1.

To ensure that redevelopment and rehabilitation of the Landmark District will contribute to and enhance the particular significance of the area in which one of Atlanta's most renowned citizens, Martin Luther King, Jr., was born and grew to international prominence;

2.

To ensure that those individual buildings of particular significance to the life and legacy of Martin Luther King, Jr. will be preserved and enhanced within the landmark district;

3.

To preserve the environmental character and physical appearance of the area, including residential, commercial and institutional structures that were built during the late 19th Century and that were present during the life of Martin Luther King, Jr.;

4.

To preserve the existing spatial relationships where significant and to ensure that any new development within the landmark district is compatible with the historic architectural and spatial attributes that prevail;

5.

To encourage the preservation of the Martin Luther King, Jr. Landmark District in such a way as to reflect and reinforce the historic neighborhood character and the unique historical relationship between the surrounding residential uses and the commercial uses, and the unique historical relationship between the commercial uses and the rest of the city;

6.

To provide for review of changes to street and lot patterns so as to achieve substantial consistency with the historic character of the landmark district while encouraging compatible new development;

7.

To ensure that new development is complementary to and compatible with the existing historic structures in the landmark district;

8.

To encourage compatible economic development, neighborhood revitalization, and promote the health, safety, and welfare of the landmark district's residents;

9.

To promote pedestrian safety by ensuring and revitalizing pedestrian-oriented buildings which create a sense of activity and liveliness along their sidewalk-level façades;

10.

To facilitate safe, pleasant and convenient sidewalk-level pedestrian circulation that minimizes impediments by vehicles;

11.

To prevent the displacement of residents and to encourage affordable and equitable housing; and

12.

To encourage the use of the Atlanta Streetcar, MARTA and other public transit facilities.

(Ord. No. 2014-21(14-O-1118), § 1(Attach. A), 6-11-14)

The scope of the regulations for the Martin Luther King, Jr. Landmark District is as follows:

1.

Except where it is otherwise explicitly provided, the provisions of Chapter 20 of this part shall apply to this district. Whenever the regulations of Chapter 20C conflict with the provisions of Chapter 20, the regulations of Chapter 20C shall apply.

2.

All other statutes, rules, regulations, ordinances, or other governmentally adopted regulations pertaining to properties within the Martin Luther King, Jr. Landmark District shall continue to apply. In the event of any conflict between said other regulations and the following regulations of Chapter 20C, the interpretation provision set forth in section 16-20.011(c) of the Code of Ordinances shall govern.

(Ord. No. 2014-21(14-O-1118), § 1(Attach. A), 6-11-14)

The boundaries of the Martin Luther King, Jr. Landmark District shall be as shown on the official zoning map adopted herewith entitled "Martin Luther King, Jr. Landmark District". The district is divided into five subareas, delineated on said map, as follows:

1.

Auburn Avenue Residential District, Subarea 1.

2.

Residential District, Subarea 2.

3.

Institutional District, Subarea 3.

4.

Auburn and Edgewood Avenues Commercial District, Subarea 4.

5.

Transitional Zone, Subarea 5.

(Ord. No. 2014-21(14-O-1118), § 1(Attach. A), 6-11-14)

The following general regulations shall apply to all properties within the Martin Luther King, Jr. Landmark District, except where otherwise stated.

1.

General criteria. The commission shall apply the standards set forth below only when the standards set forth elsewhere in Chapter 20C do not specifically address the application in whole or in part:

a.

A property shall be used for its historic purpose or be placed in a new use authorized in section 16-20C.005 using minimal change to the defining characteristics of the building and its site and environment.

b.

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

c.

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

d.

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

e.

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

f.

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

g.

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

h.

Significant archeological resources affected by a project shall be protected and preserved. 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 that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic 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.

The compatibility rule.

a.

Block definitions. The following words and terms, when used in this chapter, shall have the meanings ascribed to them in this section:

i.

Block. An area of land located within a continuous perimeter of public streets. An individual block shall begin at the back edge of curb of the adjacent street. Interstate 75/85, when no intervening street exists, shall be permitted to count as an adjacent street for purposes of meeting this definition, beginning at the edge of the adjacent 75/85 right-of-way.

ii.

Block face. One side of a block, located between two consecutive street intersections.

b.

The intent of these regulations is to ensure that alterations to existing structures and new construction are compatible with the massing, size, scale, and architectural features of each subarea and of the immediately adjacent environment of a particular block or block face. To further that intent and simultaneously retain flexibility, the regulations provide a "compatibility rule" which is: The element in question, such as roof form or architectural trim, shall match that which predominates:

i.

On contributing buildings of like use along the same block face in Subareas 1 and 2.

ii.

On contributing buildings on the same block in Subareas 3 and 4.

c.

Where quantifiable, such as building height or floor height, the element shall be no smaller than the smallest or larger than the largest such dimension of the contributing building(s) along the same block face in Subareas 1 and 2 and on individual blocks in Subareas 3 and 4.

d.

Those elements to which the compatibility rule applies are specified in these regulations by reference to "compatibility rule."

e.

Building height shall be measured on the front elevation from the average point of grade on the front elevation to the highest point of the roof or façade, whichever is higher.

f.

For new construction of single-family or two-family dwellings, the final average finished grade of the lot shall be no higher than the highest grade level existing prior to such construction or related land disturbance at any point along the front yard property line adjacent to the public right-of-way. The intent and purpose of this grade provision is to prevent manipulation of grade levels in order to construct a taller dwelling than would otherwise be authorized.

g.

