The intent of the regulations for the Bonaventure-Somerset Historic District ("the District") is:

(1)

To preserve the overall architectural history and character of the buildings that were constructed in the District during the 1910-1935 development period, and to ensure that additions, alterations, and renovations to those buildings are consistent with the historic character of the individual structure;

(2)

To preserve the District's historic development patterns characterized primarily by single-family houses and multifamily buildings;

(3)

To retain the predominant historic and existing architectural forms and styles of the District, including Bungalow, Duplex, American Small House, American Foursquare, Single Building Apartment, and Garden/Courtyard Apartment forms; and Craftsman, Neoclassical Revival, Colonial Revival, Mediterranean Revival, and Italian Renaissance Revival styles;

(4)

To preserve the historic and as-built physical site planning patterns of the District, including spatial relationships between buildings, and between buildings and the public street;

(5)

To prevent the subdivision or aggregation of existing lots in any manner that would disrupt the historic platting pattern, lot sizes, and spatial relationships established during the 1910-1935 development period, or otherwise detract from the identified historic qualities of the District;

(6)

To encourage neighborhood revitalization and prevention of displacement of residents;

(7)

To ensure all new construction observes the general setbacks, height, scale and massing of the original and historic development and site planning patterns;

(8)

To ensure the construction of new principal structures is either compatible with the historic and existing architectural character of the District and is internally consistent to the identified predominant architectural forms and styles; or is of an architectural style that is internally consistent and clearly contemporary in style;

(9)

To encourage containment of existing commercial areas and discourage encroachment of the commercial areas into the District; and

(10)

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

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

The scope of the regulations for the Bonaventure-Somerset Historic District is:

(1)

The existing City of Atlanta zoning map and all City of Atlanta zoning regulations that apply to properties within the Bonaventure-Somerset Historic District shall remain in effect. The Bonaventure-Somerset Historic District zoning regulations (Chapter 20U of the City of Atlanta Zoning Ordinance) shall be overlaid upon and be in addition to the existing City of Atlanta zoning regulations. Whenever the Bonaventure-Somerset Historic District zoning regulations are different from the existing zoning regulations already in effect, the Bonaventure-Somerset Historic District zoning regulations (Chapter 20U) shall apply.

(2)

The Bonaventure-Somerset Historic District zoning regulations (Chapter 20U) are composed of general regulations that apply to the entire Bonaventure-Somerset Historic District within the stated boundaries.

(3)

Except where it is otherwise explicitly provided, the provisions of Chapter 20 of the City of Atlanta Zoning Ordinance shall apply to Bonaventure-Somerset Historic District (Chapter 20U). Whenever the Bonaventure-Somerset Historic District zoning regulations (Chapter 20U) conflict with Chapter 20 of the City of Atlanta Zoning Ordinance, the Bonaventure-Somerset Historic District zoning regulations (Chapter 20U) shall apply.

(4)

All other statutes, rules, regulations, ordinances, or other governmentally adopted regulations that apply to properties within the Bonaventure-Somerset Historic District (Chapter 20U) shall remain in effect. Whenever other governmentally adopted regulations conflict with the Bonaventure-Somerset Historic District zoning regulations (Chapter 20U), the interpretation provision in Section 16-20.011 of the City of Atlanta Zoning Ordinance shall govern.

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

The boundaries of the Bonaventure-Somerset Historic District constitute an overlay Historic District (HD) zoning district, which shall be as shown on the official City of Atlanta zoning map adopted herewith entitled "Bonaventure-Somerset Historic District."

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

The following definitions shall apply to the Bonaventure-Somerset Historic District only. If a term is not defined below, then the definitions in Chapter 20 and 29 of the City of Atlanta Zoning Ordinance shall govern:

(1)

Additions: Additions are any change to an existing structure where additional square footage is added to the structure by expanding the exterior envelope of the structure.

(2)

Alterations: Alterations are any change to an existing structure that does not add additional square footage to the existing heated space and does not move exterior walls. Examples of alterations include, but are not limited to, window replacement, siding replacement, front porch railing/column replacement, etc.

(3)

Block: Both sides of the street where the property is located between the two closest intersections.

