PRATT-PULLMAN LANDMARK DISTRICT REGULATIONS
The intent of the regulations for the Pratt-Pullman Landmark District is as follows:
1.
To preserve the architectural history of the district, which includes multiple industrial buildings constructed during two primary periods of development (1904-1906 and 1925-1927);
2.
To ensure that new construction is compatible with the existing historic buildings in the district;
3.
To encourage economic development that promotes a livable, sustainable neighborhood and city; and
4.
To preserve the historic character of the contributing buildings and features in the district so as to substantially promote the public health, safety and general welfare of the citizens of the City of Atlanta.
The scope of these regulations for the Pratt-Pullman 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 20T shall apply.
2.
All other statutes, rules, regulations, ordinances, or other governmentally adopted regulations pertaining to properties within this Pratt-Pullman Landmark District shall continue to apply. In the event of any conflict between said other regulations and the following regulations of this chapter 20, the interpretation provision set forth in section 16-20.011(c) of the Code of Ordinances shall govern.
The boundaries of the Pratt-Pullman Landmark District shall be as shown on the official zoning map adopted herewith entitled "Pratt-Pullman Landmark District."
The following general regulations shall apply to all properties within the Pratt-Pullman Landmark District, except where otherwise stated.
1.
General Criteria. The Commission shall apply the standards for the rehabilitation of contributing buildings set forth below only when the standards set forth elsewhere in Chapter 20T do not specifically address the application in whole or in part:
a.
The extant historic character of a property shall be retained and preserved.
b.
The removal of historic materials or alteration of features that characterize a property shall be avoided where feasible and where altered done so in a manner that does not significantly alter the overall contributing character of the structure.
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 contributing features in design, material, 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, if appropriate, shall be undertaken using the gentlest means possible.
h.
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
i.
Repair and replacement of historic materials should be replacements in kind where feasible.
j.
New additions, alterations, or related new construction shall not destroy historic materials that characterize the overall contributing character of the property. The new work shall be differentiated from the old of the contributing property and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
k.
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;
l.
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 additions to contributing structures and new structures in the primary view corridor(s) of contributing structures are compatible with the historic context in which they will reside. 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 the same as contributing buildings in the district or shall be compatible with, but differentiated from the contributing buildings in the district.
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.
Variances, special exceptions and administrative appeals. 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). Appeals from final decisions of the Commission regarding variances, special exceptions and administrative appeals shall be as provided for in Section 16-20.010.
4.
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; and
3.
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; and
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.
5.
Contributing Buildings/Structures. All brick and masonry buildings and structures constructed within the period of significance (1904-1927) shall be considered contributing to the District, including the brick and masonry portions of buildings to which metal buildings and/or sheds have been attached. In addition, the lateral transfer table structure and components thereof shall also be contributing to 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.
1.
Permitted Principal Uses and Structures: A building or premises shall only be used for the following principal purposes:
a.
Services/Retail.
i.
Banks, savings and loan associations, and similar institutions.
ii.
Barber shops, beauty shops, manicure shops and similar personal service establishments.
iii.
Drycleaners - drop off and pick up operation only.
iv.
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.
v.
Photocopying or blueprinting shops.
vi.
Professional or personal service establishments but not hiring halls.
vii.
Repair establishments for home appliances, bicycles, lawn mowers, shoes, clocks and similar articles and shall be conducted within fully enclosed buildings.
viii.
Retail establishments, including delicatessens, bakeries and catering establishments, not to exceed 10,000 square feet per establishment.
ix.
Showrooms used for the display and sale of merchandise stored off-site.
x.
Tailoring, custom dressmaking, millinery and similar establishments.
xi.
Small discount variety stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.
b.
Dining/Recreation.
i.
Commercial recreation establishments, including bowling alleys, theaters, convention halls, places of assembly, and similar uses.
ii.
Eating and drinking establishments, including outdoor dining and those licensed for the on-premises consumption of malt beverages, wine and/ or distilled spirits, but not nightclubs (as defined by Chapter 10. Alcoholic Beverages).
iii.
Farmer's markets, subject to provisions found in Section 16-29.001(32) of the Code.
iv.
Food trucks.
v.
Market gardens.
vi.
Microbreweries and microdistilleries.
vii.
Museums, galleries, auditoriums, libraries and other similar cultural facilities.
viii.
Urban gardens.
c.
Film/Art.
i.
Film, video, and music production and related supporting uses, including production equipment storage and distribution.
ii.
Public art, including structures for placement of public art.
d.