Whenever individual block faces in Subareas 1 and 2 or individual blocks in Subareas 3 and 4 are void of contributing structures, the contributing structures located on the opposing block face shall be utilized for purposes of adhering to compatibility rule provisions. If the opposing block face is void of contributing structures, the contributing structures on the nearest block face along the same street frontage shall be utilized.

h.

Urban gardens.

i.

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

3.

Certificates of appropriateness.

a.

General provisions.

i.

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

ii.

No certificate of appropriateness shall be required unless, at a minimum, the work would otherwise require a building permit.

iii.

No certificate of appropriateness shall be required to repaint any structure or portion thereof, or, to make ordinary repairs and maintenance using in-kind materials.

iv.

No certificates of appropriateness shall be required for demolition or moving of non-contributing structures.

b.

Type II certificates of appropriateness.

i.

Type II certificates reviewed by the director. The following shall require a Type II certificate of appropriateness, and shall be reviewed by the director of the commission:

(1)

Fences, walls and retaining walls;

(2)

Decks, skylights, solar panels, mechanical equipment and where authorized, antennas and related equipment;

(3)

New accessory structures and alterations to existing accessory structures;

(4)

Shutters and awnings;

(5)

Security doors and window grates;

(6)

Replacement of elements that otherwise meet the regulations including but not limited to siding, windows, porch railings, porch columns, porch flooring, and exterior doors; and

(7)

Paving intended for pedestrians including sidewalks, walkways, paths and porches.

(8)

Repair to original or historic decorative mosaic signage and treatments in sidewalks, recessed entrances to buildings, or at the edges of storefronts.

If such Type II certificates of appropriateness meet the requirements of this chapter and other criteria applicable to Type II certificates the director shall issue the Type II certificate within 14 days of receipt of the completed application. If such Type II certificates of appropriateness do not meet the requirements of this chapter and such other criteria, the director shall deny the application, with notice to the applicant, within 14 days of receipt of the completed application. Appeals from the decision of the director either approving or denying such 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.

ii.

Type II certificates reviewed by the commission. All required Type II certificates of appropriateness not listed above shall be reviewed by the commission. In addition, the following shall be reviewed by the commission as a Type II certificate of appropriateness:

(1)

Alterations to any façade of any principal structure; and

(2)

All site work, except as noted in section 16-20C.004(3)(b)(i)(7) and (8).

c.

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

i.

All new principal structures;

ii.

Additions;

iii.

Height or building footprint revisions to previously approved plans that are yet to be constructed;

iv.

Lot consolidations, subdivisions and replatting; and

v.

Variances, special exceptions and administrative appeals.

d.

Type IV certificates of appropriateness.

i.

Type IV certificates of appropriateness shall be reviewed by the commission and shall be required for the demolition or moving of any contributing structure.

ii.

A partial demolition of a contributing structure 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 historic or cultural interpretability or importance.

4.

Contributing buildings list.

a.

All contributing buildings, structures or sites within the district shall be shown on the list adopted herewith entitled "Martin Luther King, Jr. Landmark district contributing buildings list." Said contributing buildings list shall identify each building, structure or site within Subareas 1, 2, 3, 4 and 5 of 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 contributing buildings 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 20C 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 effected 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 contributing buildings list as authorized in subsection 16-20C.004(4)(b) above shall result in the immediate prohibition of any new or amended applications of any kind effecting 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 bureau, 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 16-20C.004(4)(b) above. The purpose and intent of this provision is to maintain the status quo regarding any such effected property until the director's action is reviewed and affirmed or reversed by the commission in the manner specified in subsection 16-20C.004(4)(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 20C 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.

5.

Transitional Zone: Subarea 5.

a.

The existing zoning map and regulations governing all properties within the Transitional Zone (Subarea 5) of the district shall remain in full force and effect. The regulations set forth herein and in Code section 16-28A.010 (Signs) that pertain to the Transitional Zone (Subarea 5) shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations.

b.

Applications for rezonings, special use permits and special exceptions within the Transitional Zone (Subarea 5) shall be reviewed and commented upon by the commission. Applications for building permits, special administrative permits, variances, subdivisions, replats or lot consolidations within the Transitional Zone (Subarea 5) shall be reviewed and commented upon by the director.

c.

These regulations are intended to control through a review and comment procedure the potential for adverse impact resulting from development and redevelopment in the periphery of Subareas 1, 2, 3 and 4 of the district.

6.

Financial hardship exemptions.

a.

These regulations set forth a minimum standard of architectural compatibility with the rest of the district. However, in order to balance with other equally important objectives in the district, including economic development, neighborhood revitalization, and prevention of displacement of residents, the commission may allow reasonable exemptions from these regulations on the ground of economic hardship to the property owner.

b.

In order to qualify for an economic hardship exemption, the applicant(s) must first make a showing that the alteration(s) requested is necessary in order to continue utilizing the structure for its intended purposes.

c.

If the commission finds that the requirement of subsection (6)(b) herein is satisfied, they may grant an exemption, in whole or in part, only in accordance with each of the following factors, standards and criteria:

i.

The burden of proof that the regulations and guidelines pose such a hardship shall be on the property owner.

ii.

The commission shall consider the following factors in determining whether an economic hardship exemption in whole or in part will be granted:

(1)

The present and future income of the property owner(s) and those occupying the property;

(2)

The availability, at present or in the future, or other sources of income of revenue, including loans, grants, and tax abatements;

(3)

The costs associated with adherence to the district regulations in comparison to the costs associated with achieving the same proposal without the district regulations;

(4)

The degree of existing architectural importance and integrity of the structure; and

(5)

The purpose and intent of this chapter.

iii.

