The intent of the regulations for the Briarcliff Plaza Landmark District is as follows:

1.

To preserve the architectural history of the district, which includes the two, multiple tenant commercial buildings constructed in 1939 — 1940;

2.

To preserve the historic spatial relationships of the district, including between buildings and the parking lot, and the buildings, the parking lot, and the street;

3.

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

4.

To ensure that the original material and design features of the historic commercial buildings serve as the basis to determine the compatibility and appropriateness of all future rehabilitation and new construction plans;

5.

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

6.

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

(Ord. No. 2017-64(17-O-1449), § 3, 11-6-17)

The scope of these regulations for the Briarcliff Plaza 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 20 conflict with the provisions of chapter 20, the regulations of chapter 20S shall apply.

2.

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

(Ord. No. 2017-64(17-O-1449), § 3, 11-6-17)

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

(Ord. No. 2017-64(17-O-1449), § 3, 11-6-17)

The following general regulations shall apply to all properties within the Briarcliff Plaza 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 20S do not specifically address the application in whole or in part:

a.

A property shall be used for its historic purpose, in this case a neighborhood shopping center inclusive of commercial, retail, restaurant, service and entertainment establishments, or be placed in a new use authorized in Section 16-20S.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 exterior 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 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 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" as follows:

i.

The elements in question that are not quantifiable shall be compatible with the contributing buildings on which it is located.

ii.

Where quantifiable, the element shall be no smaller than the smallest or larger than the largest such dimension of the contributing building on which it is located.

b.

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

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 make ordinary repairs and maintenance using in-kind materials.

iv.

No Certificate of Appropriateness shall be required for interior work.

v.

No Type I Certificates of Appropriateness shall be required in this district.

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.)

Exterior alterations to any façade of any principal structure;

(2.)

All site work, including dumpster enclosures;

(3.)

Accessory outdoor dining areas;

(4.)

Food trucks and similar temporary outdoor eating and drinking establishments;

(5.)

Outdoor active recreational uses (sidewalk level only); and

(6.)

Signage.

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.

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.

Additions;

ii.

New construction (excluding interiors of the existing buildings);

iii.

Building footprint revisions to previously approved plans that are yet to be constructed;

iv.

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/Structures.

a.

The 1027 Ponce de Leon Avenue building, the 1061 Ponce de Leon Avenue building, and the open, undeveloped space between 1061 Ponce de Leon Avenue building and Ponce de Leon Avenue.

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.

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, 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.

(Ord. No. 2017-64(17-O-1449), § 3, 11-6-17)

1.

Permitted Principal Uses and Structures: A building or premises shall be used for the following principal purposes:

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 recreation establishments, including bowling alleys, theaters, convention halls, places of assembly, and similar uses, with primary activities conducted within fully enclosed buildings.

f.

Drycleaners - drop off and pick up operation only.

g.

Eating and drinking establishments, including accessory outdoor dining areas and eating and drinking establishments licensed for the on-premises consumption of malt beverages, wine and/ or distilled spirits, but not nightclubs (as defined by Chapter 10. Alcoholic Beverages).

h.

Farmer's markets, subject to provisions found in Section 16-29.001(32) of the Code.

i.

Food trucks and similar temporary outdoor eating and drinking establishments.

j.

Institutions of higher learning, including colleges and universities.

k.

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

l.

New and used car sales, including other motorized vehicles such as mopeds and motorcycles to the extent such operations occur entirely within interior space only.

m.

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.

n.

Printing shops, microbreweries and distilleries.

o.

Professional or personal service establishments, but not hiring halls.

p.

Repair establishments for home appliances, bicycles, lawn mowers, shoes, clocks and similar articles.

q.

Retail establishments, including delicatessens, bakeries and catering establishments.

r.

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

s.

Places of worship.

t.

Outdoor active recreational uses.

u.

Showrooms used for the display and sale of merchandise stored off-site.

v.

Tailoring, custom dressmaking, millinery and similar establishments

2.

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

a.

Nonconforming uses and structures. Lawful nonconforming uses and structures shall be regulated pursuant to Chapter 24 of Part 16.; provided, however, no sunset provisions apply to an existing lawful nonconforming uses or structures. Any alteration or addition to nonconforming uses or structures shall require an appropriate Certificate of Appropriateness by the Commission.

b.

Drive through and drive-in establishments shall be prohibited.

c.

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

d.

With the exception of showrooms, 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.

e.

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 Section 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 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.

f.

Outdoor uses.

i.

Accessory outdoor dining areas, outdoor active recreational uses, food trucks and similar temporary outdoor eating and drinking establishments are permitted anywhere within the district.

ii.