Education/Daycare/Schools.
i.
Business or commercial schools.
ii.
Childcare centers, day cares, kindergartens, and special schools.
iii.
Institutions of higher learning, including colleges and universities.
e.
Office/Hotel.
i.
Live work use, including home art studios and galleries.
ii.
Offices, studios, clinics (including veterinary if animals are kept within soundproof buildings), laboratories, similar uses but not blood donor stations.
iii.
Hotels and motels, provided that only one hotel and/or motel shall be permitted in this District without the issuance of a special use permit.
f.
Residential.
i.
Single-family, two-family and multi-family dwellings.
ii.
Short-term rentals, subject to the regulations in Atlanta City Code section 20-1001.
2.
Permitted Accessory Uses and Structures.
a.
Residential accessory uses and structures permitted within this District shall include those customarily accessory and clearly incidental to permitted principal uses and structures and specifically includes clubhouses, pools, and other recreation amenities, and parking to serve authorized residential uses within the District subject to the restrictions contained elsewhere in this chapter.
b.
Non-residential accessory uses and structures permitted within this District shall include those accessory and incidental to permitted non-residential principal uses and structures and specifically includes storage and support facilities for film, video, and music production to serve authorized non-residential uses within the District subject to the restrictions contained elsewhere in this chapter.
3.
Special Permits. The following uses shall require the issuance of a special use permit:
a.
Clubs and lodges.
b.
Hotels and motels to the extent one already exists in the District.
c.
Retail stores exceeding 10,000 square feet per establishment.
d.
Small discount variety stores exceeding 10,000 square feet, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.
4.
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.
(Ord. No. 2017-77(17-O-1668), 3(Att. C), 11-29-17; Ord. No. 2019-66(19-O-1504), §§ 26, 27, 12-11-19; Ord. No. 2021-60(21-O-0682), § 60, 12-15-21)
1.
Building Height.
a.
Maximum building height within the District shall be as follows:
i.
Within 50 feet from the back of curb of Rogers Street, the maximum building height shall be 40 feet;
ii.
Within the area between 50 feet and 70 feet from the back of curb of Rogers Street, the maximum building height shall be 70 feet; and
iii.
More than 70 feet from the back of curb of Rogers Street, the maximum building height shall be 90 feet.
b.
In addition to the limitations set forth in Section 16-20T.006(1)(a) above, directly between any contributing building and Rogers Street, the building height shall be limited to 28 feet for construction of any new buildings.
c.
The building heights permitted in this subsection are intended to be the maximums authorized but are subject to the other provisions of this District.
2.
Transitional Requirements.
a.
Transitional Height Plane. Where this District adjoins a district in the R-1 through R-5 classification without an intervening street, height within the District shall be limited as follows: No portion of any structure shall protrude through a height-limiting plane beginning 35 feet above the transitional yard nearest to the common district boundary and extending inward over this District at an angle of 45 degrees.
b.
Transitional Yards.
i.
Side Yard: Adjacent to an R1 through R-5 district without an intervening street, a 20-foot transitional side yard is required which shall not be paved or used for parking or servicing.
ii.
Rear Yard: Adjacent to an R1 through R5 district without an intervening street, a 20-foot transitional rear yard is required which shall not be paved or used for parking or servicing.
c.
Transitional Screening.
i.
Where a lot in this District adjoins a lot in a district in the R-1 through R-5 classification without an intervening street, opaque fencing or screening not less than six feet in height shall be provided and maintained in a sightly condition.
3.
Front, Side and Rear Yard Setbacks. The front yard setback shall be determined by the streetscape improvement requirements along Rogers Street. Minimum side and rear yard setbacks in this District shall be zero feet, except for the transitional requirements in Section 16-20T.006(2)(b).
4.
Sidewalks. Public sidewalks shall be located along all public streets and shall have minimum widths as specified herein.
a.
Sidewalk Zones. Sidewalks consist of two zones:
i.
A street furniture and tree-planting zone; and
ii.
A clear zone.
b.
Street Furniture Zone Requirements. The street furniture and tree-planting zone shall have a minimum width of five feet. Said zone shall be located immediately adjacent to the curb and shall be continuous. Said zone shall meet the tree planting requirements of subsection 16-20T.006(4)(d). In addition to the required planting of trees, this zone may also be used for the placement of street furniture including utility poles, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks, and similar elements in a manner that does not obstruct pedestrian access or motorist visibility.
c.