The commission shall balance these factors as applied to the applicant for said exemption and shall grant said exemption, in whole or in part, as appropriate to the case upon a finding that the economic hardship to the applicant is significant and substantially outweighs the need for strict adherence to these regulations. 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.

7.

Lot consolidations, subdivisions and replatting. No subdivision, consolidation or replatting of parcels or lots shall be approved unless the applicant establishes:

a.

That the proposed subdivision, consolidation or replat is substantially consistent with the historic character of the district and meets all lot requirements set forth in Chapter 20C; and

b.

That the proposed subdivision, consolidation or replat will facilitate development that furthers the historic qualities and regulations of the district. In addition, within Subareas 1 and 2, all subdivisions, consolidations or replats of parcels or lots shall conform to the historic platting pattern in these subareas with regard to lot size, dimensions, and configurations.

8.

Variances, special exceptions and administrative appeals.

a.

Variance applications and applications for special exceptions and administrative appeals from these regulations shall be heard by the commission. The commission shall have the authority to grant or deny variances from the provisions of this chapter pursuant to the procedures, standards, and criteria specified in section 16-26.001 through section 16-26.006. The commission shall have the authority to grant or deny applications for special exceptions from the provisions of this chapter pursuant to the procedures, standards and criteria specified in section 16-25.001 through section 16.25.005. The commission shall have the authority to grant or deny applications for administrative appeal pursuant to the standards in section 16-30.010 (a) through (d).

b.

Appeals from final decisions of the commission regarding variances, special exceptions and administrative appeals shall be as provided for in section 16-20.010.

9.

Prohibited variances. Notwithstanding any provision in this chapter or part to the contrary, no variance from this chapter's maximum building height requirements shall be permitted or authorized by the commission, commission staff or any other board, official or entity.

10.

Time period of historical significance. Where referenced in this chapter, the time period of historical significance for the district shall be the lifetime of Martin Luther King, Jr. (1929—1968).

11.

Special permits: The following uses shall require a special permit of the type indicated to be granted by the director of the commission with the applicable provisions of Chapter 25 of this part.

a)

Special administrative permits:

1)

Urban gardens as a principal use on an undeveloped lot.

(Ord. No. 2014-21(14-O-1118), § 1(Attach. A), 6-11-14; Ord. No. 2014-22(14-O-1092), §§ 2-PP-i, 2-PP-ii, 6-11-14; Ord. No. 2024-14(23-O-1710), § 1, 5-15-24)

1.

Permitted principal uses and structures: The following permitted uses and restrictions apply to all Subareas within this District, except Subarea 5:

a.

The permitted principal uses and special permit uses set forth in Table 1: Martin Luther King Jr. Landmark District Table of Uses shall be permitted only as listed within each Subarea within said table of uses and only in the manner so listed.

b.

Permitted principal uses. A building or premises shall be used only for the principal uses indicated with a "P" in Table 1: Martin Luther King Jr. Landmark District Table of Uses, subject to further restrictions where noted.

c.

Special permits.

i.

Uses permissible only by special permit are subject to limitations and requirements set forth herein or elsewhere in this part, and are also subject to the applicable procedures and requirements set forth in section 16-25.001, et seq. Special use permits shall be required as indicated with "SUP" and shall be heard and decided by the city council. Special exception permits shall be required as indicated with "SEP" in Table 1: Martin Luther King Jr. Landmark District Table of Uses and shall be heard and decided by the commission. Special administrative permits shall be required as indicated with "SAP" in Table 1: Martin Luther King Jr. Landmark District Table of Uses and shall be reviewed by the director of the commission pursuant to the applicable provisions of Chapter 25 of this part.

ii.

The commission may condition any special exception on concerns regarding fencing, screening or other buffering, existence and/or location of lighting, hours of use, vehicular traffic congestion and such other matters as are reasonably required to ameliorate any potential negative impacts of the proposed facility on adjoining property owners. The commission may also recommend that such conditions be imposed for special use permits.

d.

Nonconforming uses: This section addresses permitted principal uses and structures within each subarea. Lawful nonconforming uses and structures shall be regulated pursuant to Chapter 24 of Part 16. Any alteration or addition to nonconforming uses or structures shall require an appropriate certificate of appropriateness by the commission.

e.

Prohibited uses.

i.

All uses marked with an "X" in Table 1: Martin Luther King Jr. Landmark District Table of Uses shall be prohibited in the subarea(s) identified unless otherwise authorized in subsection 16-20C.005(2) or (3) below. All uses not listed in Table 1: Martin Luther King Jr. Landmark District Table of Uses shall be prohibited in all district subareas unless otherwise authorized in subsection 16-20C.005(2) or (3) below.

ii.

No use or manner of operation shall be permitted which is obnoxious or offensive by reason of odor, smoke, noise, glare, fumes, gas, vibration, unusual danger of fire or explosion, emission of particulate matter, or interference with radio or television communication, or is otherwise incompatible with the character of the district and its relation to adjoining districts.

iii.

Use of heavy drop hammers, punch presses or other machinery, or processing methods creating an excessive noise or vibration is prohibited in this district, subject to the provisions in Chapter 74, Article IV, noise control.

2.

The following additional permitted principal use and structures provisions shall apply to Subareas 1 and 2.

a.

Previously-existing uses. Prohibited uses shall be permissible when granted a certificate of appropriateness by the commission upon its finding that such use can be shown by archived evidence or sworn affidavit(s) to either previously or currently exist on the proposed site and that such use will be of an intensity and type that is no greater than that which previously or currently existed and otherwise meets the district regulations.

b.

