Decatur City Zoning Code

ARTICLE 5

- Special and Overlay Districts

5.1.1. - Purpose

The purpose of this district is to recognize the particular needs of colleges, seminaries and hospitals already existing and to permit the variety of uses necessary to support such institutions without resorting to spot zoning. The designation of this district within the City shall be made by amendment to the zoning map following consideration of a comprehensive site development plan by the Decatur Planning Commission and approval by the City Commission.

5.1.2. - Development Standards

Establishment

Institutional zoning districts shall be established only through regular zoning amendment procedures after consideration by the Planning Commission and approval by the City Commission of a comprehensive site development plan. The comprehensive site development plan will become the regulations governing the development of the institutional zoning district upon establishment of the district, along with the other applicable provisions of this UDO.

Amendments

Amendments to the comprehensive site development plan of an institutional zoning district shall be made by following the same procedure required for amending the UDO and map.

Rezoning

Properties which are already developed may be considered for rezoning to institutional with the submission of a site plan showing existing conditions. Any changes proposed in the development or use of the property must be clearly indicated on a comprehensive site development plan.

5.2.1. - Historic Preservation Commission

Creation; Title

There is hereby created a Commission whose title shall be "Decatur Historic Preservation Commission."

Position within the City

The Historic Preservation Commission shall be part of the planning functions of the City. It is intended to serve as the City's Historic Preservation Commission pursuant to the Georgia Historic Preservation Act, as amended.

Membership; Number; Terms; Compensation

The Historic Preservation Commission shall consist of 7 members appointed by the City Commission. All members shall be residents of the City and shall be persons who have demonstrated special interest, experience or education in history, architecture or the preservation of historic resources.

To the extent available in the City, at least 5 members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archaeology, landscape architecture, or related disciplines.

Members shall serve 3-year terms. Members may not serve more than 2 consecutive 3-year terms. In order to achieve staggered terms, initial appointments shall be: 2 members for 1 year; 2 members for 2 years; and 3 members for 3 years. Members shall not receive a salary, although they may be reimbursed for expenses.

Powers

The Historic Preservation Commission shall be authorized to:

Prepare and maintain an inventory of all property within the City having the potential for designation as historic property.

Recommend to the City Commission specific places, districts, sites, buildings, structures, objects, or works of art to be designated by ordinance as historic properties or historic districts.

Review applications for certificates of appropriateness, and grant or deny such certificates in accordance with the provisions of this chapter.

Recommend to the City Commission that the designation of any place, district, site, building, structure, objects, or work of art as a historic property or as a historic district be revoked or removed.

Advise the City on the restoration or preservation of any historic properties acquired by the City.

Promote the acquisition by the City and other entities of facade easements and conservation easements in accordance with the provisions of the "Georgia Uniform Conservation Act," as amended. "Facade and Conservation Easements Act of 1976," O.C.G.A. § 44-10-1 et seq.

Conduct educational programs on historic properties located within the City and on general historic preservation activities.

Make such investigations and studies of matters relating to historic preservation including consultation with historic preservation experts, as the City Commission or the Historic Preservation Commission itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources.

Seek out local, state, federal and private funds for historic preservation, and make recommendations to the City Commission concerning the most appropriate uses of any funds acquired.

10.

Submit to the Historic Preservation Section of the State Department of Natural Resources a list of historic properties or historic districts designated.

11.

Perform historic preservation activities as the official agency of the City Historic Preservation Program.

12.

Where such action is authorized by a specific resolution adopted by the City Commission and is reasonably necessary or appropriate for the preservation of a unique historic property, the Historic Preservation Commission may enter into negotiations with the owner for the acquisition by the City by gift, purchase, exchange, or otherwise of the property or any interest therein.

13.

Review and make comments to the Historic Preservation Section of the State Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places.

14.

Participate in private, state and federal historic preservation programs and with the consent of the City Commission enter into agreements to do the same.

15.

The Historic Preservation Commission shall review and comment on any variances, subdivisions, aggregations or other actions under review by the Planning Commission when said action involves a designated historic property or district.

