The intent of the regulations for the Means Street Landmark District is as follows:

1.

To preserve the historic physical pattern of the district, including the spatial relationships between buildings, and the spatial relationship between buildings and the street;

2.

To preserve the architectural history of the district including commercial and industrial buildings that were constructed from 1859 to 1945;

3.

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

4.

To ensure that new development that uses contemporary design and materials is compatible with and sensitive to the historic character of the Means Street Landmark District;

5.

To encourage compatible economic development and neighborhood revitalization that promotes a livable, sustainable neighborhood;

6.

To promote pedestrian and cycling convenience and connect buildings to the public life of the street; and

7.

To preserve and enhance the historic and architectural appearance of the district so as to substantially promote the public health, safety and general welfare.

(Ord. No. 2017-08(16-O-1649)§ 3, 2-6-17)

The scope of these regulations for the Means Street Landmark District is as follows:

1.

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

2.

All other statutes, rules, regulations, ordinances, or other governmentally adopted regulations pertaining to properties within this Means Street Landmark District shall continue to apply. In the event of any conflict between said other regulations and the following regulations of this chapter 20R, the interpretation provision set forth in subsection 16-20.011(c) of the Code of Ordinances shall govern.

(Ord. No. 2017-08(16-O-1649)§ 3, 2-6-17)

The boundaries of the Means Street Landmark District shall be as shown on the official zoning map adopted herewith entitled "Means Street Landmark District."

(Ord. No. 2017-08(16-O-1649)§ 3, 2-6-17)

The following general regulations shall apply to all properties within the Means Street 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 20R do not specifically address the application in whole or in part:

a.

A property shall be used for its current purpose or be placed in a new use authorized in section 16-20R.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.

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 in the district. To further that intent and simultaneously retain flexibility, the regulations provide a "compatibility rule" which is: The elements in question that are not quantifiable shall be the same as contributing buildings in the district or shall be compatible with, but differentiated from the contributing buildings in the district. Where quantifiable, the element shall be no smaller than the smallest or larger than the largest such dimension of a contributing building on the block face.

b.

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

c.

Whenever individual block faces are void of contributing structures, the contributing structures on the nearest block face within the district shall be utilized.

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. A Certificate of Appropriateness shall be required for replacements as indicated in subsection 16-20R.004(3)(b) below.

iv.

No Certificate of Appropriateness shall be required for demolition or moving of non-contributing structures.

v.

Type I Certificates of Appropriateness shall not be required in this district.

b.

Type II Certificates of Appropriateness.

i.

The following shall require a Type II Certificate of Appropriateness, and shall be reviewed by the director of the commission:

(1.)

Alterations to any façade of any principal structure;

(2.)

All site work, including changes in streetscape elements;

(3.)

New accessory structures and alterations to existing accessory structures;

(4.)

Fences, walls and retaining walls;

(5.)

Decks, rear porches, balconies, outdoor seating on the ground level and installation of mechanical equipment; and

(6.)

Signage.

ii.

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 subsection 16-20.008(a) for Type I certificates.

c.

The following shall require a Type III Certificates of Appropriateness and shall be reviewed by the commission:

i.

All new principal structures;

ii.

Additions, including roof top additions, roof top decks and roof top outdoor seating;

iii.

Increase in height or building footprint revisions to previously approved plans that are yet to be completed; and

d.

Variances and special exceptions

e.

Type IV Certificates of Appropriateness shall be required for the demolition or moving of any contributing building. Type IV Certificates of Appropriateness shall be reviewed by the commission.

i.

A partial demolition of a contributing building shall require a Type IV Certificate of Appropriateness only when, in the determination of the director, said partial demolition will result in the loss of significant architectural features that destroys the building'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 "Means Street Landmark District Contributing Buildings List". Said contributing buildings 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 contributing buildings list to correct errors or omissions to said contributing buildings 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 20R 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 5 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 16-20R.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 16-20R.004(4)(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 16-20R.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 thirty (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 20R 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.

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. This exemption shall not apply to the review of demolitions of contributing structures that would otherwise require a Type IV Certificates of Appropriateness.

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 (5)(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.

6.

Variances and special exceptions. Variance applications and applications for special exceptions 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.

7.

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

(Ord. No. 2017-08(16-O-1649)§ 3, 2-6-17)

1.

Permitted principal uses and structures: A building or premises shall only be used for the following principal purposes taking into account all limitations listed herein:

a.

Banks, savings and loan associations, and similar institutions.

b.

Businesses and commercial schools.

c.

Childcare centers, kindergartens, and special schools.

d.

Clubs and lodges.

e.

Commercial recreational establishments, including bowling alleys, theaters, convention halls, place of assembly and similar uses with primary activities conducted in within fully enclosed buildings.

f.

Eating and drinking establishments, including those licensed for the on-premise consumption of malt beverages, wine and/ or distilled spirits, but not night clubs as defined by chapter 10 of the Code.

g.