Bed and breakfast inns. Bed and breakfast inns as defined in section 16-29.001 shall be authorized provided they meet the following modifications when located in Subarea 2:

i.

The bed and breakfast use shall be located within a contributing building within Subarea 2 of this Landmark District.

ii.

Up to three rooms shall be available for guest stays.

iii.

The maximum length of stay shall not exceed ten consecutive days.

iv.

No independent kitchen facilities shall be authorized.

v.

No more than three such uses shall be authorized within the entire Subarea 2.

vi.

All bed and breakfast uses shall require a type iii certificate of appropriateness from the commission. The commission shall allow such use only after determining that each of the above criteria have been met, that all other applicable requirements of this district and Subarea 2 have been met, and that satisfactory provisions and arrangements have been made by the applicant for each of the following criteria, as applicable to each application:

(1)

Ingress and egress to the property and proposed structure or uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

(2)

Off-street parking and loading areas where required, with particular attention to the items in 1 above.

(3)

Refuse and service areas.

(4)

Appropriate buffering or screening to alleviate such potentially adverse effects as may be created by noise, glare, odor, lighting, signs or traffic congestion.

(5)

Hours and manner of operations.

(6)

Length of time regarding the duration of such certificate, if any, including any requirement that the certificate of appropriateness cease upon a change in ownership of the bed and breakfast.

c.

Irwin Street and Boulevard non-residential uses. The identified non-residential uses listed in Table 1: Martin Luther King Jr. Landmark District Table of Uses within Subarea 2 shall be authorized only when located within the Subarea 2 Limited Commercial Area as demarcated on Map Attachment "B" and provided they meet each of the following restrictions:

i.

Individual non-residential uses are limited to one such use per building, except that two or more non-residential uses may be located in a single building when the total floor area of the non-residential uses is 50 percent or less of all uses in the building.

ii.

Individual non-residential uses shall be further limited as follows:

(1)

Barber shops and beauty shops shall be limited to a total number of two such establishments within the entire Subarea 2. Manicure shops are prohibited as part of such uses.

(2)

Bars, private clubs, and nightclubs (as defined by Chapter 10. Alcoholic Beverages) shall be prohibited.

(3)

Pawn shops and tattoo and body piercing establishments shall be prohibited.

(4)

New construction within which such uses are located shall maintain the residential character and scale of the subarea as determined by the commission.

d.

Urban gardens.

e.

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

3.

The following additional permitted principal use and structures provisions shall apply to Subareas 3 and 4.

a.

Except as otherwise herein provided, no merchandise shall be stored other than that to be sold at retail on the premises; and no storage for such merchandise shall occupy more than 40 percent of the floor area on the premises. No off-premises storage of such merchandise shall be permitted in the district as either a principal or accessory use.

b.

Veterinary offices. Veterinary office and clinics shall keep animals in sound-proofed buildings, laboratories, and studios (authorized in Subarea 4 only).

c.

Park-for-hire surface parking lots. All park-for-hire surface parking lots shall require a special use permit that meets all of the following requirements:

i.

All requirements of section 16-20C.009(1);

ii.

All requirements of section 16-25.001 et seq.;

iii.

All special use permits granted for such use shall expire three years after the issuance of said permit. No property interests of any kind related to such use shall extend beyond said three-year permit period. All infrastructure related to the park for hire use, such as pay structures, attendant stands, pavement and parking striping, lot signs and so forth, shall be removed by the former SUP holder or owner within 30 days of the expiration of said SUP.

iv.

Properties that have been granted a special use permit for park-for-hire surface parking lots shall be prohibited from obtaining additional subsequent special use permits for such use following the expiration of the initial permit.

v.

Applicants shall submit an area parking analysis to document the need for such use. The area parking analysis shall demonstrate that the current inventory of publicly-accessible parking supply located within 2,000 linear feet of the proposed parking lot is insufficient for the active commercial uses located within the same area.

d.

All antennas, broadcast towers, line of sight communication devices, cell towers, other towers, antennas, and related equipment and structures, are prohibited in Subareas 3 and 4 except as follows:

i.

"Roof antennas" as defined and regulated in code section 16-25.002(3)(i)(iii) are authorized as noted in Subareas 3 and 4, provided a Type II certificate of appropriateness is granted and, as part of said certificate, the applicant demonstrates compliance with the criteria set forth in section 16-25.002(3)(i)(iv)(c) demonstrating that such roof antenna is necessary to provide adequate communication coverage under the requirements of the applicant's federal license.

ii.

In establishing necessity, the applicant must provide a radio frequency analysis or other engineering study demonstrating why the roof antenna is necessary. Economic considerations may not be used to establish necessity.

iii.

This provision shall not be interpreted to prohibit or interfere with requirements for collocations or modifications to existing antenna mandated by state law.

iv.

When the equipment regulated in this subsection is no longer in use, it shall be removed and all affected areas of the building shall be returned to its original condition.

e.

Active uses. Ground floor, sidewalk-level uses are further regulated in this district for the purposes of creating vibrant and pedestrian-oriented sidewalks and streets. Active uses, where provided, shall be serviced by plumbing, heating, and electricity and are limited to the residential uses and non-residential uses designated in Table 1: Martin Luther King Jr. Landmark District Table of Uses, except that the following non-residential uses shall not be considered as active uses:

i.

Drive-in and drive-through facilities.

ii.

Parking and driveways.

iii.