Limitation on Powers

The Historic Preservation Commission shall not have the power to obligate the City in any way without prior consent of the City Commission.

Adoption of Rules and Standards; Meetings; Officers; Quorum

The Historic Preservation Commission shall adopt rules and standards for the transaction of its business and for consideration of applications for designations and certificates of appropriateness, such as bylaws and design guidelines and criteria. The Historic Preservation Commission shall have the flexibility to adopt rules and standards without amendment to this Section. The Historic Preservation Commission shall provide for the time and place of regular meetings and a method for the calling of special meetings. The Historic Preservation Commission shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of the 4 members.

Conflicts of Interest

At any time the Historic Preservation Commission reviews a project in which a member of the Historic Preservation Commission has ownership or other vested interest, that member will be prohibited from presenting, voting or discussing the project.

Authority to Receive Funding

The Historic Preservation Commission shall have the authority to accept donations and shall ensure that these funds do not displace appropriated governmental funds.

Records of Meetings

A public record shall be kept of the Historic Preservation Commission's resolutions, proceedings and actions.

5.2.2. - Establishment of Historic Districts and Properties

Preliminary Research by Historic Preservation Commission

Mandate to conduct a survey of local historic resources. The Historic Preservation Commission shall compile and collect information and conduct surveys of historic resources within the City.

Power to recommend districts and buildings to City Commission for designation. The Historic Preservation Commission shall present to the City Commission recommendations for historic districts and properties.

Documentation of proposed designation. Prior to the Historic Preservation Commission's recommendation of a historic district or historic property to the City Commission for designation, the Historic Preservation Commission shall prepare a report consisting of:

A physical description;

A statement of the historical, cultural, architectural and/or aesthetic significance;

A map showing district boundaries and classification (i.e. historic, nonhistoric, intrusive) of individual properties therein as historic (contributing) or nonhistoric (noncontributing), (i.e. contributing or noncontributing) or showing boundaries of individual historic properties;

A statement justifying district or individual property boundaries; and

Representative photographs.

Designation of a Historic District

Criteria for Selection

A historic district is a geographically definable area, which contains buildings, structures, sites, objects, landscape features and works of art or a combination thereof, which:

Have special character or special historic/aesthetic value or interest;

Represent one or more periods, styles or types of architecture typical of one or more areas in the history of Decatur, DeKalb County, the State of Georgia, or the region; and

Cause such area, by reason of such factors, to constitute a visibly perceptible section of the municipality, City or county.

Boundaries

Boundaries of a historic district shall be included in the separate ordinances designating such districts and shall be shown on the official zoning map.

Evaluation of Properties within Historic Districts

Individual properties within historic districts shall be classified as:

Historic (Contributing)

A property is determined to be contributing to a historic district where it adds to the associations, qualities or characteristics for which the historic district is significant and was present during the period of significance of the district or possesses historic integrity reflecting its character at that time.

Nonhistoric (Noncontributing)

A property is determined to be noncontributing to a historic district where it does not add to the associations, qualities or characteristics for which the historic district is significant, was not present during the period of significance of the district, or no longer possesses historic integrity reflecting its character due to alterations, disturbances, additions or other changes.

Designation of a Historic Property

Criteria for Selection

A historic property is a building, structure, site, object, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of value to the City, the county, the state or the local region for one of the following reasons:

It is an outstanding example of a structure representative of its era.

It is one of the few remaining examples of past architectural style.

It is a place or structure associated with an event or persons of historic or cultural significance to the City, the county, the state or the local region.

It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the City, county, state or region.

Boundary Description

Boundaries shall be included in the separate ordinances designating such properties and shall be shown on the official zoning map.

Requirements for Adopting a Designation Ordinance

Application for Designation

Authority to Apply

Designations may be proposed by the City Commission, the Historic Preservation Commission, or:

For Historic Districts

In historic districts a historical organization, neighborhood association or group of property owners may apply to the Historic Preservation Commission for designation.

