The following regulations shall apply generally or in groups of districts as indicated, unless district regulations specifically provide to the contrary, and qualify or supplement other regulations appearing in this part.

(Code 1977, § 16-28.001)

The following rules shall apply concerning district groupings and order of restrictiveness:

(a)

R districts shall be construed as including all districts beginning with the letter R and also PD-H.

(b)

Restrictiveness shall be construed to run from most to least generally according to the order in which districts appear in the text of this part, except for C-4, C-5, and SPI-1, SPI-2, SPI-3 and SPI-4. Thus, for example, C-2 is less restrictive than C-1. The PD-H district shall be considered to be in the same class as R-G 1-5.

(Code 1977, § 16-28.002)

Where there is substantial doubt as to whether particular uses or classes of uses not specifically identified in these regulations are of the same general character of those listed as permitted principal or accessory uses or uses permissible by special permit or special exception, upon request from any administrative official of the city or on its own initiative, the bureau of builders, in consultation with the bureau of planning, shall make a determination on the matter, giving due consideration to the intent of this part concerning the district, the character of uses specifically identified and the character of the use in question.

Requests for such determinations shall be made only by officers or agencies of the city and shall not involve cases where the official charged with administration and enforcement of this part has made a negative finding, in which cases appeal shall be made to the board of zoning adjustment on grounds of error in the determination. After determinations have been made by the bureau of buildings, appeals from its determinations may also be made to the board on grounds of error, under procedures specified in section 16-30.010.

(1)

Notifications concerning determinations: Upon making its determinations, the bureau of buildings shall notify any other official or agency of the city likely to be affected by its findings. The bureau of planning shall notify the board of zoning adjustment if the determination involves special exceptions upon which it is authorized to act.

(2)

Effect of bureau findings: If the bureau finds that the particular use or class of use is of such an unusual or transitory nature, or is unlikely to recur frequently, unless its determination is reversed on grounds of error by the board of zoning adjustment, the determination shall thereafter be binding without further action or amendment of the regulations as an administrative ruling.

However, if the bureau finds that the particular use or class of use is likely to be common or recurrent, and that omission of specific reference in this part is likely to lead to public uncertainty, the bureau of planning shall initiate a proposed amendment rectifying the omission. Until final action on such proposed amendment, the determination of the bureau of buildings shall be binding as an interim administrative ruling.

(Code 1977, § 16-28.003)

The following regulations and requirements apply to accessory uses and structures:

(1)

Except as otherwise specifically provided in this part, use of accessory buildings as dwellings or lodgings is prohibited.

(2)

Accessory buildings shall be constructed concurrent with or after construction of principal buildings.

(3)

Accessory buildings in R-1 through R-5 districts shall not exceed 20 feet in height, shall not cover more than 25 percent of the area of the rear yard, and shall not contain a total floor area greater than 30 percent of the main structure. For purposes of calculating the total floor area of the main structure, the definition of residential floor area set forth in the first sentence of section 16-29.001(13)(a) shall apply, except where modified by the provisions of 16-24.008. For purposes of calculating the total floor area of the accessory building, all gross floor area of the accessory building shall be included whether or not it is conditioned or habitable.

(4)

"Amenity areas" as defined in section 15-06.001(c) that lie within subdivisions reviewed and approved pursuant to part 15, shall be authorized as accessory uses and structures in the R-1 through R-5 districts, and in single and two-family subdivisions in the RG and MR districts, and may be used and platted as an irregular lot within such subdivisions provided said lot continues to be used exclusively for an amenity area pursuant to part 15. Should such lot cease to be used as an amenity area, it shall be used only for the purposes of "open space" within the meaning of section 15-06.001(z).

(Code 1977, § 16-28.004; Ord. No. 2018-11(18-O-1023), §§ 2, 3.E, 5-16-18)

In addition to minimum yard and building spacing requirements specified in this part, all buildings and other structures and landscaping shall be located and arranged on lots as to provide safe and convenient access for fire protection, servicing and off-street parking located on the premises. (For additional requirements see Tree Preservation Ordinance, City of Atlanta.)

(Code 1977, § 16-28.005)

(1)

Lot Defined. Prohibition Against Division Creating Substandard Lots: A lot is a parcel of land. For the regulatory purposes of this part, a lot may consist of a single lot of record, a portion of a lot of record, combinations of adjacent individual lots and/or portions of lots, or a parcel described by metes and bounds; provided that in no case of division or combination shall a residual lot be created which does not meet the requirements of this part.

(2)

Lot, Conforming, Defined: A conforming lot is a parcel of land meeting the lot requirements of this part as to minimum size and street frontage. In determining whether a lot is conforming, the area of any easement, lease, license or other similar instrument for transferring real property interests shall be excluded, except that underground utility easements and common driveways, shall be included. Unless otherwise indicated, the term "lot" as used in these regulations shall be construed to mean a conforming lot.

(3)

Lot, Nonconforming, Defined: A lot existing at the time of passage or amendment of this part with dimensions or access not meeting minimum requirements established herein.

(4)

Lot, Substandard, Defined: A lot created after passage or amendment of this part, and not in accord with its requirements as to dimensions or access. In general, such lots are illegal unless created by governmental or court action. Where created by governmental or court action, such lots shall have the status of nonconforming lots.

(5)

Lot, Regular, Defined: A lot abutting a public street or approved private street, so located, shaped and oriented to the street and to adjacent lots as to be reasonably adapted to application of general measurements as indicated herein at section 16-28.007 below, and with location of yards by type (front, side, rear and special) logically determined by and functionally related to adjacent yard patterns.

(6)

Lot, Irregular, Defined: A lot so located, shaped or oriented to adjacent lots and/or accessways that application of general measurement methods or yard requirements of the district in which it is located serves no significant purposes, and/or with location of yards by type (front, side and rear) not logically determined by nor related to yard patterns on nearby regular lots.

(7)

Yard Defined. General Limitations on Occupancy: A yard is an open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward (except as provided in section 16-28.008 below); provided, however: (a) that fences and walls may be permitted in any yard subject to height and sight distance requirements established by these or other regulations; (b) that poles, posts and other customary yard accessories, ornaments and furniture shall be permitted in any yard, subject to section 16-28.008(9); and (c) that swimming pool equipment, power generators, hand rails and HVAC mechanical equipment may extend up to 44 inches above the general ground level of the graded lot.

(8)

Court Defined: A court is an uncovered outdoor space enclosed on two (2) or more sides by exterior walls of buildings on the same lot, with limitations on occupancy as provided for a yard, above.

(9)

Buildable Area Defined: The portion of the lot remaining after required yards have been provided. Buildings may be located within any part of the buildable area; but if there are limitations on percent of the lot which may be covered by buildings which exceed the area in required yards, remaining ground-level open space shall be provided within the buildable area.

(Code 1977, § 16-28.006; Ord. No. 2017-47(17-O-1166), § 1, 8-30-17; Ord. No. 2018-11(18-O-1023), §§ 1.A, 6, 5-16-18)

(1)

Width of Regular Lots; Measurement: To any lot in any dwelling district, located on a cul-de-sac or curved street, when the side lot lines are projected radially from the street line, the following provision may apply in lieu of the lot frontage required:

(a)

On lots requiring 100 feet of frontage or less, the lot frontage will be considered as that distance measured in a straight line, between the side lot lines at a point proposed for the actual location of the façade facing the street of the residential structure; provided, however, that the lot width shall measure at least 35 feet at the street property line and at the narrowest part of the width of the lot.

(b)

For lots located in the R-1 district, the frontage required will be considered as that distance, measured in two (2) chords of 100 feet each, measured between the side lot lines at a point proposed for the actual location of the façade facing the street of the residential structure; provided, however, that the lot width shall measure at least 35 feet at the street property line and at the narrowest part of the width of the lot. For lots located in the R-2 district, the frontage required will be considered as that distance measured in two (2) chords of 75 feet each, measured between the side lot lines at a point proposed for the actual location of the façade facing the street of the residential structure; provided, however, that the lot width shall measure at least 35 feet at the street property line and at the narrowest part of the width of the lot.

(2)

Area of Regular Lot:

(a)

Net area of a regular lot: Net area of a regular lot shall be construed as total area within its boundaries.

(b)

Gross area of a regular lot: Gross area of a regular lot, where used for computation of allowable floor area for multi-family or PD-H residential use through application of floor area ratios, shall be computed as the net area of the lot, as described above, plus half of adjoining permanent open space such as streets, parks, lakes, cemeteries and the like, up to a maximum of 50 feet. Where such space adjoins lots on two (2) adjacent sides, the area thus added shall include the area required to complete the gap otherwise left at the intersection, as indicated at a below:

The gross area of lot 1 is thus the area within its boundaries plus the hatched area at the top and side including the rectangle marked a. The gross area of lot 2 is its net area plus the hatched area across its front.

(3)

Lot Types, Regular Lots: The diagram below illustrates terminology used herein with reference to regular corners, interior, reversed frontage, and through lots:

LOT TYPES—REGULAR LOTS

In the diagram, A = corner lot, defined as a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot (projected if rounded) meet at an interior angle of less than 135 degrees (see lots marked A(1) in the diagram).

B = interior lot, defined as a lot other than a corner lot, abutting only one (1) street.

C = through lot, defined as a lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.

D = reversed frontage lot, defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D); an interior lot (B-D), or a through lot (C-D).

(4)

Lot Frontage:

(a)

On regular interior lots: On regular interior lots, the front shall be construed as the shortest portion nearest the street.

(b)

On regular corner lots: On regular corner lots, the front shall be construed as the shortest boundary adjacent to a street. If the lot has equal frontage on two (2) or more streets, frontage shall be construed in accordance with the prevailing building pattern, or the prevailing lotting pattern if a building pattern has not been established.

(c)

On reversed frontage corner lots: On reversed frontage corner lots, if the shortest boundary fronting on a street is 80 percent or more of the length of the longest boundary fronting on a street, the applicant may select either frontage for the full-depth required front yard, if lot width requirements for the district are met.

(d)

On regular through lots: On regular through lots, all portions adjacent to streets shall be considered in establishing frontage for regulatory purposes. If the administrative official finds that the pattern of lots and/or the pattern of required lots adjacent to portions of the through lot is such as to justify a requirement that more than one frontage be provided on such lot, such additional frontage shall be required. If one of the frontages is determined to be the rear yard of the lot, a five-foot wide buffer with vegetative screen no less than six feet in height shall be required along the rear property line.

(5)

Yards, Regular Lots:

(a)

Front yards: Front yards shall be construed as extending between side lot lines across the frontage of a lot adjoining a public street. Depth of a front yard shall be measured as indicated in (f) below.

(b)

Half-depth front yards adjacent to streets other than in frontage: Where portions of the lot adjoin a street other than in frontage, as described in (a) above, yard parallel to the street and at least half the width of the front yard required in the district shall be provided. Such yard shall be subject to limitations on uses as provided for front yards. Depth of such yards shall be measured as indicated in (f) below.

(c)

Average depth front yard: Where more than 50 percent of the frontage within a block between intersecting streets is developed with structures having a lesser setback than required by the applicable district regulations, the setback requirement for proposed structures may be reduced to the average setback so established by the bureau of buildings but shall not be reduced by less than 50 percent of the required setback so contained within the applicable district regulations.

(d)

Side yards, credit for adjacent alleys: Side yards shall be construed as running from the rear line of the required front yard to the front line of the required rear yard. Where a side lot line adjoins an alley, half the width of the alley shall be considered as within the lot in determining whether side yard requirements have been met.

Width of side yards shall be measured at right angles to the lot line, so that required minimum yard is a strip of the minimum width required with its inner edge parallel to its outer edge.

On through lots with more than one front yard, the side yard shall be construed as running to the rear lines of the front yard involved.

(e)

Rear yards, credit for adjacent alleys: Rear yards shall be construed as extending across the full width of the lot at its rear, except where a portion of such width is within a half depth front yard, in which case the rear yard shall be construed as extending across the width of the lot for the portion not in such required half-depth front yard. Where a rear lot line adjoins an alley, half the width of the alley shall be considered as within the lot in determining whether rear yard requirements have been met.

(f)

Special yards: A special yard, for purposes of these regulations, shall be construed as a yard other than adjacent to a street, required to perform the same functions as a side or rear yard but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard," as generally determined, defined or applied with respect to regular lots, fits the circumstances of the case. In such instances, the building official shall require special yard, with minimum dimensions and methods of measurement as generally required for either a side or rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation of structures and buildable areas thereon.

(g)

Yards adjacent to the public streets; methods of measurements: Measurements of yards adjacent to public streets to determine conformity with the requirements of this part shall be made as follows: A straight line shall be drawn between the two points at which the lot lines for the portion of the lot involved intersect street right-of-way lines. Where property corners are rounded, such points shall be plotted by projecting the lot lines to the point where they would have met without rounding. Depth of required yards adjacent to public streets shall be measured perpendicular to such straight line, and the inner line of such required yard shall be parallel to the outer line.

(h)

Setback lines established by council: Where setback lines have been officially established by the council with required greater distances from property lines to buildable area boundaries than would be required by generally applicable yard requirements, such setback lines shall govern in determining boundaries of buildable areas.

(i)

Diagram indicating location and method of measurement of yards on regular lots: The diagram which follows indicates location and method of measurement of yards on regular lots.

Location and Method of Measurement of Yards (1)

Location and Method of Measurement of Yards (2)

(Code 1977, § 16-28.007; Ord. No. 2003-88, § 1, 9-10-03)

In addition to general limitations on yard or open space occupancy set forth herein, the following limitations and requirements shall apply:

(1)

Limitations on projections into required yards and open spaces: Eaves, sills, belt courses, energy generation devices, cornices, ornamental features, chimneys, flues, ducts, pipes, window or similarly affixed air conditioners, bay windows, and the like may project not more than 20 inches into any required yard or open space, except where such projections are prohibited by other lawful regulations. For additional provisions related to the placement of structures within yards see section 16-28.006(7).