Clear Zone Requirements. The clear zone shall be a minimum width of eight feet. Said zone shall be located immediately contiguous to the street furniture and tree planting zone and shall be continuous. Said zone shall be hardscape and shall be unobstructed for a minimum height of eight feet except as authorized in subsection 16-20T.006(4)(d)
d.
Street Tree Planting Requirements. Street trees are required and shall be planted in the ground a maximum of 40 feet on center within the street furniture and tree-planting zone and spaced an equal distance between street lights. All newly planted trees shall be a minimum of three inches in caliper measured 36 inches above ground, shall be a minimum of 12 feet in height, shall have a minimum mature height of 40 feet, and shall be limbed up to a minimum height of seven feet. Trees shall have a minimum planting area of 32 square feet. All plantings, planting replacement, and planting removal must be approved by the city arborist. The area between required plantings shall be planted with evergreen ground cover such as mondo grass or liriope spicata or shall be paved as approved by the Director.
e.
Tree grates. Tree grates are not required where all sidewalk width requirements are met. Where tree grates are installed, they shall be a minimum of four feet by eight feet, shall be a type specified by the Director in accordance with uniform design standards utilized by the Director for placement of such objects in the public right-of-way, and shall be placed within the street furniture and tree-planting zone.
f.
Paving. All paving within the street furniture and tree planting zone shall be a type specified by the Director in accordance with uniform design standards utilized by the Director for placement of such objects in the public right-of-way.
g.
Nothing may be erected, placed, planted, or allowed to grow in such a manner as to impede visibility within visibility triangles at street intersections between the heights of two and one-half feet and eight feet above grade.
h.
No awning or canopy may encroach beyond the clear zone.
i.
Where property within this district abuts an R, RG, MR, PD-H or LW district without an intervening street, the sidewalk area within 20 feet of such districts shall taper as necessary to provide a smooth transition to the existing sidewalk on the adjacent property. In the event that the abutting district has no existing sidewalk, the sidewalk shall taper to a width of six feet.
j.
Decorative pedestrian lights, where installed, shall be placed a maximum of 60 feet on center and spaced equal distance, to the extent feasible, between required trees along all streets. Where installed, said lights shall be located within either the street furniture and tree-planting zone or the supplemental zone. All said lights shall be Atlanta Type "C" as approved by the Office of Zoning and Development.
k.
Trash receptacles, where installed, shall be a type specified by the Director in accordance with uniform design standards utilized by the Director for placement of such objects in the public right-of-way and shall be placed within the street furniture and tree-planting zone.
5.
Supplemental Zone. For purposes of these regulations, the area between any building, parking garage, or parking lot and the required sidewalk, when no intervening building exists, shall be defined as the supplemental zone. Supplemental zones shall meet the following requirements.
a.
Dimension. A minimum five-foot supplemental zone shall be required for residential uses. No supplemental zone shall be required for nonresidential uses.
b.
When sidewalk level residential units are provided, supplemental zone shall be landscaped with the exception of terraces, porches, stoops and walkways, which may occupy a maximum of two-thirds of the supplemental zone area.
c.
Residential terraces, porches and stoops shall have a maximum finished floor height of 24 inches above finished-grade, unless existing topographical considerations render this requirement unreasonable, subject to the provisions in subsection 16-25.002(3).
d.
The supplemental zone shall be no more than 24 inches above the adjacent public sidewalk for a minimum linear distance of 15 feet from the nearest edge of the adjacent public sidewalk, unless existing topographical considerations render this requirement unreasonable.
6.
Maximum lot coverage in the District shall not exceed 75 percent as measured across the entire District
7.
Building Massing and Placement.
a.
Directly between the contributing buildings and Rogers Street, only 50% of the linear north-south distance shall be occupied by permanent buildings or structures, excluding any existing buildings or structures.
b.
Notwithstanding the requirements of this District, previously existing structures in existence between 1904 and 1927 but no longer in existence may be reconstructed to their original footprints, height and massing 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.
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 16-20T.004(1).
ii.
The compatibility rule shall apply to a principal structure's general façade organization, proportion, scale, 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 materials for exterior framing, casing, and trim for windows and doors.
ii.
Painted glass and reflective glass, or other similarly treated fenestration shall not be permitted along façades abutting the public right-of-way.
c.
Façades.
i.
Building materials for the façades of principal structures shall be determined by the compatibility rule.
ii.
Painting of unpainted building materials and masonry for which painting is character defining and thus contributing is prohibited on contributing buildings.
iii.
All cleaning of stone, ceramic tile, and brick shall be done with mild detergents. Low pressure pressure washing is an approved method of physical treatment.
iv.
