The intent of the regulations for the Hotel Row Landmark District is as follows:

(1)

To preserve the integrity of the district, which consists of a single block of six commercial buildings containing rare examples of Atlanta's turn-of-the-century commercial architecture and which block contains six commercial buildings which are typical American late-19th- and early-20th-century commercial style structures;

(2)

To preserve the environment, character and physical appearance of the district;

(3)

To ensure harmony and compatibility of visual qualities and spatial relationships throughout the district;

(4)

To ensure new construction is compatible with and sensitive to the existing character of the district;

(5)

To ensure that original design characteristics of the commercial structures serve as a base line description against which all future plans for rehabilitation and new construction will be judged for harmony, compatibility and appropriateness;

(6)

To encourage economic revitalization; and

(7)

To preserve and enhance the important aesthetic appearance of the district so as to substantially promote the public health, safety and welfare of the citizens of the City of Atlanta.

(Code 1977, § 16-20H.001)

(1)

The existing zoning map and regulations governing all properties with the Hotel Row Landmark District shall remain in full force and effect. The following zoning regulations shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations. Whenever the following overlay regulations are at variance with said existing zoning regulations, the following regulations (chapter 20H) shall apply. All other statutes, rules, regulations, ordinances, or other governmentally adopted regulations pertaining to properties within this district shall continue to apply, and any variance between said other regulations and these overlay district regulations (chapter 20H) shall be governed by the interpretation provision set forth in section 16-20.011(c) of the Code of Ordinances.

(2)

Except when otherwise explicitly provided, the provisions of chapter 20 of the Code of Ordinances shall apply to this district.

(Code 1977, § 16-20H.002)

The boundaries for the Hotel Row Landmark District constitute an overlay Landmark District (LD) zoning district, which district shall be reflected in the official zoning maps of the City of Atlanta. All of the regulations contained in this chapter shall apply to the entire district.

(Code 1977, § 16-20H.003)

The overlay zoning regulations for the Hotel Row Landmark District are composed of two parts. The first part consists of general regulations. The second part consists of specific regulations. Both parts shall apply to all property located within the district.

(Code 1977, § 16-20H.004)

The following general regulations shall apply to the Hotel Row Landmark District:

(1)

Certificates of appropriateness shall be required as is generally provided in chapter 20 of part of the Code of Ordinances, provided that a partial demolition shall require of Type IV certificate of appropriateness only when said partial demolition will result in the loss of significant architectural features which destroys the structure's historic interpretability or importance.

(2)

Variances. The urban design commission shall have the power to hear, grant and deny variances from the provisions of this chapter (20H) when, due to special conditions, a literal enforcement of its provisions in a particular case will regulations in unnecessary hardship. The procedures, standards, criteria, and appeal provisions for decisions regarding such variances shall be the same as those specified in chapter 26 of Part 16 of the Code of Ordinances, which provisions are hereby incorporated herein.

(3)

Notwithstanding any other existing zoning regulation(s), the following uses and structures, whether principal, accessory, permitted, or transitional, shall be prohibited in this district:

(a)

Broadcasting towers, line-of-sight relay devices for telephonic, radio or television communication, antennas, roof antennas and lattice antennas, provided that antennas, roof antennas, and similar apparatus intended and erected solely for the purpose of receiving television or radio communication for use by tenant(s) of any structure within this district are permitted;

(b)

Surface parking and parking structures;

(c)

Sales and leasing agencies for new and used passenger and commercial automobiles, and vehicles;

(d)

Service stations;

(e)

Helicopter landing facilities or pickup or delivery stations; and

(f)

Residential uses within the front half of the floor area of the ground floor.

(g)

Package stores.

(Code 1977, § 16-20H.005; Ord. No. 1995-42, § 4, 8-28-95)

In addition to the general regulations set forth in section 16-20H.005, and any other applicable regulations, the following regulations shall apply to all rehabilitations, new construction, alterations, and other changes.

(1)

Generally. The following building elements and architectural features shall be considered when applying section 16-20.009 of the Code of Ordinances to the Hotel Row Landmark District: doors, windows, display windows, transoms, bulkheads, roofs, roof features, gutters, downspouts, cornices, and building materials.

(2)

Non-display windows and doors.

(a)

Original windows and doors, including details, trimwork, and framing, shall be retained.

(b)

Original window and door openings shall not be blocked or enclosed, in whole or in part.

(c)

Replacement windows and doors shall be permitted only when originals cannot be rehabilitated. Replacement windows and doors shall match the original in style, materials, shape, size, scale, proportion, placement, details and trimwork with no more than one-inch width or height difference from the original size.

(d)

Flat "snap-in" muntins and muntins sandwiched between layers of glass are prohibited.