(4)

Block Face: The same side of the street where the property is located between the two closest intersections.

(5)

Certificates of Appropriateness: City of Atlanta applications used to review design, development and construction activities on properties or districts designated as Historic and Landmark by the City of Atlanta.

(6)

Demolition: Demolitions are the complete removal of a structure or the removal of more than 50 percent of a structure. Partial Demolition: Partial demolition are the removal or destruction of up to 50 percent of an existing structure.

(7)

District right-of-way: The following streets shall be considered District right-of-way: Bonaventure Avenue, Somerset Terrace, Ponce De Leon Avenue, and North Avenue.

(8)

Historic/Contributing Building: A building, also known as a contributing structure, that reinforces the visual integrity or historic interpretability of the Bonaventure-Somerset Historic District.

(9)

Non-Historic/Non-contributing Building: A building, also known as a non-contributing structure, that does not reinforce the visual integrity or historic interpretability of the Bonaventure-Somerset Historic District.

(10)

Original: Part of the building or structure since its initial construction.

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

The overlay zoning regulations for the Bonaventure-Somerset Historic District consist of seven sections:

(1)

Section .006: General Regulations and Design Review Procedures that apply to all properties located within this District.

(2)

Section .007: Specific regulations that apply to Historic/Contributing Buildings.

(3)

Section .008: Specific regulations that apply to Non-Historic/Non-contributing Buildings.

(4)

Section .009: Specific regulations that apply to New Principal Structures.

(5)

Section .010: Specific regulations that apply to Multifamily Buildings.

(6)

Section .011: Specific regulations that apply to Accessory Structures and Uses.

(7)

Section .012: Specific regulations that apply to Site Features.

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

The following general regulations and design review procedures shall apply to all properties in the District.

(1)

Certificates of appropriateness. City of Atlanta applications used to review design, development and construction activities on properties or districts designated as Historic and Landmark by the City of Atlanta.

a.

Type I certificates of appropriateness for ordinary repairs and maintenance shall not be required in this District. A certificate of appropriateness shall not be required if a building permit is not required for such work within this District. Painting or repainting of any structure or portion thereof does not require a certificate of appropriateness, but must comply with Section 16.20U.007(1)(f) about painting unpainted historic masonry surfaces.

b.

Type II certificates of appropriateness shall be required from the Director of the Urban Design Commission ("Director") for the following activities:

i.

All exterior alterations to existing structures where visible from a District right-of-way;

ii.

Dormer additions and gable additions which are no higher than the ridgeline of the principal structure and at least maintain the setbacks of the principal structure;

iii.

Roof plane extensions and that least maintain the side yard setbacks of the principal structure;

iv.

Rear additions which are no higher than the ridgeline of the principal structure and at least maintain the side yard setbacks of the principal structure;

v.

New accessory structures;

vi.

Fences, walls, and retaining walls in front yards or yards adjacent to a District right-of-way;

vii.

Decks, walkways, driveways, and other paving; and

viii.

Replats, subdivisions, and consolidations.

If the proposed activity meets the applicable District regulations, the director of the Commission shall issue a Type II certificate within 14 days of the application. If the proposed activity does not meet the applicable District regulations, the director of the Commission shall deny the application with notice to the applicant within 14 days of the application. Appeals from a decision of the director of the Commission about a Type II certificate of appropriateness by any aggrieved person shall be processed as prescribed in the appeals portion of Section 20.008(a) of the City of Atlanta Zoning Ordinance.

c.

Type III certificates of appropriateness shall be required from the Urban Design Commission ("Commission") for the following activities:

i.

All new principal structures;

ii.

Additions to the side of a principal structure, second story additions, and all other additions not referenced in section 16-20U.006(1)(b) of the District regulations;

iii.

All additions or alterations to multifamily buildings, with the exception of ordinary repair and maintenance.

iv.

Revisions to previously approved plans that result in an increase in the floor area ratio, lot coverage, or height; or an expansion of the building footprint, not including additions referenced in Section 16-20U.006(1)(b) of the District regulations; and

v.

Variances and special exceptions.

d.