For Historic Properties

For historic properties a historical organization, neighborhood association or property owner may apply to the Historic Preservation Commission for designation.

Components of an Application

Historic designation applications shall be submitted on forms available from the Commission. Such applications must include all materials and documents required by the Commission, including the following:

Cover letter from person or organization proposing the designation;

A map identifying the geographic area of the City that is to be included in the proposed designation;

Names and addresses of the owners of the property affected by the proposed designation;

Designation report of the property or district to be designated; and

Regulations that will govern the property or district to be designated.

Receipt of Completed Application

Once a completed application for designation has been received, the Historic Preservation Commission, shall:

Prepare a schedule of the designation process which shall be limited to 60 days, with an extension of an additional 30 days, if necessary.

Establish a moratorium on all permits for the property or properties proposed for designation as provided in Sec. 5.2.2.D.6. The time period begins on the date the completed application for designation is received by the Commission.

Schedule the hearings and notices required by Sec. 5.2.2.D.5..

Designation Process Timeframe

The timeframe for the designation process is 60 days with a 30 day extension, if necessary. This timeframe includes, mailing of notices to property owners and occupants, legal ads in a paper of general circulation, the public hearing before the Historic Preservation Commission and consideration by the City Commission at 2 consecutive regularly scheduled meetings. During this 60 day period, with a possible 30 day extension, a moratorium will be placed on all properties being considered for designation as provided in Sec. 5.2.2.D.6.

Required Public Hearings

The Historic Preservation Commission and the City Commission shall hold a public hearing on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least 3 consecutive issues in the principal newspaper of local circulation, and written notice of the hearing shall be mailed by the Historic Preservation Commission to all owners and occupants of such properties. All such notices shall be published or mailed not less than 10 nor more than 20 days prior to the date set for the public hearing. A notice sent via the United States mail to the last known owner of the property shown on the City tax roll and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under this Section.

Moratorium

The purpose of this moratorium is to protect the proposed historic property from material changes during the period of time it is under consideration for designation. During the period that an ordinance for designation is under consideration by the Historic Preservation Commission and the City Commission, applications for any permit which would allow a material change in appearance of the proposed historic property, including permits for land disturbance, demolition, tree removal and other changes to landscape features, and building improvements except those limited to a building's interior, shall not be accepted and no permits for such work shall be approved. An ordinance for designation shall be deemed to be under consideration beginning on the date that the Historic Preservation Commission has accepted, by official vote, a complete application for designation. An application shall be complete when it meets all the criteria established by the Historic Preservation Commission for completion of an application for historic district or property designation as set forth in Sec. 5.2.2.D.2. Required components of a designation ordinance. Such moratorium shall expire when final action is taken by the City Commission on the ordinance for designation, or after 90 days from the date the completed designation application was received by the Historic Preservation Commission, whichever is sooner.

Exceptions to Moratorium. Owners of properties affected by a moratorium interim control under this Section may receive approval to make a material change to such properties by applying for and receiving a certificate of appropriateness as described in Sec. 5.2.3. Review of such application for a certificate of appropriateness shall be made using the U.S. Secretary of the Interior's Standards for Historic Preservation Projects and/or other design guidelines adopted by the Historic Preservation Commission for this purpose.

Required Components of a Designation Ordinance

Any ordinance designating any property or district as historic shall:

List each property in a proposed historic district or describe the proposed individual historic property;

Set forth the names of the owners of the designated properties; the map of the district to be codified;

Require that a certificate of appropriateness be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated property; and

Require that the property or district be shown on the official zoning map.

Recommendations by the Historic Preservation Commission

A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the Historic Preservation Commission within 15 days following the Historic Preservation Commission's public hearing and shall be in the form of a resolution to the City Commission.

City Commission Action on Proposed Designation

Following receipt of the Historic Preservation Commission's recommendation, the City Commission may adopt the ordinance as proposed, may adopt the ordinance with any amendments it deems necessary, or reject the ordinance within 2 of its consecutive regularly scheduled meetings.

10.