(2)

Porches and entries in required front yards: Porches and entries, enclosed or unenclosed, may be provided in required front yards, provided that such structures shall not extend more than ten feet into such yards.

(3)

Canopies for commercial, service or industrial uses: In connection with commercial, service or industrial uses in districts where permitted, canopies may occupy required yards adjacent to streets, provided that:

(a)

No portion of such canopy shall be closer than six feet to any street right-of-way (projected vertically); and

(b)

No portion of such canopy shall be closer than 25 feet to any lot line intersecting the street right-of-way line; and

(c)

No portion of such canopy shall be within 25 feet of any street intersection; and

(d)

Such canopy shall not cover more than 20 percent of the required yard over which it extends; and

(e)

Such canopies shall remain unenclosed on three (3) sides.

(4)

Service station pumps and pump islands: Service station pumps and pump islands may occupy a required yard adjacent to a street, provided that no portion of such pump island shall be closer than 12 feet to any street line, or closer than 25 feet to any street intersection. A service station pump island may include, as an integral part of said island, a pay booth provided that said pay booth shall not exceed 75 square feet in size and 10 feet in height. Such a pay booth must be designed for the sole and exclusive occupancy of one (1) station attendant and its use shall be limited to the collection of monies, control of essential functions such as pumps and lighting and similar administrative activities.

(5)

Walls or fences in required yards; height limits: Fences, walls or hedges may occupy required yards as follows; provided, however, that such fence, wall or hedge shall be maintained in a safe and sightly condition and that no such walls or fences create substantial impediments to visibility as prohibiting at section 16-28.008(9). The height of a retaining wall shall be measured as the greatest vertical length from one side of finished grade to the top of said adjacent retaining wall unless specified below.

(a)

In the R-1 through R-5 districts, the following retaining walls and fences are permitted:

(1)

Within the required front and half-depth front yards:

(i)

Where no retaining wall is constructed, fences not exceeding four feet in height may be erected.

(ii)

Not more than two retaining walls with a maximum height of three feet each may be erected, provided however that the face of the upper wall shall be separated from the face of the lower wall by at least a minimum horizontal distance that is landscaped and equal in length to the height of the upper wall.

(iii)

A fence not exceeding four feet is permitted at the top of one of the provided retaining walls.

(2)

Within the required side and rear yards:

(i)

Where no retaining wall is constructed, fences or walls not exceeding six feet in height may be erected or maintained.

(ii)

Not more than two retaining walls with a maximum height of six feet each may be erected, provided however that the face of the upper wall shall be separated from the face of the lower wall by at least a minimum horizontal distance that is landscaped and equal in length to the height of the upper wall.

(iii)

A fence not exceeding six feet is permitted at the top of one of the provided retaining walls.

(3)

Where a driveway is required to be constructed, retaining wall height shall be measured above the existing undisturbed grade of the lot as established by plans meeting the specifications required for soil erosion and sedimentation control by section 74-40 (as it may be amended).

(i)

For retaining walls in any required yard no greater than six feet in height shall be allowed.

(ii)

For retaining walls in any required yard greater than six feet in height shall require a special exception from the board of zoning adjustment in accordance with provision (e) below.

(b)

In the following residential general (R-G) district, fences not exceeding four feet in height may be erected in the front yard. Fences or walls not exceeding eight feet in height may be erected or maintained in the side or rear yards.

(c)

The provisions of (a) and (b) above notwithstanding, in any dwelling district no fence or wall exceeding two and one-half feet in height, as measured from the grade at the intersecting street right-of-way lines, shall be erected or maintained within 20 feet of any street intersection.

(d)

In all other districts, fences may be erected or maintained within any required yard provided they shall not exceed nine feet in height.

(e)

Special exceptions on greater height of walls or fences in required yards: The board of zoning adjustment may grant special exceptions in any district for greater heights only upon finding that:

1.

Such wall or fence is justified by reason of security or privacy and will not unduly prevent passage of light and air to adjoining properties and is not incompatible with the character of the neighborhood;

2.

Such greater height is justified by requirements for security of persons or property in the area;

3.

Such greater height is justified for topographic reasons; or

4.

Such greater height, in the yard or yards involved, is not incompatible with the character of the surrounding neighborhood.

(6)

Active recreation in yards adjacent to streets, residential districts, special exceptions: Swimming pools, tennis courts and other active recreation facilities shall not be permitted in connection with residential uses in residential districts in any yard, required or other, adjacent to a street, other than by special exception granted by the board of zoning adjustment. Such special exception shall be granted only upon findings that:

(a)

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

(b)

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

In connection with such special exceptions, the board may attach conditions and safeguards, concerning fencing, screening or other buffering, existence and/or location of lighting, hours of use, and such other matters as are reasonably required to assure the tranquility of the neighborhood.

(7)

Limitations on required off-street parking in required yards adjacent to streets in residential districts; limitations on paving such yards: Required off-street parking for uses in residential districts shall be permitted in required yards adjacent to streets only to the extent allowable under the following limitations:

(a)

Such parking shall be permitted only in driveways within such yards, and no parking bays or parking outside such driveways shall be permitted.

(b)

Maximum width of driveways for one- and two-family uses shall be limited to 20 feet (exclusive of flares at the throat); for multi-family uses, to 24 feet.

(c)

Paved area in such driveways shall not exceed one-third of the total area of the required yard. There may be additional paved walkways not exceeding 10 percent of the required yard. The remainder of the required yard shall be maintained in landscaping. Neither walkways nor landscaped area shall be used for parking, required or other, or for the storage of vehicles. The requirements as stated above may be waived through the approval of a special administrative permit as required in section 16-28.011(6) for zero-lot-line development in the R-5 Two-Family dwelling district.

(d)

Limitations on the use of required yards for the purpose of parking or paving for purposes of parking, loading or servicing in certain districts: Except as permitted above, no required yard in the R-1, R-2, R-3, R-4 and R-5, R-G, R-LC and O-I districts shall be paved for the purpose of parking, loading or servicing; nor shall any yard be used for parking, loading or servicing.

(8)

Bus passenger shelters permitted generally; limitations on location: Bus passenger shelters shall be permitted in any district. Such shelters may be erected in any required yard adjacent to a street, provided that in residential districts and in cases where other districts adjoin residential districts without an intervening street or alley, no such shelter shall be erected within 10 feet of any property line intersecting the street, or in locations impeding traffic visibility at street intersections or intersections of driveways with streets.

When located in an SPI-1, SPI-2, SPI-3 or SPI-4 district, bus passenger shelters shall comply with the applicable provisions of the pedestrian space plan (pedestrian circulation plan). No building permit for a bus passenger shelter shall be issued unless a special administrative permit shall have been issued by the director, bureau of planning, under the provisions of sections 16-18.005, 16-18.007 and 16-25.004.

When located in any other district, bus passenger shelters shall be located so that they are adjacent to a public sidewalk that provides a minimum of five (5) feet of unobstructed pedestrian space. No building permit for a bus passenger shelter shall be issued unless a special administrative permit shall have been issued by the director, bureau of planning, under the provisions of section 16-25.004.

(9)

Visibility at intersections: In any district in which yards are generally required adjacent to streets, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede visibility between the heights of two and one-half (2½) feet above the grade of the adjoining sidewalk or right-of-way and eight (8) feet within visibility triangles as described below.

(a)

At street intersections: At street intersections, such visibility triangles shall be maintained to include an area bounded by the first 20 feet along the intersecting edges of the right-of-way (projected where the right-of-way is rounded) and a line connecting the ends of such 20-foot lines.

(b)

At intersections of driveways with streets: At intersections of driveways with streets, such visibility triangles shall be maintained to include an area bounded by the first 20 feet along the intersecting edges of the roadway and 20 feet along the intersecting edges of the roadway and driveway (driving surfaces) projected where rounded and a line connecting the ends of such lines.

(10)

Peddlers and itinerant vendors: Peddlers and itinerant vendors conducting business out-of-doors on private property may conduct such business only in compliance with the following:

(a)

They must have the written expressed consent of the owner to use the business property on which they propose to operate.

(b)

They must have a valid city business license unless otherwise exempted by city ordinance.

(c)

The business use must be a use that is otherwise allowed within the zoning district in which the peddlers or itinerant vendors operate the business.

(d)

The business may not be conducted within the required front and side yard setbacks required by the zoning district in which the business is operated.

(e)

Such business shall not be conducted on or from vacant lots.

(f)

Vending on private property shall also comply with the requirements of Chapter 30, Article XXIV, Vending on Private Property.

(11)

Special exception for satellite receiving dish antennae in the one- and two-family residential districts: Satellite receiving dish antennae shall not be permitted in the one- and two-family residential districts (R-1 through R-5) other than by special exception granted by the board of zoning adjustment. The board may permit the antennae to be erected in any yard, required or other, or attached to the primary or an accessory structure. However, such special exception shall be granted only upon a finding that:

(a)

The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of visual unsightliness, a potential hazard to pedestrian or vehicular traffic movement, or the obstruction of light or air to adjoining properties; and

(b)

The equipment could not reasonably be located elsewhere on the lot. Provided, however, that a problem related solely to signal reception standards shall not be considered sufficient grounds for granting relief under this paragraph.

In connection with such special exceptions, the board may attach conditions and safeguards concerning fencing, screening or other buffering and such other matters as are reasonably required to assure the tranquility of the neighborhood.

(12)

Temporary Storage Containers on single and two-family residential lots: For purposes of this section, the phrase "temporary storage container" shall mean a portable, weather resistant container holding 200 cubic feet or more of storage capacity that is designed and used for the temporary storage or shipment of household furniture, clothing, and other household goods, excluding refuse, and is transported by truck or trailer to desired locations for drop off and retrieval. In the R-1 through R-5 zoning districts, and on all other lots containing an existing single or two-family residential dwelling, temporary storage containers shall be temporarily authorized as accessory to such existing residential principal structures only when in compliance with each of the following requirements:

(a)

Only one (1) temporary storage container is authorized per each such residential lot for a period of time not to exceed 90 days in any 365 day period. This 90 day time limit may be extended only by issuance of a building permit for an accessory shed/garage structure pursuant to the procedures and criteria of the Office of Buildings; and

(b)

Temporary storage containers shall not be located within the visibility triangle set forth in section 16-28.007(9) and shall not be located within 10 feet of the front lot line. Temporary storage containers shall not be located within any public right-of-way, street or sidewalk unless a permit to do so has been issued pursuant to section 138-61 of the Code of Ordinances, provided that no such permit may exceed the 90 day time limit set forth in subsection 12(a) above.

(Code 1977, § 16-28.008; Ord. No. 2002-4, § 3, 2-12-02; Ord. No. 2003-86, § 1, 8-21-03; Ord. No. 2007-48(07-O-0642), § 6, 8-23-07; Ord. No. 2007-50(07-O-0497), § 1, 9-13-07; Ord. No. 2018-11(18-O-1023), §§ 1.B, 13, 5-16-18)

R-G and PD-H districts permit attached and multi-family dwellings and mixtures of dwellings types, as do certain other districts. Residential uses in such districts require special forms of regulations, some features of which are applicable to other uses. The provisions which follow in section 16-28.010 relate to the Residential-General (R-G) District, to open space and building space requirements applying in such district, or to such uses in other districts and to other special requirements and limitations applicable thereto. For the purpose of clarifying the application of the floor area ratio calculation in single-family and two-family zoning districts, net lot area shall be used.

(Code 1977, § 16-28.009; Ord. No. 2007-48(07-O-0642), § 7, 8-23-07)

The following definitions and methods of measurement shall be used in the districts and for the uses regulated in the R-G district. Except where application to other uses is specifically indicated, floor area, total open space, useable open space and related elements are as allocated for residential uses and accessory uses incidental to and compatible with residential uses.

(1)

Gross land area of R-G and PD-H districts: Gross land area of PD-H districts shall be computed as all land (except that to be devoted to nonresidential purposes) within district boundaries plus half of adjoining permanent open space such as streets, parks, lakes, cemeteries and the like; provided that dimensions of such open space credited shall be limited to no more than 50 feet. Computations involving such open space shall be as provided at section 16-28.007(2)(b) for gross area of regular lots.

(2)

Residential land area: In computing the gross land area in the PD-H district, the gross land area shall be construed to include residential land for residential development and related uses, including open space, within the district, or on the lot or tract where residential uses in other locations are regulated. Such lands shall be construed to include streets entirely within the residential portion of the development and lands accepted for dedication for public purposes. Residential land area shall not be construed to include lands not beneficial to residential use due to location or character, or areas used predominantly for commercial or other nonresidential purposes.

As a further guide, where floor area of a building is predominantly in residential use, the building site shall be included in residential land area (as for example, in the case of a multi-family structure with 10 percent of its floor area in accessory commercial and service uses).

(3)

Residential floor area: Residential floor area is the sum of areas for residential use on all floors of buildings, measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and below-grade floor areas used for habitation and residential access. Not countable as residential floor area are:

(1)

Open terraces, patios, atriums or balconies;

(2)

Carports, garages, breezeways, tool sheds;

(3)

Special-purpose areas for common use of occupants, such as recreation rooms or social halls;

(4)

Staff space for therapy or examination in care housing;

(5)

Basement space not used for living accommodations; or

(6)

Any commercial or other nonresidential space.

Maximum residential floor area shall not exceed the number of square feet by multiplying gross residential land area by the floor area ratio (FAR) applying in the appropriate R-G number designation.

(4)

Total open space:

(a)

Definitions: Total open space, uncovered total open space, covered total open space:

1.

Total open space is the total horizontal area of uncovered open space plus half the total horizontal area of covered open space subject to limitations set forth below.

2.

Uncovered total open space is the gross residential land area not covered by buildings, plus open exterior balconies and roof area improved as recreation space.

3.