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.
d.
Fences, Walls and Retaining Walls.
i.
New fences and walls exceeding 42 inches in height are not permitted between the façade of the building and the public right-of-way except to accommodate outdoor dining.
ii.
Where permitted, new fences and walls (excluding retaining walls) shall not exceed a total combined height of six feet.
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.
ii.
Any security, decorative, or other lighting luminaries shall be located a minimum height of eight feet above the sidewalk, drive, or pedestrian area.
f.
Loading areas, Loading Dock Entrances, and Building Mechanical and Accessory Features.
i.
Dumpsters shall not be visible from the public right-of-way. Notwithstanding the visibility requirements noted above, all dumpsters shall be concealed with walls six feet in height.
ii.
Building mechanical and accessory features shall not be permitted between the principal building and the public right-of-way unless required by the applicable utility. If visible from the public right-of-way, the building mechanical and accessory features shall be screened.
g.
Loading space requirements. Minimum off-street loading spaces shall be provided according to the Pratt-Pullman Landmark District Loading Table. The residential and nonresidential loading requirements shall be met independently. All loading access ways and areas shall provide a minimum vertical clearance of 14 feet and shall not be located within the required sidewalk. Reduction of off-street loading requirements may be approved by the Director subject to a shared loading arrangement that avoids conflicting loading demands.
h.
Affordable housing. At least ten percent of the total residential rental units in the District shall be leased to households having an income, as certified by prospective tenant(s) at the time of execution of the applicable lease agreement that does not exceed 80 percent of area median income for the family size having the same number of persons as the subject household for the Atlanta-Sandy Springs-Marietta Georgia Department of Housing and Urban Development ("HUD") Metro Fair Market Rent Area (as published by HUD as of the date of the tenant's application). The monthly rent amount (including utilities and mandatory fees) for each affordable housing unit shall be no more than 30 percent of the household's monthly gross income as published periodically by HUD.
2.
Notwithstanding anything in the District to the contrary, structures rebuilt under Section 16-20T.006(7)(b) may be, but shall not be required to be, reconstructed using their original materials, architectural elements, fenestration patterns, roof form, and other exterior physical characteristics, where the applicant shows by archived evidence or sworn affidavit(s), and the commission finds, that such exterior physical characteristics existed on the former structure.
1.
The following Off-Street Parking regulations shall apply to the District:
a.
Parking Requirements. Off-street parking shall be as specified in the Pratt-Pullman Landmark District Parking Table and subject to the following:
2.
Parking Screening.
a.
Where off-street surface parking is provided between the building and the public right-of-way either:
i.
The off-street surface parking lot shall be screened from the adjacent public right-of-way and sidewalks a berm or vegetative screen at a minimum of 30 inches in height between the off-street surface parking lot and the adjacent public right-of-way. Driveway crossings, pedestrian and bike paths shall be permitted to interrupt the screening.
ii.
The off-street surface parking lot shall be located at least 30 inches below the public right-of-way and required sidewalk.
b.
Any parking structure facing the eastern boundary of the District shall be screened along the eastern façade.
3.
Bicycle Parking. Bicycle parking shall be required as provided in the Pratt-Pullman Bicycle Parking Table; provided, however, in the event there is a citywide bicycle parking standard established in the City of Atlanta zoning ordinance, the citywide bicycle parking standard shall supersede and replace the bicycle requirements in this District.
a.
Fixed bicycle rack standards shall be as follows:
i.
May not be inside a building but may be covered.
ii.
Must be publicly accessible and lit.
iii.
Must be accessible to a street or trail without the use of stairs.
iv.
Must include a metal anchor to secure the bicycle in conjunction with a lock.
v.
May not block the sidewalk and must be in the amenity zone.
vi.
Must be of a type specified by the City if located in the public right-of-way.
b.
Enclosed bicycle parking standards shall be as follows:
i.
May be enclosed storage lockers, a room in a building or in a parking structure.
ii.
Must be accessible to occupants, entrances and walkways.
iii.
Must be secure, weather resistant and lit.
iv.
Must be accessible to a street or trail without the use of stairs or elevators.
v.
No enclosed bicycle spaces shall be required for townhomes.
4.
Off-Street Parking Requirement Increases.
a.
Increases in the parking requirements may be approved by the Director based on the following criteria:
i.
Tenant demand for on-site uses;
ii.
Parking efficiency and utilization for onsite uses; and
iii.
Parking available off-site within one quarter-mile radius.