Type IV certificates of appropriateness shall be required for demolition or moving of any historic/contributing principal building. A partial demolition of a historic/contributing principal building shall require a Type IV certificate of appropriateness only when the partial demolition will result in the loss of significant architectural features that destroys the building's historic interpretability or importance to the District.

(2)

Variances and Special Exceptions. Variances and special exceptions from the Bonaventure-Somerset Historic District regulations shall be heard by the Commission. The Commission shall have the authority to grant or deny variances or special exceptions from the provisions of the District when, due to special conditions, a literal enforcement of its provisions in a particular case will result in unnecessary hardship. The procedures, standards, and criteria for decisions regarding such variances and special exceptions shall be as specified in Chapter 26 of the City of Atlanta Zoning Ordinance.

a.

Zoning Variances Granted Prior to Enactment of the Bonaventure-Somerset Historic District (Chapter 20U). Any owner of property who obtained, on or after January 1, 1982, and prior to the effective date of the Bonaventure-Somerset Historic District (Chapter 20U), a variance from the City of Atlanta Board of Zoning Adjustment to construct all, or a portion, of a project in the District, shall be entitled to construct said project according to the plans presented in that application.

(3)

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 other equally important objectives of 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.

The burden of proving economic hardship by a preponderance of the evidence shall be on the applicant.

c.

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

i.

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

ii.

The age of the property owner;

iii.

The length of time the property owner has resided in the neighborhood or in the residence for which the exemption is sought;

iv.

The availability of other sources of funds that are appropriate to the circumstances of the applicant, including loans, grants, and tax abatements;

v.

The costs associated with adherence to these regulations;

vi.

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

vii.

The purpose and intent of this Chapter.

d.

The Commission shall consider these factors. If it finds that the applicant's economic hardship outweighs the need for strict adherence to these regulations it shall grant an exemption, in whole or in part, as appropriate.

(4)

Subdivisions, Consolidations, and Replatting of Lots. The platting pattern of the Bonaventure-Somerset Historic District is an integral part of the historic character of the District. No subdivision, consolidation, or replat shall be approved by the City of Atlanta unless it can be shown through archival documentation or maps that the proposal is substantially consistent with the original platting pattern of the District. In addition to the regulations of the City of Atlanta Subdivision and Zoning Ordinances, including but not limited to Sections 15-08.002(a)(2) and 15-08.005(d)(6), all subdivisions, consolidations and replats of lots shall conform to the original platting pattern in the District with regard to the area of the lot, dimensions, and configurations, except contributing multifamily properties may be consolidated with other immediately adjacent contributing multifamily properties.

(5)

The Compatibility Rule. To permit flexibility and to ensure alterations to existing structures and the design of new structures are sensitive to and sympathetic toward the existing character of the District, some regulations are made subject to the compatibility rule, which states: "The elements in question (roof form, architectural trim, etc.) shall match the predominant original or historic elements of the historic/contributing buildings of like use on the same block. If there is not a predominant original or historic element on the same block, the element in question shall be consistent with the architectural style of the structure. Where quantifiable, the element in question (i.e., building height and width as measured at front façade, floor height, lot dimensions, etc.), shall be no smaller than the smallest or larger than the largest such dimension of the historic/contributing buildings of like use on the same block." Those elements that the compatibility rule applies to are specified in the District regulations by reference to "compatibility rule."

(6)

Rebuilding of Structures and Features. After a partial or complete destruction of an entire structure or any portions of a structure due to fire, tree fall damage, or other un-intentional causes, for the purposes of zoning compliance, the previously existing structure or portion of structure may be rebuilt to its previously existing exterior condition in all respects, including but not limited to height, setbacks, location, lot coverage, building components, architectural elements, and general design. If the structure or portions of a structure are not rebuilt to their previously existing exterior condition, all aspects of the new structure or new portions of an existing structure shall meet the Bonaventure-Somerset Historic District regulations and all applicable City of Atlanta Zoning regulations.

(7)

Height Calculation. The height of any structure shall be measured on the front facade from the average point of grade on the front façade to the highest point of the roof or façade, whichever is higher.

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

The following regulations shall apply to alterations and additions to existing Historic/Contributing buildings.

(1)

Alterations:

a.

Windows and doors:

i.