Covered total open space is the open space closed to the sky but having two clear unobstructed open or partially open sides.

Partially open is to be construed as 50 percent open or more. Examles of covered open space are covered balconies, covered portions of improved roof area, or spaces under building, supported by posts, columns or cantilevers. The square feet countable as covered open space shall not exceed the square footage of the open sides.

(b)

Minimum total open space required shall not be less than the number of square feet derived by multiplying gross residential land area by total open space ratio (TOSR) applying in the appropriate R-G number designation.

(5)

Useable open space:

(a)

Defined: Useable open space is part of total open space appropriately improved and located for outdoor living space for residents and for aesthetic appeal. Such space includes lawns and other landscaped areas, walkways, paved terraces and sitting areas, outdoor recreational areas and landscaped portions of street rights-of-way. Such space shall not be used for vehicles, except for incidental service, maintenance or emergency actions.

(b)

Minimum requirement: Minimum useable open space required shall not be less than the number of square feet derived by multiplying gross residential land area by the useable open space ratio (UOSR) applying the appropriate R-G number designation.

(6)

Parking requirements:

(a)

Defined: An off-street parking space is garage, carport or other uncovered off-street parking space, together with appropriate access and maneuvering ways.

(b)

Minimum car space requirement: The parking ratio for the applicable R-G number designation times the number of dwelling or lodging units equals the number of parking spaces required.

(Code 1977, § 16-28.010)

(1)

Intent; Application: Yards, courts, and other open space required herein in relation to structures or portions of structures containing living quarters are intended to perform a variety of functions. Among these (as appropriate to and required by the uses involved and their location) are assuring adequate privacy, desirable views, natural light and ventilation, access to and around buildings, off-street parking and loading space and service areas, space for landscaping, spacing between buildings and portions of buildings for reducing potential adverse effects of noise, odor, glare, or hazards from fire and recreational space near buildings.

These regulations, supplementing those set forth elsewhere herein with respect to R-G and PD-H districts and other districts in which similar attached and multi-family uses are permitted, shall apply to yards, courts, other open space and building spacing in such districts, and measurements and interpretations with regard thereto.

(2)

Required Yards and Courts Need Not Be At Ground Level; Exception: Except in the case of fixed yards required adjacent to streets, required yards and courts relating to residential uses controlled by these regulations need not be at ground level if, and to the extent that, in other locations their functions, nature, orientation, area, access and improvement are appropriate to uses within the building and adjoining buildings, and particularly to adjacent uses at the same level of the building and overviewing uses in the same or nearby buildings. These requirements are intended to reduce unnecessary fragmentation of open space around buildings and to encourage provisions of such space in locations and dimensions providing broader functional utility, and not to reduce total amount of such space required.

(3)

Permanent Open Space in Public Streets: Common Open Space May Be Included as Part of Building Spacing Requirements. Limitations: Where lots or building sites adjoining permanent open space in public streets, common open space, or other open space intended to remain so in perpetuity, half of the width of such open space may be included in meeting building spacing requirements.

(4)

Spacing Determinations Where Two or More Residential Buildings Area on a Lot: Where two (2) or more buildings containing living quarters are to be located on a single lot or tract, building sites pertaining to each shall be identified. On determinations concerning compliance with spacing requirements, open spaces shall be provided adjacent to lines of the building site as though they were lot lines.

(5)

Building Spacing Requirements: Spacing requirements for buildings or portions of buildings containing living quarters shall be based on the horizontal length and number of stories.

(a)

Length of walls: Length of walls shall be measured as the horizontal distance from corner to corner. Where walls in continuous general frontage (as in the case of attached dwellings) are offset by angles or setbacks of six (6) feet or more, length of each segment so set off shall be measured separately in establishing pertinent yard depth. Where walls in continuous general frontage enclose portions of buildings varying one (1) story or more in height, length of each segment so varying shall be measured separately in computing pertinent yard depth. Length of a curved or irregularly shaped wall shall be construed as the shortest distance between the wall's end corners. Length of the wall of a circular building shall be construed as the diameter of the building.

(b)

Height in stories: Height in stories shall be computed as actual number of stories above ground level with the following exceptions: Where the wall is along a slope, number of stories shall be construed as the arithmetic mean number, with half a story or more considered as a full story, and less than half a story ignored in computations. When height per story exceeds an average of 12 feet, calculations involved in yard or spacing determinations shall be based on an assumed number of stories derived by dividing building height by 12 feet (see section 16-28.022(1)).

(c)

Yard or other space depth; how measured: Yard or other open space depth between exterior building walls and adjacent lot or building site lines (projected vertically where appropriate) shall be measured horizontally in relation to the ground, and perpendicular to straight walls or radially to curved walls. Distance at all points shall be at least equal to minimum requirements set forth herein, except as provided at section 16-28.008(1), "Limitations on Projections Into Required Yards and Open Spaces," and section 16-28.008(2), "Porches and Entries in Required Front Yards."

(d)

Permissible overlap of yards: Yard space for two (2) walls may overlap where it does not affect the distance between two (2) buildings.

(e)

Formulas determining minimum open space requirements adjacent to walls: Minimum distance from walls to lot lines or building site lines for buildings or portions of buildings containing living quarters shall be computed as follows, where D = depth in feet, L = length in feet, and S = height in stories.

a.

Distance requirements: D = 4 + s + L/10

b.

For Sector 1 through Sector 3: In no case shall any yard be less than seven (7) feet.

For Sector 4 through Sector 6: In no case shall any yard be less than 20 feet.

(6)

Zero Lot Line Subdivision: Zero lot line subdivision of two (2) classes is permitted by this part, without the necessity for compliance with Part 15 of the Code of Ordinances, through the approval of a special administrative permit:

(a)

In the R-5 (Two-Family Residential) District, lots may be subdivided to allow the individual sale of each of the two units in any existing duplex structure which otherwise meets all of the requirements of the R-5 (Two-Family Residential) District.

(b)

In the R-G (Residential General), R-LC (Residential-Limited Commercial), and O-I (Office-Institutional) districts, lots may be subdivided to allow the sale of individual units within any existing multi-family or duplex structure which otherwise meets all of the requirements for the district in which it is located.

(c)

In Subarea 2 (Mill Housing) of the Cabbagetown Landmark District (section 16-20A.005), lots may be subdivided to allow the sale of individual units in any duplex structure which otherwise meets all the requirements for the Cabbagetown Landmark District.

An application for said special administrative permit shall be filed in accordance with the procedures established in Chapter 25 and shall contain a plat of survey prepared by a registered land surveyor or engineer, appropriately scaled and dimensioned, which indicates the existing structures and the proposed subdivision of the land. The plat shall also show that the zoning regulations for the district in which such development is located have been met. Where open space or private streets are a part of the development, a written agreement outlining a program for guaranteeing perpetual maintenance of all common areas, including open space and streets, through a condominium association, homeowners association, bonding, or other protective maintenance guarantee, shall be filed with the Clerk of the Superior Court and shall be noted and properly referenced on said plat.

(Code 1977, § 16-28.011; Ord. No. 1995-40, § 1, 8-14-95; Ord. No. 1997-64, § 2, 11-10-97; Ord. No. 2001-74, § 1, 10-10-01)

(1)

Scope of Application: The following definitions and method of measurement are intended to apply only to those uses in those nonresidential districts where specifically so stated in the district regulations. Public space is credited to required open space in the C-4, C-5, SPI-1, SPI-2, SPI-3 and SPI-4 districts.

(2)

Definitions: For purposes of this part, public space shall include both exterior and interior public spaces appropriately improved for pedestrian amenity or for aesthetic appeal and shall not include areas used for vehicles, except for incidental service, maintenance or emergency actions only. Space provided as result of the pedestrian circulation requirement shall be credited to the requirement for public space. Such public space is required at ground level, and buildings may occupy such space above a height of one (1) story.

(a)

Exterior public space is that public space located on the exterior of a building or structure and intended to be available and accessible to the general public, and may include but is not limited to lawns and other landscaped areas, plazas, terraces, patios, observation decks, fountains, sidewalks, common areas and open spaces for outdoor recreation and similar public amenities.

(b)

Interior space is that public space located within the interior of a building or structure and intended to be available and accessible during normal business hours to the general public, and may include but is not limited to malls, galleries, atria, lobbies, concourses, plaza, walkways, fountains, landscaped areas devoted to public recreation, pedestrian seating, or eating, and similar public amenities.

(3)

Method of Measurement: Public space shall be computed as the sum of exterior public space and interior public space located within the net lot area of the parcel.

(a)

Exterior public space shall be computed as the total horizontal area of all exterior public spaces, as defined in (2)(a) above.

(b)

Interior public space shall be computed as the total horizontal area of all interior public spaces, as defined in (2)(b) above.

(Code 1977, § 16-28.012)

(1)

Mobile Homes: Parking, Storage or Occupancy: The parking or storage of any mobile home in any district is hereby prohibited except on a sales lot, or at an establishment for servicing, maintenance or repair while such operations are being diligently pursued, or at a mobile home manufacturing plant, or in a legally authorized junk, scrap or salvage yard, or in a storage yard.

(2)

Commercial Trailers: A commercial trailer or semitrailer shall not be parked or stored in any residential or O-I, R-LC, C-1 or C-2 district. This regulation shall not be construed as prohibiting such trailers from loading or unloading in such districts in servicing uses therein.

(3)

Commercial Vehicles: The parking of a commercial self-propelled vehicle in any residential district is prohibited; except that one (1) commercial vehicle with a manufacturer's rating of three-fourths ton or less may be parked on any lot on which there is located a main building, provided that such vehicle is parked in an enclosed garage, accessory building or rear yard and is used by a resident of the premises. This regulation shall not be construed as prohibiting commercial vehicles from loading or unloading in such districts, or from parking in servicing uses therein.

(4)

Major Recreational Equipment: For purposes of these regulations, "major recreational equipment" is defined as including travel trailers, pickup campers, converted trucks or buses, motorized homes, tent campers, tents, or other short-term housing or shelter arrangements and devices, boats and boat trailers, combinations thereof and other similar equipment, and cases and boxes for transporting recreational equipment, whether occupied by such equipment or not.

(a)

Parking or storage as accessory to residential use: Parking or storage of major recreational equipment shall be permitted as accessory to principal residential use only in accord with the following limitations:

1.

Unless stored in a garage, carport or accessory building, such equipment shall be parked or stored behind the nearest portion of any building to the street; provided however that parking shall be permitted anywhere on the premises or on adjacent streets (if otherwise lawful) for not to exceed 12 hours during loading and unloading, and further provided:

2.

In any required side yard not adjacent to a street, no such equipment may be parked or stored if it exceeds six (6) feet in height above the ground; provided however that masts, antennas, ventstacks, windshields, or other minor accessories may exceed this height limit.

3.

Equipment exceeding the limitations set forth in 2. above may be parked outdoors only in the rear yard.

4.

No such equipment parked or stored on a residential lot shall be used in such location for living, sleeping, housekeeping or business purposes.

(b)

Miscellaneous vehicles: Vehicles not otherwise defined or regulated in this section, such as floats, wagons or other special vehicles, shall not be parked or stored except within completely enclosed buildings, or in rear yards in any residential district.

(5)

Junked Motor Vehicles: It shall be unlawful for any person to store or any property owner to allow storage of any junked motor vehicle in the open area on any private property except motor vehicles awaiting repair at legally licensed auto repair garages or legally licensed automobile storage yards.

For the purpose of this section, a "junked motor vehicle" shall mean any vehicle which is without current registration, without current license tag and/or which is one (1) or more of the following:

(a)

Wrecked;

(b)

Dismantled;

(c)

Partially dismantled;

(d)

Inoperative.

For the purpose of this section, "storage" shall mean being on or occupying the premises for 30 calendar days or more.

(Code 1977, § 16-28.013)

The following requirements, limitations and standards shall apply to off-street parking.

(1)

Specifications for off-street parking space: For purposes of these regulations, an off-street parking space shall consist of a space adequate for parking an automobile of standard dimensions, with room for opening doors and entering or leaving on both sides and with safe and convenient access to public street or alley. Except in the case of single-family or two-family detached or semidetached residences, such space shall be provided with maneuvering room sufficient for convenient parking or unparking without maneuvering on any public street, alley or sidewalk. Spaces shall be so arranged that any automobile may be moved without moving another.

For computation purposes, an off-street parking space in itself may be considered to consist of 180 square feet; the space plus its related access and maneuvering room may be considered to require a total of 300 square feet; but off-street parking requirements shall be considered to be met only where actual spaces meet the performance standards set forth herein.

Required off-street parking areas for four or more automobiles shall have individual spaces marked. All off-street parking spaces and related access shall be graded, paved, improved and maintained in a manner permitting safe and convenient use under normal weather conditions, and so as to avoid adverse effects on public streets or neighboring property as a result of dust, erosion or drainage. Grading, design, subsurface preparation, paving and drainage shall be in accordance with standards established by the department of transportation.

Where off-street parking is required for 10 or more automobiles, 25 percent of the number of spaces provided may be designed for use by compact automobiles, but such space shall be reserved for use by such automobiles.

Within flood hazard districts, the director, bureau of buildings may allow such parking and access ways to be improved with gravel or other material which will, through its permeability, aid in reducing the danger of flooding.

(2)

Reduction in parking requirements for housing for the elderly: Reduction of generally applicable off-street parking requirements shall be allowed in all zoning districts, subject to the following requirements and limitations:

(a)

The minimum off-site parking requirement shall be reduced to 0.5 space per dwelling unit when the otherwise applicable off-street parking ratio exceeds 0.5 space per dwelling unit.

(b)

No such reduction shall be permitted except where it is assured that housing will be used by families with head of the household 62 years of age or older (provided that not more than ten percent of the number of persons housed may be employees on the premises, without regard to age).