PRATT-PULLMAN LANDMARK DISTRICT REGULATIONS
The intent of the regulations for the Pratt-Pullman Landmark District is as follows:
1.
To preserve the architectural history of the district, which includes multiple industrial buildings constructed during two primary periods of development (1904-1906 and 1925-1927);
2.
To ensure that new construction is compatible with the existing historic buildings in the district;
3.
To encourage economic development that promotes a livable, sustainable neighborhood and city; and
4.
To preserve the historic character of the contributing buildings and features in the district so as to substantially promote the public health, safety and general welfare of the citizens of the City of Atlanta.
The scope of these regulations for the Pratt-Pullman 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 20T shall apply.
2.
All other statutes, rules, regulations, ordinances, or other governmentally adopted regulations pertaining to properties within this Pratt-Pullman Landmark District shall continue to apply. In the event of any conflict between said other regulations and the following regulations of this chapter 20, the interpretation provision set forth in section 16-20.011(c) of the Code of Ordinances shall govern.
The boundaries of the Pratt-Pullman Landmark District shall be as shown on the official zoning map adopted herewith entitled "Pratt-Pullman Landmark District."
The following general regulations shall apply to all properties within the Pratt-Pullman Landmark District, except where otherwise stated.
1.
General Criteria. The Commission shall apply the standards for the rehabilitation of contributing buildings set forth below only when the standards set forth elsewhere in Chapter 20T do not specifically address the application in whole or in part:
a.
The extant historic character of a property shall be retained and preserved.
b.
The removal of historic materials or alteration of features that characterize a property shall be avoided where feasible and where altered done so in a manner that does not significantly alter the overall contributing character of the structure.
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 contributing features in design, material, 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, if appropriate, shall be undertaken using the gentlest means possible.
h.
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
i.
Repair and replacement of historic materials should be replacements in kind where feasible.
j.
New additions, alterations, or related new construction shall not destroy historic materials that characterize the overall contributing character of the property. The new work shall be differentiated from the old of the contributing property and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
k.
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;
l.
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 additions to contributing structures and new structures in the primary view corridor(s) of contributing structures are compatible with the historic context in which they will reside. 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 the same as contributing buildings in the district or shall be compatible with, but differentiated from the contributing buildings in the district.
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.
Variances, special exceptions and administrative appeals. 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). Appeals from final decisions of the Commission regarding variances, special exceptions and administrative appeals shall be as provided for in Section 16-20.010.
4.
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; and
3.
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; and
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.
5.
Contributing Buildings/Structures. All brick and masonry buildings and structures constructed within the period of significance (1904-1927) shall be considered contributing to the District, including the brick and masonry portions of buildings to which metal buildings and/or sheds have been attached. In addition, the lateral transfer table structure and components thereof shall also be contributing to 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.
1.
Permitted Principal Uses and Structures: A building or premises shall only be used for the following principal purposes:
a.
Services/Retail.
i.
Banks, savings and loan associations, and similar institutions.
ii.
Barber shops, beauty shops, manicure shops and similar personal service establishments.
iii.
Drycleaners - drop off and pick up operation only.
iv.
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.
v.
Photocopying or blueprinting shops.
vi.
Professional or personal service establishments but not hiring halls.
vii.
Repair establishments for home appliances, bicycles, lawn mowers, shoes, clocks and similar articles and shall be conducted within fully enclosed buildings.
viii.
Retail establishments, including delicatessens, bakeries and catering establishments, not to exceed 10,000 square feet per establishment.
ix.
Showrooms used for the display and sale of merchandise stored off-site.
x.
Tailoring, custom dressmaking, millinery and similar establishments.
xi.
Small discount variety stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.
b.
Dining/Recreation.
i.
Commercial recreation establishments, including bowling alleys, theaters, convention halls, places of assembly, and similar uses.
ii.
Eating and drinking establishments, including outdoor dining and those licensed for the on-premises consumption of malt beverages, wine and/ or distilled spirits, but not nightclubs (as defined by Chapter 10. Alcoholic Beverages).
iii.
Farmer's markets, subject to provisions found in Section 16-29.001(32) of the Code.
iv.
Food trucks.
v.
Market gardens.
vi.
Microbreweries and microdistilleries.
vii.
Museums, galleries, auditoriums, libraries and other similar cultural facilities.
viii.
Urban gardens.
c.
Film/Art.
i.
Film, video, and music production and related supporting uses, including production equipment storage and distribution.
ii.
Public art, including structures for placement of public art.
d.