Accessory non-residential storage areas.

4.

Accessory uses and structures.

a.

The following accessory uses and structures provisions shall apply to Subareas 1 through 4.

i.

Accessory uses and structures shall be permitted in this district and shall include those customarily accessory and clearly incidental to permitted principal uses and structures, including accessory parking to serve authorized uses within the district and including devices for the generation of energy such as solar panels, and similar devices.

ii.

Active recreation facilities in any yard, required or other, adjacent to a street shall require a special exception from the commission, which special exception shall be granted only upon finding that:

(1)

The location will not be objectionable to occupants of neighboring property, or the neighborhood in general, by reason of noise, lights, or concentrations of persons or vehicular traffic;

(2)

The area for such activity could not reasonably be located elsewhere on the lot; and

(3)

The commission may further condition any special exception for such facilities based on concerns regarding fencing, screening or other buffering, existence and/or location of lighting, hours of use, and such other matters as are reasonably required to ameliorate any potential negative impacts of the proposed facility on adjoining property owners.

b.

The following additional accessory uses and structures provisions shall apply to Subareas 1 and 2.

i.

Accessory buildings and uses shall be permitted as specified in section 16-07.004 for single-family, two-family and authorized multiple-family property, subject to limitations and requirements set forth in this chapter or elsewhere in this part.

ii.

Requirements for accessory buildings:

(1)

Accessory buildings shall be constructed concurrent with or after construction of principal buildings.

(2)

Carports or garages serving a single-family or two-family dwelling unit shall be detached from and located to the rear of the principal structure.

(3)

The height of accessory buildings shall be a maximum of 20 feet, as measured from existing grade at such building's location.

(4)

Accessory buildings shall not cover more than 25 percent of the area of the rear yard.

(5)

Accessory buildings shall not contain a total floor area greater than 30 percent of the principal structure.

(6)

The minimum rear yard setback for accessory structures shall be five feet.

(7)

The minimum side yard setback for accessory structures shall be five feet.

(8)

The compatibility rule shall apply regarding all other elements not specified in subsections 3(b)(iii)(3) through (7).

iii.

Satellite dishes, devices for the generation of energy such as solar panels, and similar devices shall be located only upon the rear-facing roof planes of buildings. "Bubble-type" skylights are prohibited.

iv.

Urban gardens shall be permitted as an accessory use. Market gardens shall be permitted as an accessory use only on parcels which are used as churches, synagogues, temples, mosques and other religious worship facilities and schools.

c.

The following additional accessory uses and structures provisions shall apply to Subareas 3 and 4. Satellite dishes, devices for the generation of energy such as solar panels, and similar devices shall be located only upon the rooftop of buildings that have flat roof surfaces.

(5)

Special permits: The following uses shall require a special permit of the type indicated to be granted by the director of the commission with the applicable provisions of Chapter 25 of this part.

a.

Special administrative permits:

1.

Urban gardens as a principal use on an undeveloped lot.

(Ord. No. 2014-21(14-O-1118), § 1(Attach. A), 6-11-14; Ord. No. 2014-22(14-O-1092), §§ 2-PP-iii, 2-PP-iv, 6-11-14; Ord. No. 2018-01(18-O-1030), § 1, 1-25-18; Ord. No. 2019-66(19-O-1504), § 24, 12-11-19; Ord. No. 2021-60(21-O-0682), § 56, 12-15-21)

1.

The following lot controls and building heights provisions shall apply to Subareas 1 and 2.

a.

Lot controls.

i.

The compatibility rule shall apply for the purposes of determining permitted lot coverage.

ii.

The lot provisions of section 16-20C.004(7) shall apply to lot consolidations, subdivisions and replatting, except that:

(1)

For those lots fronting along the northern side of Auburn Avenue and the southern side of Old Wheat Street, the minimum lot area shall be 5,300 square feet.

(2)

For those lots fronting along the south side of Auburn Avenue, the minimum lot area shall be 10,000 square feet.

b.

Building heights.

i.

Within the portion of this Subarea 2 lying along the southeastern side of Auburn Avenue east of Randolph Street, and along the eastern side of Randolph Street south of Auburn Avenue, the maximum height of any alteration, addition, or new construction shall be 32 feet.

ii.

Within the portion of this Subarea 2 lying along the southern side of Irwin Street and the eastern side of Boulevard, the maximum height of any alteration, addition, or new construction shall be 32 feet.

iii.

For all other areas, the height of any alteration, addition, or new construction shall be established through the compatibility rule.

iv.

Notwithstanding the height requirements of this district, previously existing structures in existence before 1967 but no longer in existence may be reconstructed to their original footprints and height where the applicant shows by archived evidence or sworn affidavit(s), and the commission finds, that such structural dimensions previously existed on the proposed site.

c.

Urban gardens.

d.

Market gardens.

2.

The following lot controls and building heights provisions shall apply to Subareas 3 and 4.

a.

Building heights.

i.

Maximum building heights shall be permitted up to a maximum of one and one-half times the height permitted utilizing the compatibility rule, provided that:

(1)

For property located east of Interstate 75/85, no building shall be permitted to exceed a maximum height of 55 feet.

(2)

For property located west of Interstate 75/85, no building shall be permitted to exceed a maximum height of 68 feet.

ii.

The building heights permitted in this subsection are intended to be the maximums authorized but are subject to further compatibility restrictions under other provisions of this district relative to building form, scale, massing and materials.

iii.