(c)

The premises shall not be used other than as housing for the elderly, subject to the exceptions and limitations set forth in (b) above, unless and until any parking requirements applying to the new use have been met. Housing for the elderly is not to be construed as including establishments which are primarily convalescent and nursing home.

(3)

Buffering parking areas where adjoining property is residential: Where parking areas for four (4) or more automobiles are located adjacent to any lot upon which a dwelling exists as a conforming use, without an intervening street, and where such parking areas are not screened visually from first floor residential windows at such locations, there shall be provided on the lot with the parking a continuous buffer screening such parking area from such view, with a height of six (6) feet. The buffer shall be fence or wall or equivalent vegetative screening, maintained in a sightly condition.

(4)

Limitations on parking or loading areas in yards adjacent to streets in R, O-I and PD-H districts: Except as otherwise specifically provided in R, O-I and PD-H districts, no off-street parking areas for four (4) or more automobiles, and no loading space, shall be permitted in any required yard adjacent to a street; and no maneuvering areas serving such spaces shall be so located.

(5)

Other limitations on use of off-street parking and loading areas: No required unenclosed off-street parking and loading area shall be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies; and no other area on a lot shall be used for such purposes. Nothwithstanding the foregoing prohibition, the servicing of equipment required for EVSE or electric vehicle charging stations is permitted.

(6)

Bicycle parking requirements.

(a)

Bicycle parking shall be provided for each building as specified in the following "Table of Bicycle Parking Requirements." Bicycle parking requirement shall be calculated based on gross floor area and shall be calculated separately for separate buildings.

Table of Bicycle Parking Requirements

(b)

Fixed bicycle racks parking spaces shall conform to the following minimum standards:

i.

Shall not be located inside a building, but may be covered.

ii.

Shall be publicly accessible and provided with lighting at all hours.

iii.

Shall be spaced to provide clear and maneuverable access to a public street or multi-use trail without the use of stairs.

iv.

Shall be located on-site or in the adjacent public right-of-way.

v.

Shall include a metal anchor sufficient to secure the bicycle frame when used in conjunction with a user-supplied lock.

vi.

When located on-site, shall be located at least as close as the closest automobile space serving the building, except for handicapped parking spaces.

vii.

When located in the public right-of way, shall not impede pedestrian use of the sidewalk and shall only be located within a street furniture and tree planting zone a maximum distance of 100 feet of the building entrance the rack is intended to serve.

viii.

When located in the public right-of-way, shall be of a type specified by the Office of Zoning and Development in coordination with the Department of Public Works.

ix.

When two bikes can be locked on both sides without conflict, each side can be counted as one required space.

(c)

Enclosed bicycle parking spaces shall conform to the following minimum standards:

i.

Shall provide enclosed bicycle storage in lockers, a room within a building, or within a parking structure.

ii.

Shall be accessible to all building occupants and to public entrances and walkways, secure, weather resistant, and provided with lighting at all hours.

iii.

Shall provide clear and maneuverable access to a public street or multi-use trail without the use of stairs or elevators.

(d)

Buildings containing over 50,000 gross square feet of office space shall provide showering facilities, which shall include showers and lockers, in a ratio of at least two showering facilities for every 50,000 gross square feet of office space in excess of 50,000 square feet. Said facilities shall be available to all office tenants and their employees, provided that the number of shower facilities shall not be required to exceed four.

(e)

The board of zoning adjustment is hereby empowered to waive or reduce the bicycle parking requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of bicycle parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot.

(7)

Taxicab stands: All hotels and motels shall provide off-street, on-site taxicab stands with a minimum of one (1) space for each 100 guest rooms or portion thereof in the hotel or motel, up to a maximum of six (6) taxicab stand spaces.

(8)

Restrictions on towing vehicles from off-street parking areas during nonbusiness hours: A person entitled to the possession of an off-street parking area or vacant lot within an area of the city designated C-1, C-2, C-3, C-4 or C-5 shall have the right to remove the vehicle parked thereon after the regular activity on such property is concluded for the day only if access to such property from the public way is blocked by a sturdy chain, cable or rope stretched at least 18 inches above grade across all driveways or other ways providing access to the off-street parking area or vacant lot and there is conspicuously posted in the area a notice approved by the licensing and permit section of the department of police that any vehicle parked thereon which is not authorized to be parked in such area may be removed at the expense of the owner, along with information as to where the vehicle may be recovered, the cost of recovery, and information regarding the form of payment as provided by section 162-233.

(9)

The director, bureau of buildings, upon application by a property owner or lessee, may reduce the required number of off-street parking spaces by a total of no more than 10 percent of the number of off-street parking spaces required by the district regulations for the entire parcel in all nonresidential zoning districts, excluding landmark or historic districts and planned development districts, when the city arborist certified that the reduction is necessary to save mature trees with a caliper diameter of eight (8) inches or more. Any reduction in the required number of off-street parking spaces granted under the provisions of this section shall be subject to the stipulation that should the subject tree(s) die they shall be replaced at the applicant's expense in accordance with a tree replacement program prepared by the city arborist. The applicant shall be required to notify the city arborist of the death of the tree(s) within 30 days. The director, bureau of buildings shall not grant such a reduction in the required number of parking spaces for any property which fails to provide the required number of off-street parking spaces as a result of having status as a nonconforming use, or as the result of a previously granted variance or special exception for the property by the board of zoning adjustment.

(10)

In each case, when the director, bureau of buildings grants a reduction the required number of parking spaces as authorized in subsection (9), the director shall grant his approval in writing, in a form which he shall establish, and shall provide copies of such written approval to the applicant, the city arborist, the director, bureau of planning, and the chair of the NPU in which the property is located.

(11)

Incentive for electric vehicles charging stations and parking. Where off-street parking is required to be provided or where the off-street parking requirement is being met by parking on a private street, each electric vehicle charging station, as defined in Section 16-29.001, shall be counted as a parking space and shall reduce the required parking by one additional parking space; provided however that a total of no more than ten percent of the number of off-street parking spaces required by the district regulations for the entire parcel shall be allowed to be reduced by the use of this incentive. Where at least two electric vehicle charging stations are provided, the ten percent reduction incentive may be accomplished by providing electric vehicle only parking spaces provided however that the number of electric vehicle only parking spaces to be counted for the incentive shall always be correlated to the number of electric vehicle charging stations. In no case shall the use of this incentive reduce the requirement to provide at least one off-street parking for each single-family dwelling unit, duplex, triplex or quadraplex.

(a)

The provisions of this section shall apply to any required parking and may be used to reduce the degree of nonconformity of parcels with nonconforming parking.

(b)

Electric vehicle parking spaces shall be reserved for the exclusive parking of an electric vehicle.

(c)

Electric vehicle charging stations shall be reserved exclusively for the charging and parking of a vehicle that is connected to the EVSE for electric charging purposes.

(d)

When an electric vehicle charging station is removed or becomes inoperable for more than fourteen consecutive days, the parking reduction granted by this section shall no longer remain in effect and the required parking shall be provided.

(e)

The incentive provided by this section shall be granted by special administrative permit.

(i)

As a part of the application, the site plan for the parking spaces where the electric vehicle charging station or electric vehicle parking is to be located shall be provided.

(ii)

The special administrative permit shall at all times be conditioned on the electric vehicle charging station or electric vehicle parking meeting the design standards and other criteria for electric vehicle parking and charging facilities set forth in this part.

(iii)

Failure to maintain the conditions of the special administrative permit shall be cause to revoke the incentive and require the installation of the parking required by the district regulations.

(12)

Reduction in parking requirements for on-street parking: A reduction of the generally applicable minimum off-street parking requirements shall be allowed in all zoning districts as follows:

(a)

Where on-street parking spaces exist in a public right-of-way, one on-street parking space may be substituted for every required off-street parking space, provided the on-street space immediately abuts the subject property.

(b)

Each on-street parking space shall only be counted for one property. Where a space straddles a property line (as projected into the right-of-way), the space shall only be counted by the owner whose property abuts 50 percent or more of the on-street parking space.

(c)

The director of public works may determine that to ensure future roadway capacity, the on-street parking reduction may not be available.

(d)

On-street parking in a public right-of-way shall not count towards any applicable parking maximums.

(13)

Reduced parking requirements for buildings built before 1965: A reduction of the generally applicable minimum off-street parking requirements shall be allowed in all zoning districts for buildings and portions thereof built prior to 1965, as follows:

(a)

Residential uses: No parking is required.

(b)

Non-residential uses: No parking is required, provided that this provision shall not apply to any business establishment larger than 1,200 square feet in floor area that holds any type of alcoholic beverage license.

(14)

High capacity transit parking requirements: The following requirements apply to all uses located on lots within 2,640 feet of a high capacity transit stop, except within the Buckhead Parking Overlay, all special public interest districts, or any historic or landmark district with parking maximums.

(a)

Minimum parking: No parking is required.

(b)

Maximum parking established: No development, unless granted a special exception by the board of zoning adjustment for public parking, shall have parking in excess of the amounts specified below.

(c)

Maximum parking for residential uses, except in R-1 through R-5, where no maximum shall apply:

(i)

1.25 spaces per one-bedroom unit.

(ii)

2.00 spaces per two- or greater bedroom unit.

(d)

Maximum parking for non-residential uses when parking is otherwise required: The greater of the following:

(i)

Ten spaces greater than the minimum parking otherwise required; or

(ii)

Twenty-five percent greater than the minimum parking required otherwise required.

(e)

Maximum parking for non-residential uses when parking is not otherwise required:

(i)

Hotels and motels: One space per lodging unit.

(ii)

Eating and drinking establishments: eight spaces per 1,000 square feet of floor area. No parking may be provided for accessory outdoor dining.

(iii)

Nursing homes, convalescent homes, and similar care facilities: 1.25 spaces per four beds.

(iv)

Retail establishments, including catering, delicatessens, and bakeries: 2.5 per 1,000 square feet of floor area.

(v)

Schools, colleges, places of worship, recreational of community centers, and other places of assembly: 1.25 spaces per four fixed seats with 18 inches of bench length counted as one seat, or 1.25 spaces per 35 square feet of enclosed floor area for the accommodation of moveable seats in the largest assembly room, whichever is greater, plus the following:

(a)

Public or private elementary or middle school: 2.5 spaces per classroom.

(b)

High school: five spaces per classroom.

(c)

Colleges and universities: 10 spaces per classroom.

(vi)

All other uses: three spaces per 1,000 square feet of floor area.

(f)

The parking maximums of paragraphs "c" through "e" immediately above shall not include newly-created on-street parking along a public street or private street built to public standards.

(g)

When an applicable overlay or zoning district imposes a parking maximum that is more restrictive than the maximums in paragraphs "c" through "e" above, the more restrictive maximums shall apply.

(h)

The distance above shall be measured along a public or private sidewalk, walkway, or street from the transit station lot line, edge of stop platform, or edge of other boarding area, whichever is greatest, to the closest point of the lot. When any portion of a lot is within the applicable distance, the entire lot shall be subject to this requirement.

(i)

High capacity transit used to satisfy this requirement shall be operational or under construction.

(Code 1977, § 16-28.014; Ord. No. 2014-53(14-O-1278), § 3(Attach. C), 12-10-14; Ord. No. 2018-11(18-O-1023), § 4.A, 5-16-18; Ord. No. 2019-09(18-O-1581), §§ 7.I—7.K, 7.N, 1-31-19; Ord. No. 2020-33(20-O-1381), § 49, 6-23-20)

_____

1.

Minimum off-street space shall be provided according to the following "Table of Loading Requirements." All loading berths shall provide vertical clearance of 14 feet. All loading access ways and areas shall provide a vertical clearance of 14 feet and shall not be located within the required sidewalk. All loading spaces shall be a minimum of 12 feet wide by 35 feet long.

TABLE OF LOADING REQUIREMENTS

2.

Where legal on-street loading spaces of any width exist in a public right-of-way, one on-street loading space may be substituted for every required off-street loading space, provided the on-street space immediately abuts the subject property. Each on-street loading space shall only be counted for one property. Where a space straddles a property line (as projected into the right-of-way), the space shall only be counted by the owner whose property abuts 50 percent or more of the on-street loading space. The commissioner of the department of transportation may determine that to ensure future roadway capacity, the on-street loading reduction may not be available.

3.

A reduction of off-street loading requirements may be approved by the commissioner of the department of transportation subject to a shared loading arrangement that avoids conflicting loading demands. Shared loading arrangements may include multiple uses on one or more contiguous lots. Shared loading may also include use of a legal on-street loading space identified in paragraph "2" immediately above.

4.

There are no off-street loading requirements for buildings and portions thereof built prior to 1965.

(Code 1977, § 16-28.015; Ord. No. 2019-09(18-O-1581), § 4.A, 1-31-19; Ord. No. 2020-33(20-O-1381), § 50, 6-23-20)

_____

Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult cabarets, and adult entertainment establishments are subject to the following locational requirements in all districts in which they are permitted: No adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult cabaret, or adult entertainment establishment, as defined in section 16-29.001(3)(a)—(e), shall be located within 1,000 feet of any two (2) other adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult cabaret, or adult entertainment establishment, or located within 500 feet of the boundaries of any residential district, R-1 (Residential) to R-G (Residential-General), or within 1000 feet of any public park which exceeds three (3) acres in size, or within 1000 feet of any public or private elementary or secondary school, or within 1000 feet of any church, temple, mosque, synagogue or other religious establishment used primarily for worship purposes. Said distances shall be measured in all cases by a straight line from the closest point of the property line of the site occupied by the subject adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult cabaret or adult entertainment establishment to the closest point of the property line of the site occupied by any other adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult cabaret or adult entertainment establishment. Further, said distances shall be measured in all cases by a straight line from the closest point of the property line of the site occupied by the subject adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult cabaret or adult entertainment establishment to the closest point of any residential R-1 (Residential) through R-G (Residential General) District or to the closest point of any public park exceeding three (3) acres in size or to the closest point of the property line of the site occupied by any public or private elementary or secondary school or to the closest point of the property line of the site occupied by any church, temple, mosque, synagogue or other religious establishment used primarily for worship purposes.