Education/Daycare/Schools.
i.
Business or commercial schools.
ii.
Childcare centers, day cares, kindergartens, and special schools.
iii.
Institutions of higher learning, including colleges and universities.
e.
Office/Hotel.
i.
Live work use, including home art studios and galleries.
ii.
Offices, studios, clinics (including veterinary if animals are kept within soundproof buildings), laboratories, similar uses but not blood donor stations.
iii.
Hotels and motels, provided that only one hotel and/or motel shall be permitted in this District without the issuance of a special use permit.
f.
Residential.
i.
Single-family, two-family and multi-family dwellings.
ii.
Short-term rentals, subject to the regulations in Atlanta City Code section 20-1001.
2.
Permitted Accessory Uses and Structures.
a.
Residential accessory uses and structures permitted within this District shall include those customarily accessory and clearly incidental to permitted principal uses and structures and specifically includes clubhouses, pools, and other recreation amenities, and parking to serve authorized residential uses within the District subject to the restrictions contained elsewhere in this chapter.
b.
Non-residential accessory uses and structures permitted within this District shall include those accessory and incidental to permitted non-residential principal uses and structures and specifically includes storage and support facilities for film, video, and music production to serve authorized non-residential uses within the District subject to the restrictions contained elsewhere in this chapter.
3.
Special Permits. The following uses shall require the issuance of a special use permit:
a.
Clubs and lodges.
b.
Hotels and motels to the extent one already exists in the District.
c.
Retail stores exceeding 10,000 square feet per establishment.
d.
Small discount variety stores exceeding 10,000 square feet, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.
4.
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.
(Ord. No. 2017-77(17-O-1668), 3(Att. C), 11-29-17; Ord. No. 2019-66(19-O-1504), §§ 26, 27, 12-11-19; Ord. No. 2021-60(21-O-0682), § 60, 12-15-21)
1.
Building Height.
a.
Maximum building height within the District shall be as follows:
i.
Within 50 feet from the back of curb of Rogers Street, the maximum building height shall be 40 feet;
ii.
Within the area between 50 feet and 70 feet from the back of curb of Rogers Street, the maximum building height shall be 70 feet; and
iii.
More than 70 feet from the back of curb of Rogers Street, the maximum building height shall be 90 feet.
b.
In addition to the limitations set forth in Section 16-20T.006(1)(a) above, directly between any contributing building and Rogers Street, the building height shall be limited to 28 feet for construction of any new buildings.
c.
The building heights permitted in this subsection are intended to be the maximums authorized but are subject to the other provisions of this District.
2.
Transitional Requirements.
a.
Transitional Height Plane. Where this District adjoins a district in the R-1 through R-5 classification without an intervening street, height within the District shall be limited as follows: No portion of any structure shall protrude through a height-limiting plane beginning 35 feet above the transitional yard nearest to the common district boundary and extending inward over this District at an angle of 45 degrees.
b.
Transitional Yards.
i.
Side Yard: Adjacent to an R1 through R-5 district without an intervening street, a 20-foot transitional side yard is required which shall not be paved or used for parking or servicing.
ii.
Rear Yard: Adjacent to an R1 through R5 district without an intervening street, a 20-foot transitional rear yard is required which shall not be paved or used for parking or servicing.
c.
Transitional Screening.
i.
Where a lot in this District adjoins a lot in a district in the R-1 through R-5 classification without an intervening street, opaque fencing or screening not less than six feet in height shall be provided and maintained in a sightly condition.
3.
Front, Side and Rear Yard Setbacks. The front yard setback shall be determined by the streetscape improvement requirements along Rogers Street. Minimum side and rear yard setbacks in this District shall be zero feet, except for the transitional requirements in Section 16-20T.006(2)(b).
4.
Sidewalks. Public sidewalks shall be located along all public streets and shall have minimum widths as specified herein.
a.
Sidewalk Zones. Sidewalks consist of two zones:
i.
A street furniture and tree-planting zone; and
ii.
A clear zone.
b.
Street Furniture Zone Requirements. The street furniture and tree-planting zone shall have a minimum width of five feet. Said zone shall be located immediately adjacent to the curb and shall be continuous. Said zone shall meet the tree planting requirements of subsection 16-20T.006(4)(d). In addition to the required planting of trees, this zone may also be used for the placement of street furniture including utility poles, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks, and similar elements in a manner that does not obstruct pedestrian access or motorist visibility.
c.