Notwithstanding the height requirements of these subareas, previously existing structures in existence before 1967 but no longer in existence may be reconstructed to their original footprints and height where the applicant shows by archived evidence or sworn affidavit(s), and the commission finds, that such structural dimensions previously existed on the proposed site.

(Ord. No. 2014-21(14-O-1118), § 1(Attach. A), 6-11-14; Ord. No. 2014-22(14-O-1092), § 2-PP-v, 6-11-14)

1.

The following sidewalks, yards and open spaces provisions shall apply to Subareas 1 through 4.

a.

Sidewalks.

i.

Public sidewalks shall be located along all public streets and shall consist of two zones: an amenity zone and a walk zone.

ii.

The amenity zone shall be located immediately adjacent to the curb with a consistent cross-slope not to exceed two percent. Width shall be measured from back (building side) of curb to the walk zone. This zone is reserved for the placement of street trees and street furniture including utility and light poles, public art, waste receptacles, fire hydrants, traffic signs, traffic control boxes, newspaper boxes, transit shelters and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. Such elements, where installed, shall be of a type specified by the director in accordance with uniform design standards for placement of such objects in the public right-of-way.

iii.

The walk zone shall be located immediately contiguous to the amenity zone and shall be a continuous hardscape, with a consistent cross-slope not exceeding two percent. No fixed elements, including pole mounted signage, traffic control boxes or other utility structures, shall be placed above ground in the walk zone for a minimum height of eight feet.

iv.

New sidewalks and their corresponding zones shall be the same width as the sidewalk on abutting properties. If no sidewalk exists on abutting properties, the new sidewalk shall match sidewalk widths on the block. If no sidewalk exists on the block, the new amenity zone shall be a minimum of two feet wide and the new walk zone shall be a minimum of five feet wide.

v.

Street trees shall be planted a maximum of 30 feet on-center within the amenity zone and shall be spaced equal distance between street lights.

vi.

Any existing decorative hardscape treatment of sidewalks, including amenity zone or walk zone areas, shall be retained as part of any new development or replaced with materials that match in size, shape and color.

vii.

Original or historic decorative mosaic signage and treatments in sidewalks, recessed entrances to buildings, or at the edges of storefronts shall be retained. Repairs of these features shall match the original in size, shape, pattern, color, and materials.

viii.

Decorative pedestrian lights, where installed, shall be placed a maximum of 60 feet on center and spaced equidistant between required trees. Where installed, said lights shall be located within the amenity zone. Said lights shall be as approved by the director. New developments shall match the light and tree spacing on blocks where existing Atlanta Type lights are installed.

ix.

Changes or additions of planters, trash containers, street lighting, and similar elements, shall require a certificate of appropriateness by the commission.

x.

Upon redevelopment of a parcel reasonable efforts shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks.

b.

Yards. Notwithstanding the setback requirements of these subareas, previously existing contributing structures may be reconstructed to their original footprints and setbacks upon a submittal of finding that such structural dimensions have been shown by archived evidence or sworn affidavit(s) to have previously existed on the proposed site, and as subsequently approved by the commission.

c.

Required open space.

i.

Open space shall be required only for multi-family uses. All other uses shall have no open space requirements.

ii.

Required usable open space shall be provided equal to five percent of the total floor area dedicated to multi-family use.

iii.

Required usable open space shall be satisfied only through the use of the following elements: yards, sidewalks, plazas, parks, landscaped areas, porches, balconies, or rooftops decks or gardens.

d.

Urban gardens.

e.

Market gardens.

2.

The following additional yards provisions shall apply to Subareas 1 and 2.

a.

Subarea 1.

i.

The compatibility rule for front yards shall apply.

ii.

For side yard and rear yard setbacks, a minimum of seven feet shall be required.

iii.

Parcels on the south side of Old Wheat Street between Hogue Street and Bradley Street shall be permitted to treat the Old Wheat Street frontage as the rear yard. Said parcels shall be required to locate their front yard fronting Auburn Avenue.

b.

Subarea 2.

i.

Except as provided below, all front, side and rear yard setbacks shall be established through utilization of the compatibility rule. All new construction shall maintain a minimum of ten feet for rear yard setbacks where the compatibility rule would permit a smaller rear yard setback, except as otherwise provided for accessory structures.

ii.

Within the portion of Subarea 2 lying along the southeastern side of Auburn Avenue east of Randolph Street, and along the eastern side of Randolph Street south of Auburn Avenue, the following development controls shall apply:

(1)

Side yard: Three feet.

(2)

Front yard: Seven feet.

(3)

Rear yard: 25 feet.

iii.

Within the portion of Subarea 2 lying along the southern side of Irwin Street and the eastern side of boulevard, the following development controls shall apply:

(1)

Side yard: Three feet.

(2)

Front yard: 12 feet.

(3)

Rear yard: Six feet.

3.

The following additional yards provisions shall apply to Subareas 3 and 4.

a.

Front, rear and side yards. All front, rear and side yards for this subarea shall be established through the compatibility rule, except that zero-lot-line side yards shall be permitted as a minimum side yard allowance regardless of the compatibility rule application.

(Ord. No. 2014-21(14-O-1118), § 1(Attach. A), 6-11-14; Ord. No. 2014-22(14-O-1092), § 2-PP-vi, 6-11-14; Ord. No. 2024-14 (23-O-1710), § 2, 5-15-24)

1.

The following Design Standards provisions shall apply to Subareas 1 through 4.

a.

Building compatibility.

i.

All elements of new construction shall be utilized in a meaningful, coherent manner, rather than a mere aggregation of random historic elements.

ii.