(Code 1977, § 16-28.016; Ord. No. 1996-83, § 2, 12-2-96)

The following design criteria apply to electric vehicle parking and electric vehicle supply equipment ("EVSE") where provided for the use of the general public as a part of off-street parking:

(1)

Electric vehicle parking and charging stations, as defined in Section 16-29.001(56), should be equal to parking space size and performance standards as provided in these regulations. The installation of an EVSE should not reduce the electric vehicle charging station's length to below the size and standards required under Section 16-28.014.

(2)

Criteria for electric vehicle parking and charging stations in off-street parking facilities

(a)

Installation of EVSE shall meet National Electric Code Article 625 as it may be from time to time amended;

(b)

EVSE must be mounted on the wall or on a structure at the end of the space provided and shall be placed at least four and one-half feet above the parking surface of the space. No charging devices may be placed within the dimensions of a space on the sides or entrance to a space

(c)

EVSE mounted on structures such as pedestals, lighting posts, bollards, or other device shall be located as to not impede pedestrian travel or create trip hazards.

(d)

Way finding signs, if installed, shall be placed to effectively guide the motorists to the electric vehicle parking space and/or charging station. Private regulatory signage shall be placed in a manner that shall not interfere with any parking space, drive lane or exit.

(e)

Each electric vehicle charging stations and parking spaces for which any parking incentive was granted shall be reserved for use as an electric vehicle charging station or as electric vehicle reserved parking. If time limits or usage requirements for are to be enforced by vehicle immobilization or non-consensual towing, the posting of signage that complies with the requirements of the City Code applicable to vehicle immobilization or non-consensual towing shall be observed. Vehicle immobilization or non-consensual towing may be enforced for electric vehicle charging stations and parking spaces by the owner or operator of the parking spaces even which no parking incentive was granted.

(f)

Electric vehicle charging stations and parking spaces for which any parking incentive was granted shall be operational at all times. When an electrical vehicle parking station is not operational for 14 consecutive days, it shall be considered to have been removed from service. The failure to maintain the number of electric vehicle charging stations and parking spaces shall be cause to require the installation of the number of parking spaces required by the district regulations.

(g)

A phone number or other contact information shall be provided when the station is not functioning in a manner that allows electric vehicles to be charged.

(3)

Criteria for electric vehicle parking and charging stations on private streets

(a)

On-street parking spaces designated and equipped to be electric vehicle charging stations spaces for which any parking incentive was granted on private streets shall be for the exclusive purpose of electric charging.

(b)

For the purpose of reducing cable management issues and placing the electric vehicle charging station closer to crosswalks and curb ramps, such charging stations shall be installed to use the last space on a block face in the direction of travel wherever possible.

(c)

In perpendicular or angle parking configurations, electric vehicle supply equipment should be centered, or to the left, in front of the electric vehicle charging station for single connectors, and placed between two electric vehicle charging stations for dual connectors.

(i)

EVSE must be mounted on the wall or on a structure at the end of the space provided and shall be placed at least four feet above the parking surface of the space. No charging devices may be placed within the dimensions of a space on the sides or entrance to a space

(ii)

EVSE mounted on structures such as pedestals, lighting posts, bollards, or other device shall be located as to not impede pedestrian travel or create trip hazards

(d)

Where a variation is grated to allow the electric vehicle charging station in parallel parking configurations, EVSE should be installed near the front of the electric vehicle charging station based on the direction of travel.

(e)

When electric vehicle supply equipment is placed in a sidewalk or walkway adjacent to the on-street electric vehicle charging station, it should not interfere with the minimum pedestrian clearance widths as defined in Chapter 11B of the American Disability Act Standard as it may be from time to time amended.

(f)

When cords and connectors are not in use, retraction devices or locations for storage shall be located sufficiently above the pedestrian surface and the parking lot as to reduce conflicts with pedestrians and vehicle maneuvering. Cords, cables, and connector equipment shall not extend across the path of travel in any sidewalk or walkway.

(4)

Signage: The signage associated with electric vehicle charging stations and the reservation of parking spaces for electric vehicles shall be considered incidental signs as defined in the Sign Ordinance. Incidental signs may contain only information and directives concerning the use of the electric vehicle charging stations and the reservation of parking spaces for electric vehicles. No commercial message shall be allowed to be displayed on an incidental sign associated electric vehicle charging stations and the reservation of parking spaces for electric vehicles although the name of the manufacturer or installer of the station may be displayed on the equipment installed at the stations. Where any text or logo other than that contained in this subsection is necessary to provide the general public with information on the operation of the electric vehicle charging stations, a sign permit shall be required. The following signs are allowed without a sign permit:

(a)

General service signs.

An EV general service sign may be displayed without an associated advance turn and direction arrow but no advance turn and direct arrow may be displayed without an EV general service sign. These signs should be no smaller than 12-inch by 18-inch and no larger than 18-inch by 124-inch. The bottom of sign shall be seven feet above ground.

(b)

Private regulatory mounted signage.

One private regulatory sign may be located on each space and must be placed to conform to the design guidelines for parking spaces.

(c)

On-space striping: the following on space striping is permitted in lieu of or in addition to a mounted private regulatory sign.

(5)

Minimum landscaping requirements for surface electric vehicle parking and charging station lots. The requirements of City of Atlanta Code of Ordinances, Chapter 158 Vegetation, Article II, Tree Protection, Section 30, parking lot requirements shall apply to electric vehicle charging stations spaces in addition to the street tree planting requirements, with additional requirements as follows:

(a)

All parking bays shall be terminated with a landscape strip a minimum width of five feet and equal to the length of the parking bay.

(b)

All required landscaped areas shall be planted with evergreen groundcover or shrubs with a maximum mature height of 30 inches; and

(c)

All required landscaped buffer strips, regardless of length, shall have a minimum of one tree planted per 30 feet of length with a minimum caliper of two and one-half inches.

(d)

Existing parking lots shall not be required to reduce the number of parking spaces by more than three percent as a result of implementing the following surface parking lot landscaping regulations.

(6)

Where EVSE is being used exclusively for the charging of vehicles for commercial or industrial uses and is not being made available for the general public, the installation of such equipment shall not be required to meet the criteria for parking spaces made available to the general public but shall be required to be installed to meet National Electric Code Article 625 as it may be from time to time amended.

(Ord. No. 2014-53(14-O-1278), § 4(Attach. D), 12-10-14)

No permit shall be issued for any drive-in bank, drive-in theater or other facility where customers are served in their automobiles, for any car wash (except where such installations are accessory to other principal use and do not involve facilities for washing more than one (1) car at a time) without approval of the bureau of traffic and transportation as to the adequacy of entrance and exit facilities, reservoir spaces adjacent to service facilities, provision for circulation, and layout of parking areas.

The bureau of traffic and transportation may prohibit left-turn movements entering or leaving such establishment, may limit hours when such movements may be made, may require construction of merging lanes adjacent to entrances or exists, and may make such other requirements as are reasonably necessary to assure safety to pedestrians and motorists and to avoid inconvenience and traffic congestion.

In particular, in bound and outbound reservoir spaces (defined as spaces for automobiles waiting for service or parking after clearing the right-of-way of the street, and spaces for automobiles which have left service or parking areas and are waiting to enter the right-of-way of the street) shall be provided at a minimum as indicated below. All such spaces at these and other establishments requiring reservoir spaces shall be a minimum of 22 feet long and 10 feet wide, with additional space for necessary turning and maneuvering.

Drive-in bank: Six (6) spaces before each service position; one (1) space after service space.

Drive-in theater: Before the ticket service space reservoir space equal to 20 percent of the total capacity of the theater. The inbound reservoir area shall not connect or conflict in any way with exit driveways.

Car washes:

Self-service: Three (3) spaces before each wash stall.

Semiautomatic: 20 spaces before the beginning of each wash line; three (3) spaces after the end of each wash line.

Automatic dragline: 40 spaces before the beginning of each wash line, six (6) spaces after the end of each wash line.

Other drive-in facilities (including but not limited to food and beverage sales, and laundry and dry cleaning pickup stations): Three (3) spaces before service position; one (1) space after service position.

(Code 1977, § 16-28.021)

(1)

Excluded portion of structures: Except as specifically provided herein, the height limitations of this part shall not apply to any roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, nor to church spires, steeples, belfries, cupolas, domes, monuments, water towers, fire or parapet walls, roof signs, skylights, flagpoles, chimneys, smokestacks, silos, energy generation structures or similar structures, which may be erected above the height limit.

Antennas, except satellite receiving dish antennas regulated under section 16-28.008 (11) of the zoning ordinance, shall not be subject to the general height limitation specified in any district; provided however, that when antennas are permitted, they shall be subject to all individual district regulations for such antennas, as well as the regulations, standards and criteria, including height limitations, established in section 16-25.002 (3)(i).

(2)

Aviation hazards: No building or other structure (regardless of exclusion as set forth in (1) above) shall be located in a manner or built to a height which constitutes a hazard to aviation. Where a structure is proposed in a location or to be built to a height which the building official believes may be hazardous to air traffic, such structure shall not be erected without certification from the Atlanta Department of Aviation, or its successor in function if its title is changed, that as proposed to be located, constructed and equipped, it will not constitute a hazard to air traffic. (See also chapter 22, "Airport Districts - Special Requirements and Procedures.")

(Code 1977, § 16-28.022; Ord. No. 2019-09(18-O-1581), § 9.6, 1-31-19)

(1)

Intent. For the purposes of conserving and promoting the public health, safety and general welfare and preserving natural, environmental, historical and cultural resources, this ordinance allows and controls the severance of development rights from a sending property and the transfer of development rights to a receiving property.

(2)

Definitions.

(a)

Development rights: Calculated units of development factors that would be allowed on the buildable area of the sending property under its present zoning category disregarding any variance or non-conformity that may presently allow a greater number of development units. Where a zoning category does not require calculation of development rights, no development rights are available for transfer.

(b)

Development factors: Quantified units of transferable development rights that may be severed from a sending property or directly transferred to a receiving property. Density as expressed by floor area ratio; total open space; and usable open space, available to the sending property but which remains unused at the time that the sending property will be dedicated are the only development factors that may be severed from a sending property or transferred to a receiving property.

(c)

Sending area: An area consisting of one or more parcels or lots which can qualify to be a sending property. A sending area may be:

(1)

An area consisting of one or more than one parcel or lot, if contiguous, which is zoned in any category R-1 through R-5 on one portion of the parcel(s) or lot(s) and also zoned RG on another portion of the same parcel(s) or lot(s), provided however that such property must be used for single-family or two-family residential purposes and no other use is allowed by any special permit. Such areas may also be referred to as residential sending areas;

(2)

The boundaries of any property designated as a landmark building or site or historic building or site pursuant to the City of Atlanta Historic Preservation Ordinance;

(3)

One or more lots or parcels that are suitable to be donated to and accepted by the city, and will be dedicated for use as greenspace by an instrument to be recorded in the office of county clerk in which the property is located or property that will be purchased by the city for use as greenspace.

(4)

One or more lots or parcels providing affordable workforce housing units in compliance with chapter 36A of this part.

(5)

One or more lots or parcels providing affordable workforce housing units in compliance with chapter 37 of this part.

(6)

One or more lots or parcels providing affordable workforce housing units in compliance with chapter 41 of this part.

(d)

Sending property: A parcel or lot in a sending area or a parcel or lot with special characteristics including but not limited to: woodland; flood plain; natural habitats; wetlands; groundwater recharge area; marsh hammocks; recreation areas or parkland, including golf course areas; or land that has unique aesthetic, architectural, or historic value that is found by the governing body to be deserving of protection from future development and which will be dedicated to that use when the development rights are severed or directly transferred to a sending property.

(e)

Receiving area: Any area zoned with a classification that allows multi-family residential uses or mixed use, provided that such mixed use has a residential component of at least 50 percent.

(f)

Receiving property: A specific parcel or lot where development rights may be increased through the issuance of a special permit allowing the receipt of the calculated units of development factors defined in this subsection. The governing body shall determine appropriateness and suitability of a receiving property based on its determination that there are no substantially adverse, environmental, economic or social impact on the receiving property or on neighboring properties pursuant to the procedures set forth in this section. A receiving property shall be appropriate and suitable for the increased development allowed by the receipt of the additional development rights to be transferred and no receiving property may be developed in variance from the zoning district regulations in order to accommodate the use of transferable development rights, unless such variance is specifically shown on the site plan submitted with the special permit application.

(g)

Transfer of development rights: The process by which development rights are severed from a sending property and affixed to one or more receiving properties.

(h)

Special permit for transferred development rights: A special permit issued by the governing body after approval of an application as set forth in this section. A special permit application made pursuant to this section shall, in addition to the requirements set forth herein, meet the requirements for special permits set forth in section 16-25.002(3).

(3)

Sending areas and properties.

(a)

Residential sending areas. The designation of a parcel or lot as a part of a residential sending area is not a declaration that the development rights are automatically severable or transferable. In order for any development rights to be severed or transferred, the applicant must show that the future use to be made of the part of the sending property from which the development rights are severed or transferred meets the requirements of this section and section 16-25.002(3). The calculation of the development factors to be transferred shall use only the square footage of that portion of the lot which is zoned RG and such calculation shall not use the entire square footage of the lot. The entire lot, including the RG portion, may in the future be used in any manner allowed by the particular R-1through R-5 zoning on the remaining parcel. A residential sending area may only send development rights to another residential use. Individual contiguous properties in a sending area as defined in this section may apply under one special permit for the transfer of development rights.