Notification to Historic Preservation Division

Not less than 30 days prior to making a recommendation on any ordinance designating a property or district as historic the Historic Preservation Commission must submit the report, required in Sec. 5.2.2.A.3., to the Historic Preservation Division of the State Department of Natural Resources.

11.

Notification of Adoption Designation Ordinance

Within 30 days following the adoption of the ordinance for designation by the City Commission, the owners and occupants of each designated historic property, and the owners and occupants of each structure, site or work of art located within a designated historic district, shall be given written notification of such designation by the City Commission, which notice shall apprise the owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in appearance of the historic property designated or within the historic district designated. A notice sent via the United States mail to the last known owner of the property shown on the City tax roll and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under this chapter.

12.

Notification of Other Agencies

The Historic Preservation Commission shall notify all necessary agencies within the City of the ordinance for designation, including the local historical organization.

13.

Authority to Amend or Rescind Designation

The City Commission has the authority to amend or rescind the designation of a historic property or district.

14.

Designation Process Timeframe

The designation process shall be limited to 60 days once a completed designation application has been submitted to the Historic Preservation Commission Staff with a possible extension of 30 days. During said 60 days, the Preservation Commission shall hold a public hearing.

5.2.3. - Regulation of Historic Districts and Properties

Certificate of Appropriateness

Approval of Alterations or New Construction in Historic Districts or Involving Historic Properties

After designation by ordinance of a historic property or of a historic district, no material change in the appearance of such historic property, or of a structure, site, object or work of art within such historic district shall be made or be permitted to be made by the owner or occupant thereof, unless or until an application for a certificate of exemption or certificate of appropriateness has been approved. A certificate of exemption must be approved by the Preservation Commission or its authorized designee. A certificate of appropriateness must be approved by the Historic Preservation Commission.

Owners of properties affected by a moratorium on building or demolition permits as described in Sec. 5.2.2.D.6. may receive approval of such permits only by applying for and receiving approval of a certificate of appropriateness as described in this article.

Certificate of Exemption

When authorized by design criteria approved by the Historic Preservation Commission, a certificate of exemption may be approved by the Historic Preservation Commission or its authorized designee of an application to make a change other than a material change in the appearance of a designated historic property or of a property located within a designated historic district.

An application for a certificate of exemption may be made by the owner of a property located within a designated historic district or the owner's authorized representative. Such application shall be considered by the Historic Preservation Commission or its authorized designee within 5 business days of the date of the application. Denial of an application for a certificate of exemption may be appealed to the Historic Preservation Commission according to the provisions of Sec. 58-96 of the Code of Ordinances.

Issuance upon Conformance of Certificates of Appropriateness

The Historic Preservation Commission shall issue certificates of appropriateness for new structures constructed within designated historic districts if these structures conform in design, scale, building materials, setback hardscape, and landscaping to the character of the district specified in the design criteria approved by the Historic Preservation Commission.

Guidelines and Criteria

When considering applications for certificates of appropriateness to existing buildings, the U.S. Secretary of the Interior's "Standards for Historic Preservation Projects," including the Secretary's "Standards for Rehabilitation" shall be used as a guideline along with any other criteria adopted by the Historic Preservation Commission.

Submission of Plans

An application for a certificate of appropriateness shall be accompanied by such drawings, photographs, plans or other documentation as may be required by the Historic Preservation Commission. Applications involving demolition or relocation shall be accompanied by post demolition or relocation plans for the site.

Response to Applications

Approval

The Historic Preservation Commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material changes in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district. In making this determination, the Historic Preservation Commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design arrangement, texture and material of the architectural features involved, and the relationship thereof to the exterior architectural style, and pertinent features of the other structures in the immediate neighborhood.

Denial

The Historic Preservation Commission shall deny a certificate of appropriateness if it finds that the proposed material changes in appearance would have substantial adverse effects on the aesthetic, historic or architectural significance and value of the historic property or the historic district.