Institutions of higher learning, including colleges and universities.

h.

Hotels and motels, but not extended stay hotels or motels.

i.

Multi-family dwellings.

j.

Museums, galleries, auditoriums, libraries and other similar cultural facilities.

k.

Offices, clinics (including veterinary), laboratories, studios, and similar uses, but not blood donor stations or music recording studios or similar uses. Veterinary offices clinics shall be located within soundproof buildings, laboratories, and studios when located within 300 feet of any residential use, however boarding of animals and pet day care shall be prohibited.

l.

Printing shops, microbreweries and distilleries.

m.

Professional or personal service establishments, but not hiring halls, pawn shops, and tattoo and body piercing establishments.

n.

Retail establishments, including delicatessens, bakeries and catering establishments.

o.

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

p.

Places of worship.

q.

Tailoring, custom dressmaking, millinery and similar establishments.

r.

Urban gardens.

s.

Market gardens.

t.

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

2.

The following permitted uses and restrictions shall apply to all properties within this district:

a.

Special permits.

i.

A special administrative permit shall be required for a farmer's market and shall be reviewed by the director of the commission pursuant to the applicable provisions of chapter 25 of this part.

b.

Nonconforming uses: This section addresses permitted principal uses and structures within the district. 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.

c.

Non-residential use restrictions:

i.

Drive through and drive-in establishments shall be prohibited.

ii.

Off-premises storage of merchandise shall be prohibited as a principal use.

iii.

Package drop or shipment locations, warehousing operations, parts distribution and similar other uses shall be prohibited.

iv.

Fuel dispensing, gas stations and service stations shall be prohibited.

v.

Hours of operation:

a.

For all eating and drinking establishments, including those licensed for the on-premise consumption of malt beverages, wine and/ or distilled spirits, hours of operation shall be limited to 7:00 AM to midnight;

d.

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

i.

"Roof antennas" as defined and regulated in code subsection 16-25.002(3)(i)(iii) are authorized, 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 subsection 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. Active uses, where, required shall be serviced by plumbing, heating, and electricity and are limited to the residential uses and non-residential uses allowed in the district, except that the following non-residential uses shall not be considered as active uses:

i.

Parking Accessory non-residential storage areas.

3.

Accessory Uses and Structures. The following Accessory Uses and Structures provisions shall apply to district:

a.

No storage shall be provided in any portion of a structure adjacent to any public sidewalk, public park, or plaza.

b.

No accessory structure shall be constructed until construction of the principal structure has actually begun, and no accessory structure shall be used or occupied until the principal structure is completed and in use.

c.

Accessory structures shall be placed behind the principal structure within the buildable area of the lot.

e.

Accessory structures shall not exceed the height of the principal structure.

f.

Swimming pools, tennis courts, and similar active recreation facilities are permitted subject to the following limitations:

i.

Such active recreation facilities shall require a special exception from the commission, which special exception shall be granted only upon finding that:

ii.

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; and

iii.

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

iv.

The urban design commission may 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.

g.

Satellite dishes, devices for the generation of energy such as solar panels, and similar devices shall be located only upon the rooftop of buildings.

(Ord. No. 2017-08(16-O-1649)§ 3, 2-6-17; Ord. No. 2021-60(21-O-0682), § 59, 12-15-21)

a.

Building heights.

i.

Building height of principal buildings with frontage on Marietta Street shall be measured on the Marietta Street elevation from the average point of grade on the Marietta Street elevation to the highest point of the roof or façade, whichever is higher. Building height on all other buildings shall be measured as provided in section 16-29.001.

ii.

For properties with frontage along Marietta Street, the maximum building height shall be 100 ft. For all other properties, the maximum building height shall be 80 ft.

b.

Setbacks.

i.

For principal buildings with frontage along Marietta Street, the front façades shall not be setback from the property line. Further, the side yard setback and the façades that face other public streets shall be established through the utilization of the compatibility rule.

ii.

For all other principal buildings in the district, all front, side and public street facing façades shall be established utilization the compatibility rule, except that zero-lot line side yard setbacks shall be permitted as a minimum setback regardless of the compatibility rule application.

iii.

The rear yard setbacks shall not be regulated.

(Ord. No. 2017-08(16-O-1649)§ 3, 2-6-17)

1.

The following design standards provisions shall apply to the district.

a.

Building compatibility.

i.

All elements of new construction shall be utilized in a meaningful, coherent manner and shall meet the requirements. Further, contemporary design for new construction and for additions to existing properties shall not be discouraged when such new construction and additions do not destroy significant historical, architectural, or cultural material, and such construction or additions otherwise satisfy the district regulations, as applicable.

ii.

Alterations to existing contributing buildings shall be internally consistent with its architecture and meet the requirements set forth in subsection 16-20R.004(1).

iii.

The compatibility rule shall apply to a contributing building's general façade organization, proportion, scale, roof form, pitch and materials, door and other architectural details.

b.

Fenestration.

i.