(b)

Historic preservation designation for individual sending properties. Any property designated as a landmark building or site or historic building or site may, apply to sever or transfer the development rights not utilized by the present development of the historic property. The historic nomination or designation is not a declaration that the development rights are automatically severable or transferable. In order for any development rights to be severed or transferred, the applicant must show that the future use of the property from which the development rights are severed or transferred meets the requirements of this section and section 16-25.002(3). Approval of the severance or transfer of development rights shall not be a condition of approval of the historic designation, but no development rights shall be transferred until after the property is designated as a landmark building or site or historic building or site. Rights transferred from a designated building or site may be applied to any permitted use, which would be allowed on the designated property. Any redevelopment of the designated property from which the rights have been transferred or severed must be based on the remaining development rights and on the conditions under which the special permit was granted. No part of this section is intended to waive, alter, lessen or otherwise change the application of the City of Atlanta Historic Preservation Ordinance on future redevelopment of the designated property.

(c)

Greenspace sending areas or properties. Before property in a greenspace sending area may sever or transfer development rights, such transfer must be approved either in the same transaction as the purchase or dedication by approval of the application by the governing body or by separate application filed no later than 90 days after the transfer of the property to the city. In order to become a greenspace sending property, a parcel or lot must be the type of property, which would meet the definition set forth in O.C.G.A. § 36-22-2(3) (as amended). Any property purchased by the city for use as greenspace need not be acquired with funds made available from the community greenspace trust fund to be eligible as a greenspace sending property but in all purchases made by the city, the purchase price of the property must be reduced by the appraised value of any development rights which are severed or transferred.

(4)

Receiving areas and properties.

(a)

Receiving areas. The designation of a parcel or lot as a part of a receiving area is not a declaration that development rights may be received by such parcel or lot. In order for any development rights to be received by a parcel or lot, the applicant must show that the future use to be made of the receiving property is in compliance with the terms of this section and section 16-25.002(3). Contiguous individual parcels or lots which are being developed under common ownership may apply to receive development rights under a single application but shall indicate the manner in which the rights to be received are being allocated among the parcels.

(b)

Residential receiving properties. A specific parcel in a receiving area, which is proposed for a multi-family use, or a parcel which is proposed for a mixed use with a residential component comprising more than 50 percent of the floor area of the development, is eligible to apply to become a receiving property.

(c)

Receiving properties for development rights from historic designation. Rights transferred from a landmark building or site or historic building or site may be applied to any permitted use, which would be allowed on the property from which the rights were transferred. The fact that such rights were transferred by a historic designation is not a declaration that the development rights may be received by a property. In order for any development rights to be received by a property, the applicant must show that the future use of the property meets the requirements of this section. No part of this section is intended to waive, alter, lessen or otherwise change the application of the City of Atlanta Historic Preservation Ordinance on redevelopment of any designated property through the use of transferred development rights.

(5)

Application for TDR special permit.

(a)

Sending area or property: Owners of properties in sending areas or properties with special characteristics that are to be designated, developed or used in a manner consistent with the stated intent of this ordinance may apply to the governing body for the severance or direct transfer of development rights in accord with the procedures listed in this section. Each such application shall contain the following:

(i)

A description of the special characteristics of the property and an explanation of the manner in which those special characteristics advance and promote the intent of this ordinance.

(ii)

A map and a legal description of the property from which the transfer is proposed.

(iii)

An original and fully executed instrument to be recorded in the office of county clerk in which the property is located which states that current landowner and any person with an interest in the property, including without limitation any lienholders, consent to the prohibitions against future use of the property except in accordance with the conditions stated as the basis for the transfer of the development rights. Such instrument shall also state that such prohibitions shall be binding on the landowner or any other person with an interest in the property as of the date that the instrument is recorded and that this instrument shall bind every successor in interest to the landowner or any other person with an interest in the property.

(iv)

A calculation of the amount of quantified development factors that are proposed to be severed or transferred.

(v)

A statement specifying whether the development rights are to be transferred to a receiving property or are to be held for future use. If the development rights are to be transferred to a receiving property under the same ordinance authorizing the severance of the development rights, the application shall be in the form of a joint application, which shall be considered by the governing body under the procedures set forth in this section referring to joint applications. If the development rights are to be severed and held by the owner of the sending property, the application shall include the form of a deed of transferable development rights which shall after approval of the transfer vest in the owner of the property and be deemed appurtenant to the sending body until the transferable development right is registered as a distinct interest in real property with the appropriate tax assessor or the transferable development right is used at a receiving property and becomes appurtenant thereto.

(b)

Receiving area or property: Owners of properties, in a receiving area or property eligible to receive development rights from designated historic properties, that seek to develop such property in a manner which requires density expressed as floor area ratio, total open space, or usable open space above that resulting from the calculations applied to the property sought to be developed under its present zoning, may apply to increase amount of such factors which may be applied to the property by application for special permit for the receipt of transferred development rights. Each application shall contain the following:

(i)

An affidavit from the property owner consenting to the use of the transferred development rights and stating that all such rights sought to be utilized pursuant to the application are fully and unconditionally owned by the property owner. Such affidavit shall also acknowledge that the use of the transferable development rights necessary to complete the project shall, upon approval of the application, remain with the property for the life of the development and cannot be severed from the property or otherwise transferred without the property being declared a sending property pursuant to subsequent application.

(ii)

A map and a legal description of the property to receive the transferred development rights.

(iii)

A statement in the form of an affidavit from the property owner identifying the source of the transferable development rights to be used by the receiving property. Said statement shall detail the ownership of the transferable development rights to be used back to the transaction(s) that created such development rights and shall specify the amount that are to be applied to the receiving property.

(iv)

A section which explains how the project meets the requirements for special permits set forth in section 16-25.002(3) and assures future protection of public interest and achievement of public objectives to the same or a higher degree than would application of the zoning district regulations without approval of the application for receipt of the transferred development rights.

(v)

A plan showing exact lot size, location and size of the buildings, structure or improvements to be placed on-site; the specific use of each building, structure, property, or part thereof; detailed arrangement of required parking spaces, location and means of ingress and egress; and, unless waived by the director, bureau of planning, topographic information. The same detailed information shall be required where existing structures are to be used or retained under the terms of this chapter. Plans shall be prepared, signed and sealed by a registered architect, engineer, landscape architect, registered with the State of Georgia, or planners who hold membership in the American Planning Association, competent in the preparation of detailed and accurate plans, drawn to scale. Said persons shall indicate on their plan their state registration number and shall certify that they are familiar with the City of Atlanta Zoning Ordinance, including revisions, and that to the best of their ability, these plans are accurate and comply with the general and district regulations of the zoning ordinance if the application for receipt of the transferred development rights were approved.

(c)

Joint application by sending and receiving property: The owners of sending or receiving properties or properties in sending and receiving areas may apply jointly to have the severance of development rights in a sending property and the transfer to a receiving property approved in the same action of the governing body. The joint application shall contain all of the information required by both types of applications and shall be acted on as one application.

(d)

Withdrawal or denial of applications: An application concerning a TDR special permit, including any applications for amendments, may not be withdrawn after advertisement for the public hearing at which it was to be considered. No fee refunds shall be given for the withdrawal of any application. Substantially the same application shall not be considered within 24 months from the date of withdrawal or denial.

(e)

No transferable development rights affected by withdrawal or denial of an application. If an application for the severance, transfer or receipt of development rights is withdrawn or denied, the development rights at issue in the permit retain the characteristics, which they had prior to the withdrawal or denial of the application.

(6)

Processing of the application. The council, after conformance with the requirements established in this section and in conformance with the procedures and requirements so established in Chapter 27, "Amendments," may authorize the severance or transfer of development rights and the receipt of development rights under the special permits authorized in this section. Where a special permit for the receipt of development rights increases the development of a parcel in a manner that would otherwise be prohibited by the zoning district regulations, such development shall be allowed after approval of a special permit by the governing authority but only to the extent made necessary by the receipt of the development rights and in the manner specified in the special permit.

(7)

Tracking of ownership of development rights. The bureau of planning is authorized and directed to develop a system for monitoring the severance, ownership, assignment and transfer of development rights. The records maintained by the bureau of planning shall be an official record of the City of Atlanta for purposes of the analysis of applications for the transfer of development rights.

(8)

Purchase and resale of development rights. Development rights may be bought or sold by any person. It shall be the responsibility of private parties to such transaction to register the change in ownership with the Bureau of Planning within 30 days of the purchase. The failure of private entities to register the change in ownership resulting in applications, which differ from the records of the city shall be cause for denial of the application.

(9)

Purchase of development rights by the city. The city is authorized to purchase development rights in the same manner as any other interest in real property and may hold the development rights for conservation purposes or for resale.

(10)

Transferred development rights to remain with the receiving property; severance of unused TDR's after completion of development. After the use of transferred development rights are approved for a receiving property by a TDR special permit, the transferred development rights are appurtenant to the property and may be transferred as a part of any future sale of the property without further approval of the city, provided however that neither the use nor site plan approved as part of the TDR special permit allowing receipt of the transferable development rights may be substantially modified without amendment of the permit by the governing authority.

(a)

Transferred development rights, not used on the property for which their receipt was authorized, cannot be severed or transferred without further action of the governing authority. After the issuance of a certificate of occupancy for all structures on the site plan approved as a part of the special permit, the development rights transferred to a property and not utilized in the manner described in the special permit may be severed or transferred from the receiving property by amendment of the special permit by the governing authority.

(b)

Upon a written finding by the zoning administrator that the development of the receiving property in the manner provided by the amendment could or did occur without the use of all transferred development rights specified in the original special permit, the governing authority may, at the time of approval of an amendment to the special permit, provide that the amount of any transferred development rights not utilized, be severed from the receiving property. The governing authority shall make a finding as whether the development actually undertaken on the property has had no substantially adverse, environmental, economic or social impact that would not be present if the development had been completed as contemplated in the special permit and shall determine if the partial development of the property through the use of only some of the transferred development rights has allowed the development of structures which are at variance with the zoning district regulations such that the remaining property should be made available for development at the increased density allowed by the remaining transferred development rights.

(11)

Expiration of transferable development rights special permits. If initial development of a property to which development rights have been transferred is not begun within 12 months, or a certificate of occupancy issued for all structures on the site plan within 24 months, after the issuance of the TDR special permit, the permit will automatically expire. The terms of a TDR special permit may extend these time limits but, any extensions not specifically stated must be approved by the governing authority. For the purposes of this section, the issuance of a building permit and construction activity with a cost of more than $5,000.00 are considered to constitute initial development. If for a period of 12 consecutive months, after the issuance of the first certificate of occupancy for the site, the property for which the receipt of development rights was permitted is used in a manner not specifically described in the permit, the special permit will automatically expire and conversion back to the use for which the special permit was issued will require renewal of the permit.

(a)

A determination as to whether the "automatic expiration" of a permit has occurred shall be made by the zoning administrator, who shall notify the applicant of the decision in writing. The zoning administrator shall also notify the director of the bureau of buildings, that the permit has expired. The decision shall be reviewable in the same manner as other administrative decisions.

(b)

Transferable development rights, which attached to a property prior to their expiration, cannot be revived for use on that same property except when authorized by a renewal of the special permit. If the application for the renewal of the special permit is denied prior to the initial development of any structures on the site, the development rights transferred to the property are severed without the need to show that the property would otherwise qualify as a sending property. As a part of any denial of the application for renewal at any other stage of development on the site prior to the issuance of the certificate of occupancy, the governing authority shall make a finding as whether the development actually undertaken on the property has had no substantially adverse, environmental, economic or social impact that would not be present if the development had been completed as contemplated in the special permit and shall determine if the partial development of the property through the use of only some of the transferred development rights has allowed the development of structures which are at variance with the zoning district regulations such that the remaining property should be made available for development at the increased density allowed by the remaining transferred development rights.

(c)

No building permit for structures requiring the use of transferred development rights may be issued or allowed to remain in effect where the TDR special permit has expired.

(12)

Future rezonings. Where any property containing a sending property is rezoned after development rights have been severed or transferred, the rezoning shall not act to restore any of the severed or transferred development rights.

(Code 1977, § 16-28.023; Ord. No. 2003-95, § 1, 10-14-03; Ord. No. 2004-54, § 1, 8-2-04; Ord. No. 2017-72(17-O-1542), § 3, 11-29-17; Ord. No. 2021-15(20-O-1729), § 4, 3-24-21)

(a)

A building permit is required for rail transportation communication facilities but no special administrative permit is required.

(b)

Collocation of private antennas and other types of communications equipment is permitted on antenna or tower structures or as part of other rail transportation communication facilities and shall be allowed, provided that:

(i)

The conditions set forth in section 16-25.002(3)(i)(iv)(k) are met; and

(ii)

The collocation of the private antenna and any accessory equipment or structure may remain in place only so long as the exempt structure is used for rail transportation or rail line communications.

(c)

Where collocation of private telecommunications antennas is intended on antennas or towers constructed or to be constructed as a part of a rail transportation communication facility, a special administrative permit for such collocation is not required provided the requirements of subsection (b) above have been met. Accessory equipment and structures necessary to support the private collocation shall be included as a part of the building permit applications.

(d)

Rail transportation communication facilities for multiple sites and equipment configurations where collocation of private telecommunications antennas is intended may be analyzed and permitted as a part of a long-term development master plan permit agreements whereby the office of zoning and development may issue individual permits on an expedited basis for an individual site that was included in and is fully consistent with the terms of the master plan. Such agreements shall be processed in accordance with the time requirements of section 16-25.002(3)(i)(iv)(k).