The compatibility rule shall apply to a principal structure's general façade organization, proportion, scale, roof form, pitch and materials, door and window placement, and other architectural details including but not limited to brackets, decorative trim, corner boards, bottom boards, fascia boards, columns, steps and attic vents.

iii.

Fiberglass roofs shall be prohibited.

b.

Fenestration.

i.

The compatibility rule shall apply to the following aspects of fenestration:

(1)

The style and material of the individual window or door.

(2)

The size and shape of individual window and door openings.

(3)

The overall pattern of fenestration as it relates to the building façade.

(4)

The use of wood or aluminum for exterior framing, casing, and trim for windows and doors, and the use of wood, aluminum, brick, or stone for bulkheads.

ii.

Painted glass and reflective glass, or other similarly treated fenestration, are not permitted.

iii.

Except as otherwise provided in section 16-20C.008(2), if muntins and/or mullions are used, such muntins and/or mullions shall be either true divided lights or simulated divided lights with muntins integral to the sash and permanently affixed to the exterior face of glass.

c.

Landscaping.

i.

A landscape plan may be required by the commission to mitigate the environmental and visual impacts of construction on adjoining properties. The commission may require that plant materials in a landscape plan reflect the character of the district.

ii.

Tree preservation and replacement. The provisions of the City of Atlanta Tree Ordinance, Atlanta City Code section 158-26 et seq., shall apply to this district.

d.

Loading areas, loading dock entrances, and building mechanical and accessory features for all non-residential uses.

i.

All dumpsters shall be concealed with walls six feet in height and constructed or faced with metal, brick, stone, architectural masonry, or hard coat stucco and shall not be visible from any public street.

ii.

Loading docks and loading areas shall not be permitted on the primary façade of a principal building.

iii.

Building mechanical and accessory features shall not be permitted between the principal building and any public street.

iv.

Building mechanical and accessory features shall be located to the rear of the principal building and shall be in the location least visible from the public street. Screening with appropriate materials shall be required if the equipment is visible from any public street.

v.

When located on rooftops, building mechanical and accessory features visible from the public street shall be incorporated in the design of the building and screened with materials compatible with the principal façade material of the building.

e.

Urban gardens.

f.

Market gardens.

2.

The following design standards provisions shall apply to Subareas 1 through 2.

a.

Windows and doors.

i.

Simulated divided light windows or plain sash windows shall be authorized as replacement materials when replacement is warranted, and materials for new construction within these subareas.

ii.

Windows shall be predominantly vertical in proportion, shall not be constructed in combination of more than two units, and shall be double-hung.

iii.

Front doors facing and parallel to the street shall be provided.

iv.

Front doors shall be solid wood panel or single-pane fixed glass and shall be composed of no more than 50 percent glass.

b.

Front yard porches.

i.

Front yard porches shall be provided.

ii.

Front yard porches shall contain balustrades, columns, floor dimensions, height, roof pitch and overhangs as regulated by the compatibility rule.

iii.

Decorative metal, resin, fiberglass and plastic columns are prohibited.

iv.

Front yard porches are permitted to be enclosed with recessed screen wire when the primary characteristics of the porch are maintained.

v.

Front yard porch steps shall be wood, brick or concrete. Metal steps are prohibited.

vi.

A paved walkway from the front yard porch to the adjacent public sidewalk shall be required.

c.

Siding and foundations.

i.

Due to the close proximity of structures and other characteristics unique to this Landmark District smooth face cementitious siding shall be authorized as replacement materials when replacement is warranted, and materials for new construction within these subareas.

ii.

Siding shall exhibit a horizontal, clapboard profile. Siding shall have no less than a four-inch reveal and no more than a six-inch reveal.

iii.

Foundations shall be permitted to utilize brick, stone, smooth stucco, and smooth finish concrete as foundation-facing materials.

iv.

When provided, chimneys shall be faced in brick and shall originate at grade.

d.

Fences and walls.

i.

Fences shall be permitted within front yards at a maximum height of four feet. Barbed wire, razor wire and uncoated chain link or similar elements are prohibited.

ii.

Fences and walls shall be permitted in side yards and rear yards only to a total combined height of six feet.

iii.

Walls are prohibited within front yards except that retaining walls are permitted within front yards only when such retaining walls already exist on a block face based upon the compatibility rule. The allowable setback, height and materials of such fences and walls shall be based upon the compatibility rule. Lots with retaining walls shall utilize the top of the retaining wall for determining the finished grade level of the lot as established in section 16-20C.004(2)(d).

3.

The following design standards provisions shall apply to Subareas 3 through 4.

a.

Façades.

i.

Building materials for the façades of principal structures shall be determined by the compatibility rule. Concrete block and other masonry materials may be used on façades of principal structures that do not face a public street. Corrugated metal, aluminum siding, and vinyl siding are not permitted on any façade.

ii.

Covering of the original façade shall not be permitted.

iii.

Painting of unpainted building materials and masonry is prohibited.

iv.

All cleaning of stone, terra cotta, and brick shall be done with low-pressure water and mild detergents.

v.

All repairs to original mortar shall be compatible with the existing mortar material in strength, composition, color and texture. Original mortar joints shall be duplicated in width and in joint profile.

vi.

Cornice lines shall cap all building façades and shall consist of sheet metal, brick, cast concrete or terra cotta materials.

b.

Active uses (See section 16-20C.005(3)(e)).

i.

Active uses shall be provided within buildings and parking structures for the entire length of said building façade except ingress and egress points into parking structures or loading areas.

ii.

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

c.

Fences and walls.

i.