Replacement windows and doors shall match the size, light pattern, and function of the original historic windows or doors. If the original or historic windows and doors are not present or the design is not known, replacement windows and doors shall be a design consistent with the architectural style and age of the building.

ii.

All replacement windows with light divisions shall have true divided lights or simulated divided lights. Exterior light divisions must be permanently affixed to the exterior of the glass.

iii.

If replacement of two or fewer non-historic windows is required due to a material defect or unintentional damage, that existing non-historic window(s) may be also replaced with window(s) that match the existing non-historic window(s) in all characteristics.

iv.

The replacement and reconfiguration of windows on the side elevations to accommodate kitchens and bathrooms is permitted.

v.

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

vi.

New or replacement doors shall be wood panel or fixed glass in a wood panel, subject to the compatibility rule and shall be consistent with the architectural style of the building.

vii.

Skylights are permitted on roof slopes not visible from a District right-of-way whenever possible. Protruding bubble skylights are not permitted.

b.

Siding and façade materials: Replacement siding and façade materials shall be compatible with the original or historic materials. If the original or historic siding and façade materials are not present, the replacement siding and façade materials shall be consistent with the existing architectural style of the building or what was removed.

c.

Ornamentation: Installation of architectural ornaments, such as brackets, decorative trim, corner boards, bottom boards, fascia boards, porch railing, columns, steps, doors, half-timbering, and attic vents, where none previously existed shall be permitted and shall meet the compatibility rule.

d.

Original or historic architectural elements, including chimneys, shall be retained.

e.

Original or historic awnings or canopies shall be retained, and new awnings or canopies may be installed if they are consistent with the architectural style of the building.

f.

Painting of unpainted masonry surfaces: The painting of unpainted masonry surfaces shall be permitted via the use of a paint product specified for use on exterior masonry surfaces. The color of the paint used shall not be regulated. Except for allowed painting, original or historic masonry surfaces shall not be covered or coated in any other way.

g.

Original or Historic Front or Side Porches: Existing porches shall be retained and may be enclosed with screen wire or glass provided that the original or historic features of the porch, including balustrades, rails, headers, and columns, are retained and not obscured by the enclosure material.

h.

Non-Original or Non-Historic Front or Side Porches: Porches may be repaired, replaced, or otherwise maintained to retain their previously existing appearance and components.

i.

Side porches: Shall be permitted and shall be consistent with the architectural style of the building with setbacks that meet the compatibility rule.

j.

Decks: Shall be permitted on the rear façade of the principal building and shall not project past the side facades of the principal structure.

k.

All other alterations shall be consistent with the architectural style of the building and shall meet the compatibility rule.

(2)

Dormer and gable additions:

a.

Where visible from a District right-of-way, shall be consistent with the architectural style of the building;

b.

Where visible from a District right-of-way, roof form, windows, doors, and architectural elements, and ornamentation shall be consistent with the architectural style of the building;

c.

The existing eave lines of the building shall be retained;

d.

As measured at the dormer or gable addition, the resulting overall height of the building shall meet the compatibility rule on Bonaventure Avenue and shall not exceed 30 feet on Somerset Terrace; and

e.

Side yard and rear yard setbacks shall be no closer than the respective setbacks of the existing building.

(3)

Rear additions:

a.

Shall be no higher than the existing ridgeline;

b.

Side yard setbacks shall be no closer than the respective setback of the existing building;

c.

Rear yard setbacks shall match the underlying zoning; and

d.

If visible from a District right-of-way, building materials, architectural elements, and ornamentation shall be internally consistent with the architectural style of the addition.

(4)

Roof plane extensions:

a.

On properties with a side gabled principal roof, the front roof plane may be extended if the existing roof form and pitch is maintained;

b.

Where visible from a District right-of-way, windows, doors, and architectural elements, and ornamentation shall be consistent with the architectural style of the building;

c.

The existing eave lines of the building shall be retained;

d.

As measured at the roof plane extension, the resulting overall height of the building shall meet the compatibility rule on Bonaventure Avenue and shall not exceed 30 feet on Somerset Terrace; and

e.

Side yard and rear yard setbacks shall be no closer than the respective setbacks of the existing building.

(5)

Second story additions:

a.