Clear Zone Requirements. The clear zone shall be a minimum width of eight feet. Said zone shall be located immediately contiguous to the street furniture and tree planting zone and shall be continuous. Said zone shall be hardscape and shall be unobstructed for a minimum height of eight feet except as authorized in subsection 16-20T.006(4)(d)
d.
Street Tree Planting Requirements. Street trees are required and shall be planted in the ground a maximum of 40 feet on center within the street furniture and tree-planting zone and spaced an equal distance between street lights. All newly planted trees shall be a minimum of three inches in caliper measured 36 inches above ground, shall be a minimum of 12 feet in height, shall have a minimum mature height of 40 feet, and shall be limbed up to a minimum height of seven feet. Trees shall have a minimum planting area of 32 square feet. All plantings, planting replacement, and planting removal must be approved by the city arborist. The area between required plantings shall be planted with evergreen ground cover such as mondo grass or liriope spicata or shall be paved as approved by the Director.
e.
Tree grates. Tree grates are not required where all sidewalk width requirements are met. Where tree grates are installed, they shall be a minimum of four feet by eight feet, shall be a type specified by the Director in accordance with uniform design standards utilized by the Director for placement of such objects in the public right-of-way, and shall be placed within the street furniture and tree-planting zone.
f.
Paving. All paving within the street furniture and tree planting zone shall be a type specified by the Director in accordance with uniform design standards utilized by the Director for placement of such objects in the public right-of-way.
g.
Nothing may be erected, placed, planted, or allowed to grow in such a manner as to impede visibility within visibility triangles at street intersections between the heights of two and one-half feet and eight feet above grade.
h.
No awning or canopy may encroach beyond the clear zone.
i.
Where property within this district abuts an R, RG, MR, PD-H or LW district without an intervening street, the sidewalk area within 20 feet of such districts shall taper as necessary to provide a smooth transition to the existing sidewalk on the adjacent property. In the event that the abutting district has no existing sidewalk, the sidewalk shall taper to a width of six feet.
j.
Decorative pedestrian lights, where installed, shall be placed a maximum of 60 feet on center and spaced equal distance, to the extent feasible, between required trees along all streets. Where installed, said lights shall be located within either the street furniture and tree-planting zone or the supplemental zone. All said lights shall be Atlanta Type "C" as approved by the Office of Zoning and Development.
k.
Trash receptacles, where installed, shall be a type specified by the Director in accordance with uniform design standards utilized by the Director for placement of such objects in the public right-of-way and shall be placed within the street furniture and tree-planting zone.
5.
Supplemental Zone. For purposes of these regulations, the area between any building, parking garage, or parking lot and the required sidewalk, when no intervening building exists, shall be defined as the supplemental zone. Supplemental zones shall meet the following requirements.
a.
Dimension. A minimum five-foot supplemental zone shall be required for residential uses. No supplemental zone shall be required for nonresidential uses.
b.
When sidewalk level residential units are provided, supplemental zone shall be landscaped with the exception of terraces, porches, stoops and walkways, which may occupy a maximum of two-thirds of the supplemental zone area.
c.
Residential terraces, porches and stoops shall have a maximum finished floor height of 24 inches above finished-grade, unless existing topographical considerations render this requirement unreasonable, subject to the provisions in subsection 16-25.002(3).
d.
The supplemental zone shall be no more than 24 inches above the adjacent public sidewalk for a minimum linear distance of 15 feet from the nearest edge of the adjacent public sidewalk, unless existing topographical considerations render this requirement unreasonable.
6.
Maximum lot coverage in the District shall not exceed 75 percent as measured across the entire District
7.
Building Massing and Placement.
a.
Directly between the contributing buildings and Rogers Street, only 50% of the linear north-south distance shall be occupied by permanent buildings or structures, excluding any existing buildings or structures.
b.
Notwithstanding the requirements of this District, previously existing structures in existence between 1904 and 1927 but no longer in existence may be reconstructed to their original footprints, height and massing 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.
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 16-20T.004(1).
ii.
The compatibility rule shall apply to a principal structure's general façade organization, proportion, scale, 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 materials for exterior framing, casing, and trim for windows and doors.
ii.
Painted glass and reflective glass, or other similarly treated fenestration shall not be permitted along façades abutting the public right-of-way.
c.
Façades.
i.
Building materials for the façades of principal structures shall be determined by the compatibility rule.
ii.
Painting of unpainted building materials and masonry for which painting is character defining and thus contributing is prohibited on contributing buildings.
iii.
All cleaning of stone, ceramic tile, and brick shall be done with mild detergents. Low pressure pressure washing is an approved method of physical treatment.
iv.