All fences and walls shall require a certificate of appropriateness by the director of the commission. Barbed wire, razor wire and chain link or similar elements are prohibited.

ii.

Fences and walls are not permitted in front yards or where otherwise visible to public view as determined by the director of the commission.

iii.

Fences and walls shall be permitted only to a total combined height of six feet.

d.

Fenestration.

i.

A minimum of 60 percent of the length of the building façade shall contain fenestration.

ii.

Sidewalk-level development without fenestration shall not exceed a maximum length of 10 feet of façade.

iii.

Subject to the compatibility rule, glass block may be used for door surrounds and transoms.

e.

Illumination and security features.

i.

Security, decorative, and other lighting shall minimize light spillage by providing cutoff luminaries that have a maximum 90-degree illumination. The commission may also require other elements to reduce light spillage.

ii.

Any security, decorative, or other lighting luminaries shall be located a minimum height of eight feet above the sidewalk, drive, or pedestrian area.

iii.

External storefront security grilles, gates and security doors must be fully retractable during business hours. Such devices shall provide visibility into the interior of protected space when in use, and shall be prohibited from being opaque.

iv.

Any external security grills, gates and security doors must be compatibly integrated into and concealed by the overall architecture and architectural patterns and elements of the façade on which they are located.

f.

Awnings and canopies.

i.

Original awnings and canopies shall be retained.

ii.

Replacement awnings or canopies are permitted only when original awnings or canopies cannot be rehabilitated.

iii.

Awnings and canopies must have a minimum clearance of eight feet above the sidewalk level, and shall not encroach more than five feet over the public sidewalk.

iv.

Installation of new canopies upon contributing structures shall be designed in a manner that is compatible with the design, materials and general character of canopies from the time period of historical significance for the structure.

v.

Installation of new canopies upon non-contributing structures shall be designed in a manner that is compatible with the design, materials and general character of canopies from the time period of historical significance for the district.

vi.

New awning frames attached to storefronts, doors or windows shall replicate the shape of the covered area and fit within that area.

vii.

New awnings shall be attached to the area above the display and transom windows and below the cornice and signboard area, or attached to the storefront display window and the transom window.

viii.

Multiple awnings on a single building shall be similar in shape and configuration.

ix.

Only that portion of the awning used for signage shall be illuminated.

g.

Service stations. Gasoline fuel dispenser structures and associated vehicular services such as air pumps and car washes shall not be located between a building and the closest adjacent sidewalk.

(Ord. No. 2014-21(14-O-1118), § 1(Attach. A), 6-11-14; Ord. No. 2014-22(14-O-1092), § 2-PP-vii, 6-11-14)

1.

The following off-street parking regulations shall apply to Subareas 1 through 4.

a.

Parking requirements. Off-street parking and bicycle parking requirements shall be as specified in the Martin Luther King, Jr. Landmark District Parking Table and subject to the following:

b.

Surface parking.

i.

When utilized, off-street surface parking shall not be permitted to be located between a building and an adjacent street without an intervening building.

ii.

When authorized, park-for-hire surface parking lots shall be prohibited from being located within 65 feet of any public street frontage.

c.

Screening for non-residential and multi-family uses.

i.

All surface parking regardless of the number of parking spaces provided, shall comply with all of the requirements of Chapter 158, Article II, section 158-30.

ii.

Screen wall extensions shall be permitted when surface parking is directly adjacent to a public sidewalk and additionally shall:

(1)

Be located predominantly parallel and congruent with the adjacent building façade ;

(2)

Be a minimum height often ten feet and a maximum height of 12 feet;

(3)

Be a minimum of 50 percent permeable or articulated to avoid blank walls; and

(4)

Utilize the adjacent building for purposes of determining allowable materials and architectural features.

d.

Notwithstanding anything to the contrary in the Atlanta Zoning Ordinance, urban gardens and market gardens are permitted primary uses and accessory uses within the Transitional Zone (Subarea 6).

2.

The following regulations shall apply to parking structures within the district.

a.

In addition to the parking deck regulations of section 16-28.028, parking structure façades shall have the appearance of a horizontal storied building and shall utilize the compatibility rule for the contributing structures of any use on the block for the purposes of determining building materials, building massing, architectural features, building heights and setbacks.

b.

Parking structures shall meet the active use requirements as regulated in section 16-20C.005(3)(e).

3.

The following regulations shall apply to driveways and curb cuts within the district.

a.

Use of shared driveways and/or alleys is permitted. Driveways may be located outside the lot boundaries if they directly connect to a public street and are approved by the commission.

b.

Circular drives and drop-off lanes shall not be located between any principal building and any public street. The commission shall additionally have the authority to vary section 28.006(10) relative to the requirement for an independent driveway connected to a public street.

c.

Curb cuts and driveways are not permitted on Edgewood Avenue, Auburn Avenue, Boulevard and Piedmont Road when reasonable access may be provided from a side or rear street or from an alley.

d.

One curb cut is permitted for each development. Developments with more than one public street frontage or more than 300 feet of public street frontage may have two curb cuts.

e.

Curb cuts shall be a maximum of 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of the department of transportation.

f.

Sidewalk paving materials shall be continued across intervening driveways for all non-residential and multi-family uses.

(Ord. No. 2014-21(14-O-1118), § 1(Attach. A), 6-11-14; Ord. No. 2014-22(14-O-1092), § 2-PP-viii, 6-11-14; Ord. No. 2018-11(18-O-1023), § 4.C, 5-16-18; Ord. No. 2020-33(20-O-1381), § 46, 6-23-20)