Shall be secondary in design to the existing building;

b.

Shall be set back a minimum of 1/4 the depth of the building measured from the frontmost wall of the building (excluding any front porch, open or enclosed), or 10 feet measured from the front-most wall of the building (excluding any front porch, open or enclosed), whichever is less.

c.

Shall contain a plate height (distance from subfloor to the top of the framed wall) that does not exceed the plate height of the story beneath the proposed addition;

d.

Where visible from a District right-of-way, windows, doors, architectural elements, and ornamentation shall be consistent with the architectural style of the building;

e.

The existing eave lines of the building shall be retained;

f.

The roof form and pitch shall match the form of both the principal roof and any secondary gables on the front facade;

g.

Side yard and rear yard setbacks shall be no closer than the respective setbacks of the existing building; and

h.

As measured at the second story addition, the resulting overall height of the building shall meet the compatibility rule on Bonaventure Avenue and shall not exceed 30 feet on Somerset Terrace.

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

The following regulations shall apply to alterations and additions to existing Non-Historic/Non-Contributing buildings.

(1)

Alterations and additions shall comply with one of the following options:

a.

Alterations and additions shall be consistent with the architectural style of the existing building, and additions shall not be wider or taller than the existing building; OR

b.

Alterations and additions shall increase the compatibility of the building with the District by incorporating a single architectural style exhibited by the original or historic features of historic/contributing buildings on the block face and the resulting maximum height shall meet the compatibility rule; OR

c.

Alterations and additions shall comply with the requirements of Section 16-20U.009(3) Contemporary Architectural Forms and Styles in the Bonaventure-Somerset Historic District regulations and the resulting maximum height shall meet the compatibility rule; OR

d.

Second story additions shall comply with the requirements of Section 16-20U.007(5) Second Story Additions in the Bonaventure-Somerset Historic District regulations and the resulting maximum height shall meet the compatibility rule.

(2)

Side yard and rear yard setbacks shall be no closer than the respective setbacks of the existing building.

(3)

Maximum lot coverage shall not exceed 55 percent of total lot area, but shall not include pervious portions of decks, pervious paving materials, or pervious pavers.

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

The construction of new principal structures shall meet all of the General Design Regulations in Section 16-20U.009(1) and EITHER the regulations for Original and Historic Architectural Forms and Styles in Section 16-20U.009(2) OR for Contemporary Architectural Form and Styles in Section 16-20U.009(3), but not a combination of both.

(1)

General Design Regulations:

a.

Front yard setbacks: Shall meet the compatibility rule.

b.

Side yards setbacks: Shall meet the compatibility rule or shall conform to the underlying zoning regulations.

c.

Rear yard setbacks: Shall be a minimum of seven feet or shall conform to the underlying zoning regulations.

d.

Building Height: Shall meet the compatibility rule.

e.

Maximum lot coverage: Lot coverage shall not exceed 55 percent of total lot area, but shall not include pervious portions of decks, pervious paving materials, or pervious pavers.

f.

Maximum Floor Area Ratio: Shall be 50 percent of the net lot area.

g.

Shall have a front door facing the street, subject to the compatibility rule.

h.

The maximum height of the first floor above the surrounding grade shall meet the compatibility rule.

(2)

Original and Historic Architectural Forms and Styles: The following regulations shall apply to those facades which are visible from a District right-of-way:

a.

Building facades:

i.

Shall be an architectural style of a historic/contributing building of like use on the block face.

ii.

Shall have a front porch facing and parallel to the street.

b.

Building materials, architectural elements, and ornamentation shall meet the compatibility rule and shall be internally consistent with the architectural style.

c.

Windows and doors:

i.

The ratio of window and door opening area to wall area shall meet the compatibility rule and shall be internally consistent with the architectural style.

ii.

The scale, size, proportion, and location of all window and doors openings shall meet the compatibility rule and shall be internally consistent with the architectural style.

d.

Siding and Façade Sheathing:

i.

Shall meet the compatibility rule and shall be internally consistent with the architectural style. Brick, brick veneer, true stucco, wood or smooth faced cementitious shingles, or horizontal wood or smooth faced cementitious lap siding are permissible building materials for the facades.

e.

