street intersections, side yard setback shall be 50 feet.

Rear yard: 35 feet.

8.

North side of Ponce de Leon; Lullwater Road NE to Atlanta city limits:

Front yard: 129 feet.

Side yards: 30 feet plus five feet for each additional story above two. At public street intersections, side yard setback shall be 50 feet.

Rear yard: 35 feet.

b.

Open space and space between buildings: Same as R-G, see chapters 8 and 28.

c.

Maximum height: No building shall exceed 45 feet in height.

d.

Off-street parking may be located within ten feet of side and rear yard lines upon approval of the commission. Such approval shall be conditioned upon adequate buffering and screening. No parking in required yards will be allowed where such yards adjoin public rights-of-way.

(Ord. No. 2015-58(15-O-1417), § 1(Att. A), 11-25-15; Ord. No. 2021-60(21-O-0682), § 52, 12-15-21)

The following regulations shall apply to any proposed development on any property located on Fairview Road:

(1)

Permitted principal uses and structures:

a.

Single-family dwellings.

b.

Parks, playgrounds and community buildings owned and operated by a governmental agency.

c.

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

(2)

Permitted accessory uses and structures: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, including but not limited to the following, subject to limitations and requirements set forth herein or elsewhere in this chapter:

a.

Greenhouse, fallout shelter, garden shed, private garage, storage room.

b.

Guest house, servants quarters, dwelling or lodging facilities for caretaker or watchman.

c.

Swimming pool and accessory buildings, tennis courts and the like not less than 25 feet from side or rear lot line.

d.

Home occupations.

(3)

Minimum lot requirements:

a.

Lot width: Each lot shall have a minimum lot width of 100 feet as measured along its frontage.

b.

Lot area: Each lot shall contain a minimum lot area of 18,000 square feet.

(4)

Lot coverage: Lot coverage for all structures, parking and driveways shall not exceed 35 percent of the lot area.

(5)

Minimum yard requirements:

a.

Setbacks:

1.

North side, Moreland Avenue to Springdale Road, NE:

Front yard: 65 feet.

Side yards: 20 feet.

Rear yard: 50 feet.

2.

North side, Springdale Road to Oakdale Road, NE:

Front yard: 90 feet.

Side yards: 25 feet.

Rear yard: 100 feet.

3.

North side, Oakdale Road to the east end of Fairview Road, NE:

Front yard: 73 feet.

Side yards: 25 feet.

Rear yard: 40 feet.

4.

South side, Moreland Avenue to the eastern side property line of 1281 Fairview Road, NE:

Front yard: 59 feet.

Side yards: 20 feet.

Rear yard: 35 feet.

5.

South side, eastern side property line of 1281 Fairview Road, NE:

Front yard: 59 feet.

Side yards: 20 feet.

Rear yard: 100 feet.

6.

South side, Oakdale road to east end of Fairview Road, NE:

Front yard: 50 feet.

Side yards: 25 feet.

Rear yard: 100 feet.

(6)

Maximum height: No building shall exceed a height of 35 feet.

(Ord. No. 2015-58(15-O-1417), § 1(Att. A), 11-25-15; Ord. No. 2021-60(21-O-0682), § 53, 12-15-21)

The following regulations shall apply to any proposed development on any property located on Springdale Road, Oakdale Road, Lullwater Road or Lullwater Parkway:

(1)

Permitted principal uses and structures:

a.

Single-family dwellings.

b.

Parks, playgrounds and community buildings owned and operated by a governmental agency.

c.

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

(2)

Permitted accessory uses and structures: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, including but not limited to the following, subject to limitations and requirements set forth herein or elsewhere in this chapter:

a.

Greenhouse, fallout shelter, garden shed, private garage, storage room.

b.

Guest house, servants quarters, dwelling or lodging facilities for caretaker or watchman.

c.

Swimming pool and accessory buildings, tennis courts and the like not less than 25 feet from side or rear lot line.

d.

Home occupations.

(3)

Minimum lot requirements:

a.

Lot width: Each lot shall have a minimum lot width of 100 feet as measured along its frontage.

b.

Lot area: Each lot shall contain a minimum lot area of 38,000 square feet.

(4)

Lot coverage: Lot coverage for all structures, parking and driveways shall not exceed 35 percent of the lot area.

(5)

Minimum yard requirements:

a.

Setbacks:

1.

West side of Springdale Road, Ponce de Leon Avenue to city limit:

Front yard: 120 feet.

Side yards: 25 feet.

Rear yard: 50 feet.

2.

East side of Springdale Road, Ponce de Leon Avenue to city limit:

Front yard: 100 feet.

Side yards: 25 feet.

Rear yard: 100 feet.

3.

West side of Oakdale Road, Ponce de Leon Avenue to city limit:

Front yard: 110 feet.

Side yards: 20 feet.

Rear yard: 100 feet.

4.

East side of Oakdale Road, Ponce de Leon Avenue to city limit:

Front yard: 110 feet.

Side yards: 20 feet.

Rear yard: 100 feet.

5.

West side of Lullwater Road, Ponce de Leon Avenue to city limit:

Front yard: 125 feet.

Side yards: 25 feet.

Rear yards: 100 feet.

6.

East side of Lullwater Road, Ponce de Leon Avenue to city limit:

Front yard: 75 feet.

Side yards: 20 feet.

Rear yards: 50 feet.

7.

East side of Lullwater Parkway, to city limit:

Front yard: 140 feet.

Side yards: 25 feet.

Rear yards: 100 feet.

8.

East side of Lullwater Parkway, to city limit:

Lullwater Conservation Garden

(6)

Maximum height: No building shall exceed a height of 35 feet.

(Ord. No. 2015-58(15-O-1417), § 1(Att. A), 11-25-15; Ord. No. 2021-60(21-O-0682), § 54, 12-15-21)

When an application, including plans, has been filed or when a building permit has been issued, prior to the effective date of this chapter, or an amendment, nothing contained shall require any changes in the plans, construction, size or designated use of a building, structure or part thereof if construction under such plans or permit is begun within 180 days of the effective date of this chapter. Where there are changes required under this chapter or an amendment thereto, failure to begin construction within 180 days, or discontinuance of construction for 180 days, shall have the effect of voiding the permit. In such case, a new permit shall be required, which shall be governed by regulations currently in effect.

The following regulations shall apply to any proposed development on any property located in the Emory University Subarea:

(1)

Permitted principal uses and structures:

a.

Parks, playgrounds, active and passive recreation facilities, and associated buildings owned and operated by a governmental agency or private university.

b.

Single-family residence consistent with the R-4 zoning district standards.

c.

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

(2)

Permitted accessory uses and structures: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures.

(3)

Minimum lot requirements:

a.

Lot width: 70 feet.

b.

Lot area: 9,000 square feet.

(4)

Lot coverage: Lot coverage for all structures, parking and driveways shall not exceed 35 percent of the lot area.

(5)

Minimum yard requirements:

a.

Distance to public street frontage: 35 feet.

b.

Side yards: 7 feet.

c.

Rear yard: 15 feet.

(6)

Maximum height: No building shall exceed a height of 35 feet.

(Ord. No. 2015-58(15-O-1417), § 1(Att. A), 11-25-15; Ord. No. 2017-80(17-O-1422), § 3, 12-13-17; Ord. No. 2021-60(21-O-0682), § 55, 12-15-21)