(e)

Dropped ceilings, when located below the head of a window, shall be sufficiently recessed from the window opening to maintain the original exterior appearance.

(f)

New doors and windows, when permitted, shall match the style, materials, shape, size, scale, proportion, placement, details, and trimwork of other original windows and doors on the same structure.

(3)

Display windows, transoms and bulkheads.

(a)

Original display windows, transoms and bulkheads, including details, trimwork and framing, shall be retained.

(b)

Original display window and transom openings shall not be blocked or enclosed, in whole or in part.

(c)

Replacement display windows, transoms and bulkheads shall be permitted only when originals cannot be rehabilitated. Replacement display windows, transoms and bulkheads shall match the original in style, materials, shape, size, scale, proportion, placement, details and trimwork with not more than one-inch width or height difference from the original size.

(d)

Flat "snap-in" muntins and muntins sandwiched between layers of glass are prohibited.

(e)

Dropped ceilings, when located below the top of the transom or display windows, shall be sufficiently recessed from the window opening to maintain the original appearance.

(f)

New display windows, transoms and bulkheads, when permitted, shall match the style, materials, shape, size, scale, proportion, placement, details, and trimwork of other original display windows, transoms and bulkheads on the same structure.

(4)

Façades.

(a)

Covering of the original façade shall not be permitted.

(b)

Façade repairs or replacement shall match original material in size, shape, texture, color and mortar and shall be installed using construction techniques that are substantially similar to the original construction techniques. All existing trim shall be repaired or replaced, if necessary, by matching original in material, color and dimensions.

(c)

Painting of unpainted brick, stone and terra cotta is prohibited.

(d)

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

(e)

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

(5)

Cornices. New cornices shall match the original in cornice line, width, decoration and materials. Fiberglass shall be permitted as a substitute material to replace, in whole or part, an original cornice when the original cornice can not be rehabilitated.

(6)

Ornaments.

(a)

As used herein, ornaments are details, which may include or be added to cornices, brackets, downspouts, columns, doors, window moldings, and other similar elements of a building, for the purpose of embellishment.

(b)

Original ornaments shall be retained.

(c)

Replacement ornaments shall be permitted only when originals cannot be rehabilitated. Replacement ornaments shall match the original in style, materials, shape, size, scale, color and placement.

(d)

Installation of new ornaments, where none previously existed, shall be permitted only when they adhere to the characteristics of the architectural style of the original structure.

(7)

Exterior paving materials.

(a)

Hexagonal sidewalk pavers shall be retained.

(b)

Hexagonal sidewalk pavers shall be used for any sidewalk repairs in the Hotel Row Landmark District.

(c)

Decorative tile work in the recessed entrances and edges of storefronts and the alleyway shall be retained whenever possible.

(d)

Replacement tile work shall be permitted only when originals cannot be rehabilitated and shall match the original in size, shape, pattern and materials.

(8)

Repealed.

(9)

Security gates or grilles.

(a)

Security gates or grilles shall be installed in a manner which does not irreparably damage the storefront of the building.

(b)

Security gates or grilles, whether in the open or closed position, shall not substantially obscure the storefront of the building.

(c)

Security gates or grilles shall fit within the storefront window or door opening. Security gates or grilles shall be unobtrusive and fully retractable during business hours.

(d)

Housing for security gates or grilles shall be placed under a sign band, awning or canopy whenever possible. When such placement is not possible, housing for security gates or grilles shall be painted to match the building façade.

(10)

Awnings.

(a)

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

(b)

Awnings shall be attached to the storefront in that area above the display and transom windows and below the cornice and signboard area, or mounted in that area between the storefront display window and the transom window.

(c)

Awning material shall be fire-retardant canvas duck or textured mat finish vinyl or acrylic.

(d)

Multiple awnings on a single building shall be closely matching in color and style.

(e)

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

(11)

Canopies.

(a)

Original canopies shall be retained.

(b)

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

(c)

Installation of new canopies, where none previously existed, shall be permitted only when they adhere to the characteristics of the architectural style of the original structure.

(12)

Special features.

(a)

The eight-foot covered alley between the building located at 211—215 Mitchell Street and the building at 217—221 Mitchell Street, and which connects these two (2) buildings, shall be retained.

(b)

Replacement materials for the alley shall be permitted only when originals cannot be rehabilitated and shall match the original in size, material, design, pattern, color and texture whenever possible.

(13)

Development controls.

(a)

Minimum yard requirements. The building setback line existing on the date of enactment of this chapter shall be maintained.

(b)

Maximum height. The building heights existing on the date of enactment of this chapter shall be maintained.

(c)

Pedestrian circulation requirement. Compliance with the pedestrian space plan is not required in the Hotel Row Landmark District.

(Code 1977, § 16-20H.006)