Foundation:

i.

Slab on grade, raised slab, or turn-down slab foundations are not permitted.

ii.

Foundation material shall meet the compatibility rule and shall be internally consistent with the architectural style.

f.

Roofs and roof materials:

i.

Form and pitch, as well as ridge, overhang, and soffit construction shall meet the compatibility rule and shall be internally consistent with the architectural style.

ii.

Clay tile, slate, composition asphalt shingles, fiberglass shingles, and metal shingles are permissible roofing materials.

iii.

Membrane or cold-rolled roofing is permitted only on roofs not visible from a District right-of-way. Corrugated roofing materials are not permitted.

g.

Chimneys:

i.

When any portion of a chimney is a façade element, the chimney shall originate at grade.

ii.

Exterior portions of chimneys shall be faced with brick, brick veneer, or true stucco. Siding on chimneys is not permitted.

h.

Porches:

i.

Porches shall be required. The dimensions, location, and shape shall meet the compatibility rule and shall be internally consistent with the architectural style.

ii.

Required porches shall contain balustrades, columns, and other features shall meet the compatibility rule and shall be internally consistent with the architectural style. The height of the top rail shall be no higher than the bottom sill of the front façade windows. Additional height needed to meet building codes shall be attained by using a simple railing extension.

i.

Shutters:

i.

Shutters may be used if they are internally consistent with the architectural style. Shutters shall be operable, or appear operable, and shall fit the size of the window.

j.

Decks and Balconies:

i.

Decks shall be permitted at the rear of the principal structure and shall not project past the side façade of the principal structure. Decks shall be permitted at any level.

ii.

Balconies shall be permitted on any façade if it is internally consistent with the architectural style.

(3)

Contemporary Architectural Forms and Styles: The following regulations shall apply to those facades which are visible from a District right-of-way:

a.

Building materials, architectural elements, and ornamentation shall be internally consistent with the architectural style.

b.

Windows and doors:

i.

The ratio of window and door opening area to wall area shall be internally consistent with the architectural style.

ii.

The scale, size, proportion, and location of all window and doors openings shall be internally consistent with the architectural style.

c.

Siding and Façade Sheathing: Shall be internally consistent with the architectural style. Brick, brick veneer, stone, true stucco, wood or smooth faced cementitious shingles, wood or smooth faced cementitious lap siding, or smooth faced cementitious panels are permissible building materials for facades.

d.

Foundation materials: Shall be internally consistent with the architectural style.

e.

Roofs and roof materials:

i.

Form and pitch, as well as ridge, overhang, and soffit construction shall be internally consistent with the architectural style.

ii.

Clay tile, slate, composition asphalt shingles, fiberglass shingles, metal shingles, and metal panels are permissible roofing materials. Membrane or cold-rolled roofing is permitted only on roofs not visible from a District right-of-way. Corrugated roofing materials are not permitted.

f.

Chimneys:

i.

When any portion of a chimney is a façade element, the chimney shall originate at grade.

ii.

Exterior portions of chimneys shall be faced with brick, brick veneer, or true stucco. Siding on chimneys is not permitted.

g.

Shutters shall not be permitted.

h.

Decks and Balconies:

i.

Decks shall be permitted at the rear of the principal structure and at any level.

ii.

Balconies shall be permitted on any façade if it is internally consistent with the architectural style.

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

(1)

For the purposes of the Bonaventure-Somerset Historic District regulations, multifamily buildings are defined as those buildings containing eight or more living units.

(2)

Alterations to historic/contributing multifamily buildings shall follow the Bonaventure-Somerset Historic District regulations for historic/contributing buildings found in Section 16-20U.007(1).

(3)

Additions to historic/contributing multifamily buildings shall:

a.

Be consistent with the architectural style of the existing building OR shall comply with the requirements of Section 16-20U.009(3) in the Bonaventure-Somerset Historic District regulations.

b.

Be to the side or rear of the existing building.

c.

Not exceed 35 feet in height.

d.

Be set back a minimum of 1/3 the depth of the structure measured from the front-most wall of the structure (excluding any front porch), or 15 feet measured from the front-most wall of the structure (excluding any front porch), whichever is greater.

e.