(Ord. No. 2007-58(07-O-1126), § 2, 10-8-07; Ord. No. 2019-09(18-O-1581), § 9.5, 1-31-19)

Public art is a visual, wholly noncommercial artistic expression intended and able to be viewed from a public way that meets the criteria specified herein. Public art meeting the following criteria may be conditionally located in any district. Consistent with the purpose and intent of this section, the Atlanta city council may, by ordinance, approve a work of public art. Said approval shall not be granted unless said ordinance contains the following three preliminary certifications:

(1)

A certification from the director of the bureau of traffic and transportation or designee that the work will not constitute a traffic hazard or undue and dangerous distraction to motorists or pedestrians;

(2)

A certification from the executive director of the urban design commission or designee that the work does not contain and is not intended to convey a commercial message primarily, provided that the name of a sponsor for said work may be displayed on an adjacent plaque or similar display that is no more than two square feet in area; and

(3)

A certification from the director of the bureau of cultural affairs or designee that the work is not inconsistent with the City of Atlanta's public art program. The council, if provided with these certifications, shall approve, conditionally or otherwise, a work of public art upon finding that it does not negatively affect the public interest related to aesthetics, additional sign clutter, and public safety. In making this finding, the council shall consider the required certifications; the spatial relationship of the proposed art to the building or premises upon which it is located as well as the surrounding area; vehicular and pedestrian traffic safety; the existence of nearby signs; and the size, dimensions and other physical characteristics of the proposed work. In applying these criteria, the council shall in no way restrict the content or message of the proposed work.

(Ord. No. 2003-97, § 6, 10-14-03)

(a)

Any eating and drinking establishment having a license for the on-premises consumption of malt beverages, wine and/or distilled spirits at the time of the passage of this ordinance, and which has otherwise satisfied the parking requirements in effect prior to its passage of this ordinance, shall not be required to provide additional parking if it derives more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits. Where such use is abandoned, any new use at the location shall be required to meet all current parking requirements.

(b)

Any eating and drinking establishment beginning operation after the passage of this ordinance providing required parking only for eating and drinking establishments and which derives more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits and which does not provide the increased parking where required by the district zoning regulations shall be given 12 months after the issuance of a correction notice to provide the required parking at the increased level or being granted a special exception to reduce parking before further enforcement action may be taken. Such notice of correction shall be effective as to any persons who may take control or ownership of the establishment after the date that such notice is issued.

(c)

The director of the bureau of buildings is authorized to request from the business license applicant of an eating and drinking establishment subject to the increased parking requirement for those establishments which derives more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits, permission to access such documentation in the custody and control of the city as is necessary to establish whether the establishment provides the required amount of parking. The refusal to provide such permission shall not be a violation of this ordinance but the director shall find that the-establishment is to provide the number of parking spaces for those establishments, which derive more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits.

(Ord. No. 2005-41(06-O-0381), § 56, 7-12-05)

For new construction, the height of the main floor level of any new single-family, two-family or duplex structure shall be measured as the distance between the top of the sub-floor of said level and the grade as established by plans meeting the specifications required for soil erosion and sedimentation control by section 74-40 (as it may be amended) and shall be no higher than the greatest of the following:

(a)

Four feet above the existing undisturbed grade of the lot as grade is determined shown in the manner required in this section; or

(b)

Three feet above the average finished grade level at the property line adjacent to any right-of way(s); or

(c)

Three feet above the street fronting main floor threshold level of an existing structure that is to be demolished for the construction of a new single-family, two-family or duplex dwelling.

(Ord. No. 2007-48(07-O-0642), § 8, 8-23-07)

Editor's note— Ord. No. 2007-48(07-O-0642), § 8, approved August 23, 2007, amended the Code by adding provisions designated as a new section 16-28.026. Inasmuch as there already exist provisions so designated, Ord. No. 2007-48(07-O-0642), § 8 has been codified herein as a new section 16-28.027 at the discretion of the editor.

(1)

All parking structures, or any story thereof, located in whole or in part above finished grade and used either as a principal use or as accessory parking for another use shall meet the following standards unless granted a variance by the board of zoning adjustment, with an exception that the Atlanta Urban Design Commission shall have the authority to vary this section for properties subject to the requirements found in Part 16, Chapter 20. However, parking structures which were constructed or which will be constructed pursuant to a valid building permit properly applied for prior to the effective date of the adoption of this section shall be exempt from this Section. Whenever the following regulations conflict with existing zoning regulations the stricter regulation shall apply:

a.

Parapet walls: On all levels where parking is provided adjacent to an exterior wall, all façades shall have exterior opaque walls a minimum height of 42 inches above any finished grade and any finished floor.

b.

Public façades: When a parking structure façade is adjacent to or facing any public park or plaza, public right-of-way, public sidewalk, sidewalk-level outdoor dining area, private street, or BeltLine corridor, such façades shall comply with the following:

i.

Any such façades from finished grade to the fourth level of the parking structure shall have openings screened to prevent views into the structure except for perpendicular vehicular ingress and egress openings at a maximum width of 30 feet and pedestrian access openings at a maximum width of eight feet.

ii.

Screening elements shall be designed in a structurally sound manner and have a gap of no more than 18 inches from the frame of the screening element to the wall opening. Alternative decorative elements which provide an equivalent level of screening may be allowed in an accessory parking structure where such elements are employed to match the architectural character of the main building. Mesh or decorative panels, tinted or sandblasted opaque spandrel glass, or similar screening elements shall be used. Where mesh or other materials containing openings is used in conjunction with the screening frame, no individual opening shall exceed four square inches. Chain link fencing and similar screening elements shall be prohibited as an allowable mesh or similar screening element.

c.

Non-public façades: When a façade is adjacent to or facing any R-1 through R-5, RLC, RG-1, RG-2, MR-1, MR-2, or PD-H districts or existing residential use and is not subject to section 1(b) above, all such façades shall comply with the following:

i.

Height: The structure shall not exceed 35 feet in height from finished grade to the top of the subject exterior wall structure for a minimum distance of 60 feet from each façade adjacent to such above described district or use with the exception of vertical circulation elements such as elevator shafts or stairwells. The underlying zoning requirements regarding maximum height and transitional height plane shall apply.

ii.

Façade walls: When built at a zero set back on the property line adjacent to the districts or use as allowed by the underlying zoning requirements regarding minimum yards, said façade(s) shall be entirely enclosed with walls which shall also wrap from any such façade corner at the property line a minimum distance of 20 feet away from such an above described adjacent residential district or use.

iii.

Landscaping: When not built at a zero set back on the property line adjacent to the districts or use, a continuous minimum ten feet wide landscaped strip between the structure and said property line shall be provided, except for perpendicular vehicular ingress and egress openings at a maximum width of 30 feet and pedestrian access openings at maximum width of eight feet. Said landscape strip shall be planted with evergreen ground cover such as mondo grass, liriope spicata, ivy or evergreen shrubs with evergreen trees spaced a maximum distance of 20 feet on center. Said trees shall be a minimum of two and one-half inches in caliper as measured 36 inches above ground, shall be a minimum of 12 feet in height, and shall have a 40 feet minimum mature height. Notwithstanding the foregoing, all plantings, planting replacement and planting removal shall be approved by the city arborist with any administrative variations from the tree planting requirements granted in accordance with Chapter 158 Vegetation, Article II Tree Protection regulations.

d.

Lighting shall be designed to reduce light spillage outside the parking structure according to the following criteria:

i.

Any internal illumination in which light fixtures can be directly visible from the exterior of a parking structure shall either be directed internally upward or shall contain shielded internal light fixtures to prevent such visibility.

ii.

Rooftop lighting shall be located at an elevation height less than the top of the nearest exterior perimeter rooftop wall; or shall be setback a minimum of 15 feet from the exterior perimeter of the rooftop wall at a maximum mounted height of 12 feet above finished floor with cutoff light fixtures that have a maximum 90 degree illumination.

(Ord. No. 2008-67(08-O-0196), § 1, 7-21-08)

(1)

Definitions. The words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. The use of capitalized abbreviated reference terms for the definitions contained herein are intended to refer to the terms and phrases from which they were derived.

(a)

Public-service bicycle rental service means a system managed by the city, and operated by others under a contract with the city, which provides the public with opportunities to rent bicycles from a network of stations at locations on public property including areas of the right-of-way, or private property. A person or entity meeting the definition of a public self-service bicycle rental service shall also be permitted to operate as a private self-service bicycle rental service.

(b)

Private self-service bicycle rental service means a system operated by private entities, not under contract with the city, for the purpose of providing the general public with opportunities to rent bicycles from self-service bicycle rental stations that are operated as an accessory to a primary use and that meet the requirements set forth in this section.

(c)

Public self-service bicycle rental station means a facility constructed as a part of a public self-service bicycle rental service where bicycles are made available for rental without employees or attendants being required to take payments from customers, rent bicycles to customers or receive bicycles from customers when the bicycles are returned from rental, which station may include a kiosk and storage.

(d)

Private self-service bicycle rental station means a facility constructed as an accessory to the main use on private property by a private self-service bicycle rental service and where bicycles are made available for rental without employees or attendants being required to take payments from customers, rent bicycles to customers or receive bicycles from customer when the bicycles are returned from rental, which station may include a kiosk and storage.

(e)

Self-service bicycle rental station ("station") is a term that includes both public self-service bicycle rental stations and private self-service bicycle rental stations.

(f)

Self-service bicycle rental station kiosk ("kiosk") means a structure containing the self-service device by which self-service rental bicycles are rented or other permission is given for their use at a self-service bicycle rental station. For the purpose of these regulations, the front of the kiosk shall be considered the side or face of the kiosk where an individual operates the mechanisms for making payments or obtaining permission for rentals.

(g)

Self-service bicycle rental storage ("storage") means that portion of a station that is utilized for the storage of rental bicycles available for rental or being returned after rental; provided that no part of any station may be used for the storage of rental bicycles that are inoperable or which cannot be rented within 24 hours after their return, for the servicing of rental bicycles, or for the storage of any other goods or materials.

(h)

Bicycle rental service provider ("provider") is a term that includes those persons or entities responsible for providing public self-service bicycle rental services and/or those persons or entities providing private self-service bicycle rental service.

(i)

Map or instruction board means a sign attached to or constructed as a part of a station for the purpose of wayfinding and/or providing instructions on the use of the station for the purpose of renting and operating of self-service rental bicycles.

(j)

Kiosk information sign means a sign or display posted on the front side of kiosk for the purpose of providing 24-hour contact number where customers may make inquiries and may otherwise obtain information about the operation of the kiosk.

(k)

Self-service rental bicycle ("rental bicycle") means, for the purpose of this section, a bicycle rented from public self-service bicycle rental stations or private self-service bicycle rental stations.

(l)

Helmet vending machine means a structure for the self-service sale and or rental of bicycle helmets. For the purpose of these regulations, the front of the machine shall be considered the side or face of the machine where an individual operates the mechanisms for making payments.

(m)

Interconnectivity agreement means a written agreement between providers whereby the terms of interconnectivity between the providers' stations are set forth.

(n)

Interconnectivity means the ability for the customers of one provider to rent or return the rental bicycles of another provider at a station which belongs to either provider in a manner that supports the citywide bike share system.

(o)

Citywide bike share system is an initiative by the city to implement certain of the recommendations as generally set forth in the Atlanta-Decatur Bike Share Feasibility Study in order to provide a non-traditional transit option to cover the "first and last mile" of a transit trip by encouraging and installing infrastructure that will allow access to rental bicycles and for other purposes.

(2)

Where permitted.

(a)

Public self-service bicycle rental stations may be located on any public right-of-way or city-owned property including public parks and city-owned recreation facilities under a contract with the city; provided however that the approval of the city shall at all times be required for installation and continued operation.

(i)

A person operating in the city as a public self-service bicycle rental service shall be required to meet the requirements which apply to private self service bicycle rental stations.

(ii)

Where city right-of-way is located in the R-1, R-2, R-3, R-3A, R-4, R-4A, R-4B, R-5 or PD-H zoning district, the right-of-way shall not be used for public self-service bicycle rental stations except where such right-of-way is on a street that is adjacent to a city park.

(b)

Private self-service bicycle rental stations are permitted only as an accessory use to a primary use that is regularly open for business or occupancy and may be located in any zoning district except for R-1, R-2, R-3, R-3A, R-4, R-4A, R-4B R-5 or PD-H; provided however when any district, parcel or building is designated or is otherwise regulated by the historic preservation ordinance, the urban design commission's approval for the construction of the station as an accessory use to the designated property shall be required.

(c)

Offices or repair facilities for providers may be staffed by employees but such use shall be permitted only as a primary use which is subject to the zoning of the parcel on which such use is located. A station may be located on the same parcel as an accessory to that permitted use.

(3)

Minimum size for private bicycle rental service providers; interconnectivity agreements. access to stations and rental bicycles that allows the general public to have the ability to make one-way trips or reasonable round trips is a vital part of the bicycle sharing experience and distinguishes the bicycle sharing experience from renting bicycles from fixed single rental locations and is necessary to support the citywide bike share system. The public purpose of allowing the location of private self-service bicycle rental stations as an accessory use on private property is not enhanced or served when only a limited number of stations are available for the renting and return of a limited number of renal bicycles and does not support the implementation of the citywide bike share system. The negative impact on the bicycle sharing experience enjoyed by the general public which is caused by having a limited number of stations and a limited number of rental bicycles is best addressed by requiring that private self-service bicycle rental providers offer a minimum number of stations which are served by a sufficient number of rental bicycles. The public purpose of the bicycle sharing experience is also met by allowing, but not requiring, interconnectivity agreements among providers.

(a)

Private self-service bicycle rental providers shall be required to offer access to a minimum of 50 stations and 500 rental bicycles before an application for a special administrative permit may be issued by the office of planning.

(b)

Private self-service bicycle rental providers may meet the requirements of this subsection through interconnectivity with another provider that already has stations and rental bicycles permitted by the city, either as a public self-service bicycle rental provider or as a private self-service bicycle rental provider; however, in no event shall any provider be required to enter into an interconnectivity agreement with another provider or otherwise allow any other provider's equipment to interconnect or allow subscriptions to be interoperable with its own bike share system and equipment. Interconnectivity which brings the number of stations and rental bicycles in the city above the minimum number required in this subsection may be shown for the purpose of an application for special administrative permit by an interconnectivity agreement, affidavits and verification, all as set forth below. If the aggregate number of stations and rental bicycles between the parties to an interconnectivity agreement brings the number of stations and rental bicycles above that required by this subsection, the processing of the special administrative permit may proceed subject to the requirements of this section.