Public Hearings on Applications; Notices; Right to be Heard

At least 7 days prior to review of a certificate of appropriateness, the Historic Preservation Commission shall take such action as may reasonably be required to inform the owner of any property likely to be affected by reason of the application, and shall give the applicant and such owners an opportunity to be heard. In cases where the Historic Preservation Commission deems it necessary, it may hold a public hearing concerning the application.

Interior Alterations

In its review of applications for certificates of appropriateness, the Historic Preservation Commission shall not consider interior arrangement or use having no effect on exterior architectural features.

Technical Advice

The Historic Preservation Commission may seek technical advice from outside its members on any application.

Deadline for Approval or Denial

The Historic Preservation Commission shall approve or reject an application for a certificate of appropriateness within 45 days after the filing thereof by the owner or occupant of a historic property, or of a structure, site, object, or work of art located within a historic district. Evidence of approval shall be by a certificate of appropriateness issued by the Historic Preservation Commission. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States mail to the applicant and all other persons who have requested such notice in writing filed with the Historic Preservation Commission.

An applicant may request a deferral in writing on a form approved by the Historic Preservation Commission.

Failure of the Historic Preservation Commission to act within 45 days shall constitute approval, and no other evidence of approval shall be needed; however the applicant is still required to obtain a building permit.

Necessary Actions

If the Historic Preservation Commission rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The Historic Preservation Commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if the applicant so desires, may make modifications to the plans and may resubmit the application at any time after doing so.

In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the Historic Preservation Commission shall be binding upon the building official or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued.

Variances

Where, by reason of unusual circumstances, the strict application of any provision of this article would result in the exceptional practical difficulty or undue hardship upon any owner of a specific property, the Historic Preservation Commission, in passing upon applications, shall have the power to vary or modify strict adherence to such provisions, or to interpret the meaning of such provisions, so as to relieve such difficulty or hardship; provided, however, that such variances, modifications or interpretations shall remain in harmony with the general purpose and intent of such provisions, so that the architectural or historical integrity or character of the property shall be conserved and substantial justice done. In granting variances, the Historic Preservation Commission may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. An undue hardship shall not be a situation of the person's own making.

Conformance with Certificate

All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. If work is performed not in accordance with such certificate, the Historic Preservation Commission, shall issue a cease and desist stop work order and all work shall cease.

The City Commission or the Historic Preservation Commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of this chapter or to prevent any illegal act or conduct with respect to such historic property or historic district.

Period of Validity; Renewal

A certificate of appropriateness shall become void unless construction is commenced within 6 months/1 year of the date of issuance. Certificates of appropriateness shall be issued for a period of 18 months and are renewable. The Historic Preservation Commission's designee shall be authorized to renew a certificate of appropriateness if there are no material changes to the plans as originally approved.

Recording of Applications

The Historic Preservation Commission shall keep a public record of all applications for certificates of appropriateness, certificates of exemption and of all the Historic Preservation Commission's proceedings in connection with the application.

Acquisition of Property

The Historic Preservation Commission may, where such action is authorized by the City Commission and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest therein.

Appeals

Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the City Commission. Any such appeal must be filed with the City Commission within 15 days after the issuance of the determination pursuant to Sec. 58-94(a) of the Code of Ordinances or, in the case of a failure of the Commission to act, within 15 days of the expiration of the 45-day period allowed for Commission action, pursuant to Sec. 58-94(a) of the Code of Ordinances. The City Commission may approve the determination made by the Historic Preservation Commission, or, if the City Commission finds that the Historic Preservation Commission abused its discretion in reaching its decision, it may modify or reject the determination made by the Historic Preservation Commission.

Appeals from decision of the City Commission may be taken to the county superior court in the manner provided by law for appeals from conviction for City ordinance violations.

Demolition or Relocation

Applications for Certificates of Appropriateness

The Preservation Commission shall have the authority to deny certificates of appropriateness for demolition or relocation.