Rear and side yard setbacks shall be a minimum of seven (7) feet.

f.

Maximum lot coverage: The resulting lot coverage shall not exceed 55 percent of total lot area, but shall not include pervious portions of decks, pervious paving materials or pavers.

(4)

Alterations and additions to non-historic/non-contributing multifamily buildings shall follow the Bonaventure-Somerset Historic District regulations for non-historic/non-contributing buildings found in Section 16-20U.008.

(5)

New multifamily buildings shall follow the Bonaventure-Somerset Historic District regulations for new principal structures found in Section 16-20U.009, except as follows:

a.

Building height shall not exceed a maximum of 35 feet, except for properties with frontage along Ponce de Leon Avenue, for which the maximum height shall be 60 ft.

b.

Side and rear yard setbacks shall be a minimum of seven feet.

c.

Front porches shall not be required.

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

These regulations permit uses and structures that are customarily incidental and subordinate to permitted principal uses, structures, and buildings. These include but are not limited to the following, subject to limitations and regulations in the Bonaventure-Somerset Historic District or elsewhere in the City of Atlanta Zoning Ordinance:

(1)

Accessory Dwelling Unit (ADUs): Where an accessory building is used as a detached single-family dwelling (also known as an ADU), the following limits shall apply:

a.

The ADU shall not exceed 1,200 square feet or 50 percent of the area of the principal building, whichever is less.

b.

For the purposes of Sec.16-20U.011(6)(e) below, which limits the total allowable area of the accessory building to 40 percent of the principal building, the square footage of the accessory dwelling unit shall not be included when calculating the total area of the accessory building.

(2)

Greenhouses, garden sheds, private garages, and similar structures.

(3)

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

a.

Such active recreation facilities in any yard, required or other, adjacent to a street shall require a special exception from the Urban Design Commission, which special exception shall be granted only upon finding that:

i.

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

ii.

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

b.

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.

(4)

Home occupations, subject to limitation set forth in section 16-29.001(17) of the City of Atlanta Zoning Ordinance.

(5)

Structures necessary for active construction projects.

(6)

Devices for the generation of energy, such as solar panels, wind generators and similar devices, electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE, but not located in or to the front of the principal structure.

(7)

All permitted accessory uses and structures shall comply with the following:

a.

Except in the case of home occupation, no accessory use shall be of a commercial nature.

b.

Shall be not constructed until construction of the principal structure has actually begun and shall not be used or occupied until the principal structure is completed and in use.

c.

Shall not cover more than 25 percent of the rear yard.

d.

Shall be placed behind the principal structure; side and rear setbacks shall not be less than three feet. Accessory dwelling units shall also not be any closer to the principal structure then any existing adjacent accessory dwelling unit if one exists.

e.

Shall not contain a total floor area greater than 40 percent of the floor area of the principal structure.

f.

Shall not exceed 20 feet in height, except structures with accessory dwelling units shall not exceed 25 feet in height.

g.

Maximum Lot Coverage: The resulting lot coverage shall not exceed 55 percent of total lot area, but shall not include pervious portions of decks, pervious paving materials or pavers.

h.

Except as noted in Section 16-20U.011 in the District regulations, accessory structures shall not be subject to architectural design requirements of the Bonaventure-Somerset Historic District.

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)

(1)

Off-street parking and driveways:

a.

Off-street parking pad(s) shall not be permitted in any front yard or any yard adjacent to a District right-of-way.

b.

The driveway shall extend at least 20 feet beyond the front façade of the principal structure/building and shall not exceed a width of 10 feet in the front yard or any yard adjacent to a District right-of-way, exclusive of the curb flare.

c.

Use of shared driveways is permitted.

d.

When garages are added to the principal structure, no garage entrance(s) or doors shall face a District right-of-way.

e.

The material of the portions of driveways in the front yard shall meet the compatibility rule.

f.

Gravel shall not be permitted as a driveway or parking paving material in the front yard or any yard adjacent to a District right-of-way and shall not be visible from any District right-of-way.

2.

Public sidewalks, Walkways, and Topography:

a.

Existing public sidewalks and planting strips shall be retained.

(Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19)