(i)

An interconnectivity agreement submitted to the office of planning shall be accompanied by an affidavit from the applicant and from the other party to the interconnectivity agreement attesting to the truth of the statements set forth therein. The affidavit shall include, without limitation, the number of rental bicycles made available and the location of the stations which are necessary to meet the required minimum size for private bicycle rental service providers.

(ii)

The interconnectivity provided in such agreements shall state, without limitation, that each provider to the agreement shall actually make its stations and rental bicycles available to customers of the other.

(iii)

No interconnectivity agreement shall be recognized by the city for the purpose of allowing a provider to meet the minimum number of stations and rental bicycles set forth in this section unless actual interconnectivity exists and is proven to office of planning by a demonstration of interconnectivity between providers prior to the issuance of the special administrative permit.

(iv)

Beyond verifying that interconnectivity for the required number of stations and rental bicycles shall be provided and maintained between the providers for the term of the interconnectivity agreement, neither the office of planning nor any other city office or department shall enforce the terms of interconnectivity agreement between the parties thereto.

(c)

A failure of interconnectivity which reduces the access of the public to stations or rental bicycles below the minimum number of stations or rental bicycles below that which this section requires a provider to maintain shall not allow such provider to maintain operations of the nonconforming station or stations or make rental bicycles below the required number available for rental. Notwithstanding any other sections of Part 16 to the contrary no provider may maintain operations by use of stations of rental bicycles which are below the minimum number required by this subsection.

(d)

The failure of a private self-service bicycle rental provider to provide the minimum number of stations or rental bicycles for more than 30 days shall cause the special administrative permit to be subject to revocation. Where a special administrative permit allowing a private self-service bicycle rental provider to operate its stations has been revoked, no operations shall be permitted at any stations operated by that provider and the kiosk and rental bicycles shall be removed. The provisions of Chapter 24 of Part 16 shall not operate to prevent a special administrative permit from being revoked or prevent a station from being subject to removal.

(e)

A private self-service bicycle rental provider shall be required to equally disperse its stations throughout the city in locations that are accessible for residents in both high occupancy and low occupancy areas and high income and low income areas in the same manner as the public self-service bicycle rental provider.

(4)

Permit procedures.

(a)

All stations shall obtain a special administrative permit which shall evaluate its conformity to this section and to the Zoning Code. This review shall also evaluate the relationship of the kiosk, including the related signage, and the storage portion of the station to the site conditions as well as the adjacent sidewalks and streets and adjoining properties.

(i)

No building permit shall be issued without an approved special administrative permit.

(ii)

A site plan shall be required with the special administrative permit application. The site plan shall specify the height, footprint size and location of the kiosk as well as the size and location of the storage. All entrances and exits to the station shall be on the site plan.

(b)

All stations shall obtain a building permit for construction in conformity with the City Code in the same manner as any other accessory structure as well as conformity to the criteria set forth in this section.

(i)

As a part of the building permit application for a station, a sign permit application shall be submitted which details the size of each size and all sign copy to be displayed as well as an exemplar of the size of the signs to be displayed on the rental bicycles to be stored at the station. The permission to erect signs on a station shall be permission to store rental bicycles at the stations with signage which corresponds with the exemplar as to size. So long as the signs on the rental bicycles correspond to the size of the exemplar, the copy on the signs displayed on each of rental bicycles stored at the station need not be identical.

(c)

In reviewing the application for the special administrative permit and/or the building permit, the reviewing agency shall be authorized to consider the City Code as well as all regulations set forth in this section, including without limitation, the criteria for self-service bicycle rental station design.

(d)

The failure to meet the conditions of the special administrative permit or the Code shall be grounds for its revocation. No station may continue in operation and must be removed upon the exhaustion of any appeal permitted as a part of the process of revocation.

(e)

No special administrative permit shall be issued to a private self-service bicycle rental provider unless such provider meets the same insurance requirements, bond requirements, service and operability requirements and other conditions that are required of any public self-service bicycle rental provider, as evidenced by the city's contract with such public self-service bicycle rental provider. Failure of any private self-service bicycle rental provider to continue to satisfy such requirements shall be grounds for revocation of the special administrative permit.

(5)

Criteria for self-service bicycle rental station design.

(a)

The maximum height of any part of a kiosk, including permitted signage, shall be eight feet and six inches as measured from the grade of nearest adjacent sidewalk.

(b)

No kiosk shall occupy a footprint of more than eight square feet.

(c)

No kiosk or storage shall be located on any part of a sidewalk which results in the sidewalk having less than a six-foot clear zone.

(d)

Each kiosk shall display a kiosk information sign on its front side, at least than six inches by six inches but no greater than two feet by five feet, and which shall be at least two feet and six inches above ground level that identifies the station by address. Each such sign shall include a 24-hour contact number where customers may make inquiries and may otherwise include the name and logo of owner or manufacturer of the station, one station sponsor, and a provider number or code. These signs or displays may not be illuminated, and shall not include any flashing, moving, digital or electronic changeable copy features.

(e)

Each kiosk shall be oriented and placed on the site of the station in a manner that directs its use toward users of the facility.

(f)

When evaluating a site plan, the reviewing agency shall examine proximity to street intersections, pedestrian crosswalks driveways, and building entrances or exits in order to minimize conflicts with pedestrians and vehicular traffic.

(g)

Any power sources must be depicted on the site plan and must meet all applicable electrical code standards.

(h)

A station may be, but is not required to be, lit by free standing lights and/or light fixtures attached to the kiosk, provided however that such lighting shall be designed to reduce light spillage outside the station by directing the lighting internally downward or using shielded light fixtures.

(i)

Storage for self-service rental bicycles shall not be permitted on any required parking spaces for a parcel or be permitted, but may be located on parking spaces that are in excess of the required parking spaces. Storage for self-service rental bicycles shall be permitted within required open or public space.

(j)

A station may provide for reserved vehicle parking on the same parcel as the primary use but the parking remaining available for the primary use shall meet the required parking for that use.

(k)

No station may be designed or installed in a manner that requires employees to operate it for the purpose of taking payments from customers, renting bicycles to customers or receiving bicycles returned from rental.

(l)

A station may include up to two helmet vending machines.

(6)

Signage on stations and rental bicycles.

(a)

Purpose of the signage regulations. The findings, purposes and intent of Chapter 28A, as expressed in section 16-28A.003, are included by reference as supporting the limitations on such advertising. With respect to public self-service bicycle rental service, the city intends to defray or entirely avoid the cost of implementing the citywide bike share system and providing public self-service bicycle rental stations, or allow the public self-service bicycle rental service provider to defray or avoid such cost, by granting permission for signage for the purpose of sponsor identification. With respect to the signage on private self-service bicycle rental stations and the rental bicycles which may be located at such facilities allowing the incorporation of the name of the provider or its sponsor on the kiosk or the rental bicycles, such signage is considered to be a display on a device similar to vending machines, newspaper racks or telephone booths that is incidental to the provision of the service and shall not be considered to be general advertising. Likewise, the incorporation of place names or logos on the map and instruction boards is incidental to the instructional or wayfinding purpose and shall not be considered to be general advertising. Other than the permission granted in this section for incidental displays no advertising of any type is permitted on self-service bicycle rental stations or the rental bicycles stored at such stations.

(i)

Based on the specialized purpose of permitting signage on stations and rental bicycles and notwithstanding any other provision of the Code of Ordinances, signs on stations and rental bicycles shall be allowed to display the type, size and number of signs permitted by this section. Unless a sign is specifically permitted by this section or the Code and any required permit has been obtained, it shall not be displayed at any station or on any rental bicycle.

(ii)

Stations are a permitted accessory use and are not entitled to any separate business identification signage either for the bike share accessory use or for the primary use.

(b)

Signage permitted at stations.

(1)

Signage on kiosks.

(i)

So that the users of rental bicycles may be able to identify among providers, each station may display the name of the provider operating such station and the name and/or logo of a single sponsor on each face of the self-service bicycle rental station kiosk.

(ii)

The size of the display (either by attached signage on the kiosk or painted or otherwise represented on the body of the kiosk) shall be limited to 1,728 square inches on each face. These signs or displays may not be illuminated and shall not include any flashing, moving, digital or electronic changeable copy features; provided however that any screen used by an individual in the operation of the mechanisms for making payments or obtaining permission for rentals is exempt from this restriction but such screen shall not exceed nine by 12 inches.

(2)

Map and instruction boards.

(i)

So that the users of rental bicycles may be better able to plan their routes, stops at places of interest and places to return the rental bicycles and be instructed on the use of the stations and safety procedures, map or instruction boards and public announcements may be displayed on sides and rear of the kiosk stations in the manner provided in this section. No map or instruction board shall be internally illuminated and shall not include any flashing, moving, digital or electronic changeable copy features. Only one, two-sided map and instruction board map shall be displayed at any station.

(A)

Instruction boards shall be no greater than 12 square feet and shall be for the purpose of describing the manner of operation of the station and the bicycles. Such instruction boards may contain the logo and/or business name only of the owner, managing agent, provider, the sole station sponsor, the station name, or manufacturer of the station provided that such display is not more than one-half of a square foot in area.

(B)

Maps shall show other stations in the bike sharing system may display the configuration of streets in the city or other directional information. Maps shall be no greater than 12 square feet. A maximum of 20 percent of the map may be used for the display of the names, addresses and logos of businesses and attractions which appear on the map. A reference to the physical location of such commercial venture and attractions on the map shall be required for any name, address and logo to appear on the map.

(3)

Bike racks.

(i)

Each bike rack is permitted to have multiple copies of an identical sponsor display on any of its parts but this shall be the sole type of display that is permitted on a bike rack. Each individual displays shall be limited to a maximum size of 324 square inches.

(c)

Signage on rental bicycles. Signage containing the name and/or logo of the provider or a station sponsor is permitted on the fender, luggage rack or basket, interior of the basket, handlebars, pedals, wheel rim tail light, or frame of rental bicycles stored on or rented from stations but no protruding or projecting component or appendage shall be attached to a rental bicycle for the purpose of providing a mounting surface for advertising.

(d)

Signage on helmet vending machines.

(i)

The name and logo of sponsors or the helmet manufacturer is permitted on the helmet vending machines. The helmet manufacturer display does not require a sponsorship agreement but it shall be limited in size to the same size as permitted sponsor displays.

(ii)

The size of the sponsorship identification display (either by attachment to or as directly on the body of the helmet vending machine) shall be limited to 324 square inches on each face of the helmet vending machine.

(iii)

No display on a helmet vending machine shall be illuminated and shall not include any flashing, moving, digital or electronic changeable copy features; provided however that any screen used by an individual in the operation of the mechanisms for making payments or obtaining helmets is exempt from this restriction but such screen shall not exceed nine by 12 inches.

(Ord. No. 2015-09(14-O-1345), § 1, 3-11-15)

The following rules apply in all zoning districts except R-1 through R-5, RLC, Planned Development Districts, and buildings, sites or districts designated pursuant to chapter 20 of part 16.

(1)

Unified development plans are authorized by Special Administrative Permit (SAP) when one or more parcels of land is under common control. The required SAP for unified development plan shall only be used to demonstrate conformance with the provisions of this section.

(2)

Unified development plans shall be used to establish conformance with side and rear setbacks, transitional yards, transitional height plains, lot coverage, on-site parking and loading, open space, and floor area ratio utilizing the entire area under common control.

(3)

When a single unified development plan is located in two or more zoning districts, the portion of land in each district shall conform independently, except as otherwise provided for by the Zoning Ordinance or as follows:

a.

Open space may be located anywhere in the area subject to the unified development plan.

b.

On-site parking and loading may be located anywhere in the area subject to the unified development plan.

(4)

Properties developed pursuant to an initial unified development plan approved under a single SAP may be subdivided into different ownership that can be acknowledged as separate parcels, even if any of the subdivided parcels would not meet all of the side and rear setbacks, transitional yards, transitional height plains, lot coverage, on-site parking and loading, open space, and floor area ratio requirements after the subdivision is completed provided that:

a.

Any subdivision undertaken pursuant to this section shall be granted only if the amount of floor area existing or currently under development pursuant to a validly issued building permit meets the applicable requirements of the zoning district;

b.

Where uses are limited to a particular amount of floor area by any condition of zoning or any SAP approval not required under this section, this section shall not be construed to require the Director to apportion the uses that may be undertaken on any individual parcel or reserve any amount of floor area that may be dedicated to a particular use for future development of other parcels unless an approved site plan shows specified uses attached to specific parcels;

c.

The Director shall analyze uses permitted on any parcel in a unified development plan based on the mix of existing uses and noted requirements and the uses proposed in the SAP under review; and where any SAP is pending concerning a limiting amount of floor area allowed for a particular use, the amount of such floor area available shall be removed from that available area of the overall unified development plan as of the date of initial SAP application;

d.

No properties developed under a unified development plan can be subdivided in a manner that prevents access to sufficient exits by occupants of any structure or prevents access to the entire parcel by police, fire and emergency service personnel, even where served by private streets; and

e.

An owner of a subdivided parcel of a unified development plan shall be allowed to rebuild equal or lesser floor area of any structure which is located on that part of property in their ownership without permission of other owners holding other parcels in the unified development provided, however, that this authorization shall not allow the uses or requirements to be amended unless approved by the Director and all owners.

(5)

Any changes from the approved unified development plan shall require a new or amended SAP, which shall be based on the same area of land as the initial approval. Where a single property owner no longer owns all parcels, the applicant shall obtain authorization from all property owners prior to permit submittal, with the exception of public streets deeded to the City of Atlanta.

(Ord. No. 2018-11(18-O-1023), § 9.A, 5-16-18)