Applications for certificates of appropriateness for demolition or relocation shall include:

A report from an independent licensed engineer or architect with experience in rehabilitation regarding the structural soundness of the historic property;

A summary of all efforts made to reuse, rehabilitate or sell the historic property;

A cost estimate of the proposed demolition or relocation of the historic property;

Evidence that the applicant has the financial ability to carry out the proposed project; and

Post demolition or post relocation plans for the site.

Authority to Deny

The Historic Preservation Commission shall have the authority to deny certificates of appropriateness for demolition or relocation of historic properties.

Public Hearing

A public hearing shall be scheduled for each application for a certificate of appropriateness for demolition or relocation of historic properties.

Post-Demolition or Post-Relocation Plans

The Historic Preservation Commission shall not grant certificates of appropriateness for demolition or relocation without reviewing at the same time the post-demolition or post-relocation plans for the site.

Criteria

Upon receipt of an application for a certificate of appropriateness for demolition or relocation, the Historic Preservation Commission shall use the criteria described in Sec. 5.2.3.F. to determine whether to grant or deny the application for a certificate of appropriateness for demolition or relocation.

(Ord. No. O-22-11, § 3(Exh. B), 10-17-22)

5.2.4. - General Provisions for Historic Districts and Properties

Design Guidelines Standards

The recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual will be the primary basis for evaluating and reviewing all proposed work in a historic district. Property owners planning to make changes to their properties are encouraged to obtain a copy of this publication or consult copies available at on the City website.

Designated Properties Listed in Appendix

Designated Historic District properties are listed in Appendix 1. to this UDO.

Conflict with Other Provisions

When a specific Historic District requirement conflicts with another requirement of this UDO, the Historic District provisions shall prevail.

Zoning Map

The designated property shall be shown on the official zoning map of the City.

5.2.5. - Old DeKalb County Courthouse

The property known as the Old DeKalb County Courthouse, 101 Courthouse Square, Decatur, Georgia, Tax Map Number 15-246D-07-007, including the courthouse building, all appurtenances, auxiliary structures, and exterior environmental features is designated as a historic property under the provisions of this chapter.

The name of the owner of the property is DeKalb County, Georgia.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated property. However, so long as the county is the owner of the designated property it shall be exempt from the requirement of obtaining certificates of appropriateness, provided that the county commission shall notify the Historic Preservation Commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the Historic Preservation Commission an opportunity to comment.

The designated property shall be shown on the official zoning map of the City.

5.2.6. - Scottish Rite Hospital for Crippled Children

The property known as the Scottish Rite Hospital for Crippled Children, 321 West Hill Street, Decatur, Georgia, Tax Map Number 15-213A07-001, including the principal buildings, all appurtenances, auxiliary structures, and exterior environmental features is designated as a historic property under the provisions of this chapter.

The name of the owner of the designated property is the City.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated property. However, so long as the City is the owner of the designated property it shall be exempt from the requirement of obtaining certificates of appropriateness, provided that the City, any lessee or occupant shall notify the Historic Preservation Commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the Historic Preservation Commission an opportunity to comment. In the alternative, the City may opt to follow the procedures for obtaining a certificate of appropriateness.

The designated property shall be shown on the official zoning map of the City.

5.2.7. - McDonough-Adams-Kings Highway District

The district known as the McDonough-Adams-Kings Highway District is designated as a historic district under the provisions of this chapter.

The McDonough-Adams-Kings Highway District includes the properties listed in Appendix 1. to this UDO.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on design criteria for the McDonough-Adams-Kings Highway District. Repairs that are not defined as a material change, as defined in Article 12. are not subject to these guidelines or any type of review process.

The material changes that require review in this district are listed in the definition for material changes, found in Sec. 12.1.

Repairs that are not defined as a material change are not subject to full review and can be approved as a Certificate of Exemption per Sec. 5.2.3.B. of these district guidelines.

The recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual will be the primary basis for evaluating and reviewing all proposed work in the McDonough-Adams-Kings Highway Historic District. Property owners planning to make changes to their properties are encouraged to obtain a copy of this publication or consult copies available at on the City website.