At any given time, up to three (3) food trucks and similar temporary outdoor eating and drinking establishments may be located between the existing buildings and Ponce de Leon Avenue. This limit does not include accessory outdoor dining areas or outdoor active recreational uses associated with permanent eating and drinking establishments, and such uses lawfully permitted through the City of Atlanta's special event/outdoor event permitting process.

iii.

Food trucks and similar temporary outdoor eating and drinking establishments and sidewalk level outdoor active recreational uses shall only be permitted for the time period specified by the Director in the issuance of the Certificate of Appropriateness unless re-approved.

(Ord. No. 2017-64(17-O-1449), § 3, 11-6-17)

1.

Maximum combined building square footage in the District shall not exceed 55,000 square feet.

2.

Maximum building height shall be 35 feet exclusive of rooftop patios structures. Excluding structures housing elevator and stairwell landings and equipment, rooftop patio structures shall not exceed an additional 15 feet in height as measured from the roof plane and shall not occupy more than 25 percent of the total roof area.

3.

The minimum setback on the 1061 Ponce de Leon Avenue building shall be 75 feet from Ponce de Leon Avenue, not including canopies or marques. Outdoor dining shall be permitted within the Ponce de Leon Avenue setback of the 1061 Ponce de Leon Avenue building. All other building setbacks in the District shall be zero (0) feet.

(Ord. No. 2017-64(17-O-1449), § 3, 11-6-17)

1.

The following Design Standards provisions shall apply to the district.

a.

Building Compatibility.

i.

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

ii.

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

b.

Fenestration.

i.

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

(1)

The style and material of the individual windows or doors.

(2)

The size and shape of the individual window and door openings.

(3)

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

(4)

The size and shape of storefront openings.

(5)

The materials for exterior framing, casing, and trim for windows and doors.

(6)

The use of tile and glass block for bulkheads, door surrounds, and transoms.

ii.

Storefront glass shall not be painted or reflective.

iii.

Sidewalk-level development without fenestration shall not exceed a maximum length of 10 feet of façade, except for the frontages along Cleburne Terrace and North Highland Avenue.

c.

Façades.

i.

Building materials for the façades of principal structures shall be determined by the compatibility rule. Corrugated metal, exposed concrete block, cementitious, wood, 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, ceramic tile, and brick shall be done with mild detergents. Pressure washing is an approved method of physical treatment.

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.

All building façades shall have coping.

d.

Ground floor sidewalk level active uses shall be provided for a minimum depth of 20 feet, as measured from the sidewalk level building façade in the following locations:

i.

On the 1027 Ponce de Leon Avenue building façade facing Cleburne Terrace; and

ii.

On the 1027 Ponce de Leon Avenue and 1061 Ponce de Leon Avenue building façades facing Ponce de Leon Avenue.

iii.

Active uses shall be serviced by plumbing, heating and electricity and are limited to the uses permitted by Section 16-20S.005.

g.

Fences, walls and retaining walls.

i.

New barbed wire, razor wire, wood and chain link or similar elements are prohibited.

ii.

Fences and walls are not permitted between the façade of the building and the street.

iii.

Where permitted, fences and walls shall only to a total combined height of six (6) feet.

h.

No loading areas or dumpsters shall be located between the building façade and Ponce de Leon Avenue.

i.

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 (8) 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.

j.

Canopies.

i.

Original canopies shall be retained where possible.

ii.

Replacement canopies, or portions thereof, are permitted only when original canopies cannot be rehabilitated.

iii.

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

iv.

Canopies may be externally illuminated.

k.

All exterior stairs shall be metal and shall not be located between the existing building façades and the Ponce de Leon Avenue frontage.

l.

The existing pedestrian hardscaped walkway located between the 1061 Ponce de Leon Avenue building and the parking lot shall be retained.

(Ord. No. 2017-64(17-O-1449), § 3, 11-6-17)

1.

The following Off-Street Parking regulations shall apply to the District:

a.

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

2.

Off-Street Parking Changes.

a.

Changes in the 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 as contemplated in the shared parking arrangement;

iii.

The ratio of off-site parking required for eating and drinking establishments to be included a shared parking arrangement shall be 1 space per 600 square feet; and

b.

The applicant requesting the shared parking arrangement 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 Director. Lapse of a required lease agreement shall terminate the permit.

3.

No loading spaces shall be required in this District.

4.

No new curb cuts shall be permitted and existing curb cuts shall not be widened.

(Ord. No. 2017-64(17-O-1449), § 3, 11-6-17)