The compatibility rule shall apply to the following aspects of fenestration on a contributing building and additions to contributing buildings:

(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 materials for exterior framing, casing, and trim for windows and doors, and for bulkheads.

ii.

All buildings facing Marietta Street shall have a storefront design on the first floor similar to existing storefronts on Marietta Street.

iii.

On contributing buildings, if muntins and/or mullions are used, such muntins and/or mullions shall be either true divided lights or simulated divided lights with muntins and/or mullions integral to the sash and permanently affixed to the exterior face of glass.

iv.

A minimum of 60 percent of the length of the building façade at sidewalk-level shall contain fenestration.

v.

Required fenestration shall not include painted glass and reflective glass, or other similarly treated materials.

c.

Façades of contributing buildings.

i.

Building materials for the façades of principal structures shall be determined by the compatibility rule. However, 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 is prohibited.

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 joint profile.

vi.

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

d.

Decks and Outdoor Dining.

i.

Decks are permitted when located to the rear of the principal structure and on the roof of the principal structure.

iii.

Outdoor dining areas are permitted on the roof of the principal structure and at the ground level.

iv.

When visible from a public street and associated with a contributing building, the design and materials of all decks and outdoor dining areas shall be consistent with the historic character of the district.

e.

Structures on the roofs of contributing buildings.

i.

The enclosed floor area of a new habitable structure on a roof shall not exceed 25 percent of the roof area above occupied space, unless otherwise necessary to meet the minimum requirements for mechanical and elevator equipment, stairwells, elevator, and stair landings.

f.

Loading Areas, Loading Dock Entrances, and Building Mechanical and Accessory Features for All Non-Residential Uses.

i.

All exterior dumpsters shall be concealed with walls six (6) 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 be screened if visible from a street facing façade of a principal building.

iii.

Building mechanical and accessory features shall be located on in the location least visible from the public street.

iv.

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.

g.

Active uses (See Subection 16-20R.005(2)(h).

i.

Active uses shall be provided at the sidewalk level within buildings and parking structures for the entire length of any building façade abutting a public street except at 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.

h.

Fences, walls and retaining walls.

i.

Barbed wire and razor wire or similar elements are prohibited.

ii.

Fences and walls between the building and the street are prohibited except to meet the minimum requirements for outdoor dining.

iii.

Retaining walls adjacent to a public street or sidewalk shall not exceed four feet in height, unless required by the existing topography.

iv.

Where permitted, fences shall only be a total height of eight (8) feet.

i.

Awnings and canopies on contributing buildings.

i.

Original awnings and canopies shall be retained, provided replacement awnings or canopies are permitted only when original awnings or canopies cannot be rehabilitated.

ii.

Installation of new canopies 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.

iii.

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

iv.

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.

v.

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

vi.

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

m.

Sidewalks.

i.

Public sidewalks shall be located along all public streets and shall consist of two (2) 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 (2) 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 (2) 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 (8) 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 (2) feet wide and the new walk zone shall be a minimum of five (5) 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.

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.

viii.

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.

(Ord. No. 2017-08(16-O-1649)§ 3, 2-6-17)

1.

The following off-street parking regulations shall apply to district:

a.

Parking requirements. Off-street parking and bicycle parking requirements shall be as specified in the Means Street Landmark District Parking Table and subject to the following:

b.

Surface Parking.

i.

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

ii.

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.

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 any contributing structures in the district for the purposes of determining building materials, building massing and architectural features.

b.

Parking structures shall meet the active use requirements for the district.

3.

Off-Street Parking and Loading Reductions.

a.

Reductions in parking requirements may be approved by the director subject to a shared parking arrangement under the following criteria:

i.

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

ii.

All shared parking spaces shall be clearly marked and signed as reserved during specified hours.

b.

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

i.

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

ii.

Indicate hours of business operation;

iii.

Written consent of property owners agreeing to the shared parking arrangements; and

iv.

Copies of any parking leases. Renewed leases shall be provided to the commission. Lapse of a required lease agreement shall terminate the permit.

c.

Reductions in off-street loading requirements shall be reviewed by the commission.

4.

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

a.

Use of shared, non-independent driveways and 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 subsection 28.006(10) relative to the requirement for an independent driveway connected to a public street.

c.

One curb cut is permitted for each development. Developments with more than one (1) public street frontage or more than 300 feet of public street frontage may have two (2) curb cuts.

d.

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.

e.

Sidewalk paving materials shall be continued across intervening driveways.

5.

Electric vehicle charging stations. A building, commercial establishment, or other property, which provides automobile parking facilities shall provide parking facilities in the ratio of at least one station for every 50 automobile parking spaces or portion thereof. No more than five such stations shall be required for a parking facility.

(Ord. No. 2017-08(16-O-1649)§ 3, 2-6-17; Ord. No. 2018-11(18-O-1023), § 4.D, 5-16-18; Ord. No. 2020-33(20-O-1381), § 47, 6-23-20)