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.
d.
Fences, Walls and Retaining Walls.
i.
New fences and walls exceeding 42 inches in height are not permitted between the façade of the building and the public right-of-way except to accommodate outdoor dining.
ii.
Where permitted, new fences and walls (excluding retaining walls) shall not exceed a total combined height of six feet.
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.
ii.
Any security, decorative, or other lighting luminaries shall be located a minimum height of eight feet above the sidewalk, drive, or pedestrian area.
f.
Loading areas, Loading Dock Entrances, and Building Mechanical and Accessory Features.
i.
Dumpsters shall not be visible from the public right-of-way. Notwithstanding the visibility requirements noted above, all dumpsters shall be concealed with walls six feet in height.
ii.
Building mechanical and accessory features shall not be permitted between the principal building and the public right-of-way unless required by the applicable utility. If visible from the public right-of-way, the building mechanical and accessory features shall be screened.
g.
Loading space requirements. Minimum off-street loading spaces shall be provided according to the Pratt-Pullman Landmark District Loading Table. The residential and nonresidential loading requirements shall be met independently. All loading access ways and areas shall provide a minimum vertical clearance of 14 feet and shall not be located within the required sidewalk. Reduction of off-street loading requirements may be approved by the Director subject to a shared loading arrangement that avoids conflicting loading demands.
h.
Affordable housing. At least ten percent of the total residential rental units in the District shall be leased to households having an income, as certified by prospective tenant(s) at the time of execution of the applicable lease agreement that does not exceed 80 percent of area median income for the family size having the same number of persons as the subject household for the Atlanta-Sandy Springs-Marietta Georgia Department of Housing and Urban Development ("HUD") Metro Fair Market Rent Area (as published by HUD as of the date of the tenant's application). The monthly rent amount (including utilities and mandatory fees) for each affordable housing unit shall be no more than 30 percent of the household's monthly gross income as published periodically by HUD.
2.
Notwithstanding anything in the District to the contrary, structures rebuilt under Section 16-20T.006(7)(b) may be, but shall not be required to be, reconstructed using their original materials, architectural elements, fenestration patterns, roof form, and other exterior physical characteristics, where the applicant shows by archived evidence or sworn affidavit(s), and the commission finds, that such exterior physical characteristics existed on the former structure.
1.
The following Off-Street Parking regulations shall apply to the District:
a.
Parking Requirements. Off-street parking shall be as specified in the Pratt-Pullman Landmark District Parking Table and subject to the following:
2.
Parking Screening.
a.
Where off-street surface parking is provided between the building and the public right-of-way either:
i.
The off-street surface parking lot shall be screened from the adjacent public right-of-way and sidewalks a berm or vegetative screen at a minimum of 30 inches in height between the off-street surface parking lot and the adjacent public right-of-way. Driveway crossings, pedestrian and bike paths shall be permitted to interrupt the screening.
ii.
The off-street surface parking lot shall be located at least 30 inches below the public right-of-way and required sidewalk.
b.
Any parking structure facing the eastern boundary of the District shall be screened along the eastern façade.
3.
Bicycle Parking. Bicycle parking shall be required as provided in the Pratt-Pullman Bicycle Parking Table; provided, however, in the event there is a citywide bicycle parking standard established in the City of Atlanta zoning ordinance, the citywide bicycle parking standard shall supersede and replace the bicycle requirements in this District.
a.
Fixed bicycle rack standards shall be as follows:
i.
May not be inside a building but may be covered.
ii.
Must be publicly accessible and lit.
iii.
Must be accessible to a street or trail without the use of stairs.
iv.
Must include a metal anchor to secure the bicycle in conjunction with a lock.
v.
May not block the sidewalk and must be in the amenity zone.
vi.
Must be of a type specified by the City if located in the public right-of-way.
b.
Enclosed bicycle parking standards shall be as follows:
i.
May be enclosed storage lockers, a room in a building or in a parking structure.
ii.
Must be accessible to occupants, entrances and walkways.
iii.
Must be secure, weather resistant and lit.
iv.
Must be accessible to a street or trail without the use of stairs or elevators.
v.
No enclosed bicycle spaces shall be required for townhomes.
4.
Off-Street Parking Requirement Increases.
a.
Increases in the parking requirements may be approved by the Director based on the following criteria:
i.
Tenant demand for on-site uses;
ii.
Parking efficiency and utilization for onsite uses; and
iii.
Parking available off-site within one quarter-mile radius.