Design criteria for the McDonough-Adams-Kings Highway District. The following guidelines standards shall be used to determine whether a certificate of appropriateness shall be approved:

New Construction

Any project that calls for the construction of a new structure(s) on vacant property located within the district boundaries.

New Principal Structures

New structures should respect the existing setback, massing and building materials of historic properties in adjacent blocks and be compatible in design with surrounding historic properties. On new principal structures, no slab on grade construction will be allowed.

Outbuildings Accessory Structures

Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a Certificate of Appropriateness.

Additions

Any additions that change the footprint or roof line of existing structures within the historic district will require full review and a certificate of appropriateness. No slab on grade construction will be allowed.

Demolition or Relocation

Any plans for the demolition or relocation of a structure over 100 square feet of gross floor area within the historic district requires the full review of the Historic Preservation Commission and a certificate of appropriateness. A request for demolition or relocation must include a post-project plan for the property.

Alterations to Existing Properties

Doorways

Change in opening size or location only. Replacing an exterior door will not require review. However, property owners are strongly encouraged to repair and retain original doors. If replacement is necessary, the new door should be as close in design to the original door as possible.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings or a change in the size of existing openings will require full review. Windows visible from the street should be consistent in design with original windows.

Roofs

Any change in the roof shape visible from the street requires full review. Replacement or repair of roof materials would require an administrative review. For all secondary roofs with a pitch of 3/12 and under where a metal roof is desired to be used; the following criteria shall be me:

Flat seam metal roofs shall be used on the front and side elevations;

ii.

Standing seam metal roofs with a 1" profile (or less) can be used on rear elevations not visible from the public right-of-way (acceptable standing seam profiles include overlap, single lock and double lock); and

iii.

Sheet metal is acceptable. Painted metal with a baked on finish should be a flat finish and the color should match the primary roof color.

iv.

Bare galvanized metal and unpainted aluminum is not acceptable.

Exterior Cladding

Any proposed change in existing exterior cladding requires the full review of the Commission. The application of EIFS, vinyl or aluminum siding is prohibited. If there is a property at the time of adopting of a district that uses EIFS, vinyl, or aluminum siding the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of cladding with prohibited materials.

Porches

The addition of any new porch structure visible from the street requires full review. Any proposed changes to historic design elements on existing porches (e.g., replacement of columns or glassing in) visible from the street will require a full review. Changing an open porch to a screened porch would be excluded from review as long as existing design elements are not damaged, removed or covered.

Certificate of Exemption

In an effort to expedite the review process for the McDonough-Adams-Kings Highway Historic District, it has been determined that certain changes to properties will be eligible for a certificate of change exemption as defined in these guidelines standards. The Historic Preservation Commission or its designee designated City staff member shall be authorized to provide for this administrative level of review and the issuance of the certificate of exemption for projects requiring a building permit. The following types of projects will qualify for administrative review and certificates of exemption subject to the stated qualifications and limitations. A certificate of exemption shall be obtained from the Historic Preservation Commission for the following projects:

Windows

Replacement of windows in kind.

Hardscape/Landscape

Changes in landscape and landscape features can have an impact on the character of a property. The following projects landscape changes apply to all properties within a the district including historic, nonhistoric and intrusions:

Vegetation

Removal of overstory canopy trees such as Hickory, Maple, Pecan, Sycamore, Oaks or Sweet Gum, that are 12" in diameter or greater unless the tree is dead or a certified arborist has stated in writing that the tree is diseased or hazardous and recommends removal. Tree removal is also subject to Sec. 9.1. Tree Protection.

ii.

Fences and Walls

Installation of a fence or wall in front of the building line requires full review by the Historic Preservation Commission. Fences and walls over 4 feet high in the front yard are prohibited. Fences and walls behind the building line are subject to this UDO and are not subject to review by the Historic Preservation Commission for a Certificate of Exemption.

iii.

Driveways

It is recommended that the width of driveways be restricted to 10 feet to the face of the house. The use of asphalt is prohibited.

Accessory Buildings Structures

Changes in accessory buildings that are visible from Clairemont Ave.

Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a Certificate of Appropriateness.

City-Owned Properties Rights-of-Way

Projects involving City-owned property and City rights-of-way including sidewalk replacement and tree removal shall not be required to obtain a certificate of appropriateness provided that the City shall notify the Historic Preservation Commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the Historic Preservation Commission an opportunity to comment.

The designated district shall be shown on the official zoning map of the City.

5.2.8. - Clairemont Avenue Historic District

The district known as the Clairemont Avenue Historic District is designated as a historic district under the provisions of this chapter.

The Clairemont Avenue Historic District includes the properties listed in Appendix 1. to this UDO.

The recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual will be the primary basis for evaluating and reviewing all proposed work in the Clairemont Avenue Historic District. Exterior paint colors are not subject to review. Property owners planning to make changes to their properties are encouraged to obtain a copy of this publication or consult copies available at City Hall or on the City website

In addition to the recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual, the following guidelines standards shall be applied in the administration of the Clairemont Avenue Historic District.

Review Jurisdiction

"Review jurisdiction" defines what aspects of the physical appearance of the district are subject to the review of the commission and the limits of that review power. All projects are subject to the full review of the Historic Preservation Commission unless they fall outside of the "review jurisdiction" as defined in this article or they qualify for administrative review and certificate of exemption as defined in Sec. 5.2.8.D.2. of these guidelines standards.

As described in its district designation, the primary value of the Clairemont Avenue District is in the public experience of the district as a historic residential corridor into the heart of downtown Decatur. The preservation of the historic character, as visible from Clairemont Avenue, is the primary goal of this district. Therefore:

The review jurisdiction of the Historic Preservation Commission shall extend only to material changes to the front and side facades of principal or accessory structures that would be visible from the Clairemont Avenue public right-of-way.

ii.

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

iii.

The Historic Preservation Commission or its designated staff member may only make the determination of what is visible from the Clairemont Avenue public right-of-way.

Only proposed material changes to the exterior of the front and side facades of properties within the historic district, that would be legally required to obtain a building permit with the exception of tree removals, must be submitted to the Historic Preservation Commission or its designated staff person to determine if the project is subject to review, and if so, the level of review required.

An application for a building permit for a property within the historic district will commence the review process of the project by the Historic Preservation Commissions' designee designated staff person for a determination of the project's status under these guidelines standards.

Project types that must be submitted include, but not be limited to the following:

New construction of principal and accessory structures.

ii.

Additions to principal and accessory structures.

iii.

Demolition of existing structures.

iv.

Relocations of existing structures.

Alterations to the exterior appearance of existing structures to include changes to the exteriors of existing buildings. For example:

Changes to sizes and locations of exterior doors and windows.

Replacement of existing windows.

Changes to rooflines and configurations.

Replacement of roofing materials.

Installation of dormers or skylights.

Changes in exterior cladding materials.

Changes to exterior trim materials, profiles or configurations.

Signage where allowed within the district.

vi.

Alterations to the existing landscape to include:

Changes to existing driveway materials.

Construction of retaining walls.

Removal of existing trees over 12 inches in diameter.

Signage where allowed within the district.

Existing structures identified as noncontributing or as intrusions into the district will be required to obtain certificates of appropriateness only for work involving additions to, demolitions of, or relocations of qualified structures.

The construction, demolition and relocation of accessory structures less than 100 square feet of gross floor area is not subject to review.

Replacement of an exterior door within an existing opening is not subject to review.

Exterior paint colors are not subject to review. (Note: the use of transparent stains as an exterior finish on siding or trim is not recommended.)

Fences and walls, other than retaining walls, less than 4 feet high are not subject to review.

The hardwood tree canopy along Clairemont Avenue is considered to be a contributing element to the appearance of the historic district. All over story trees in front yard setbacks on both private property and the public right-of-way in the historic district are to be protected as part of the historic district. The removal of any existing tree measuring 12 inches in diameter or larger located in the front yard setback or within the public right-of-way must be approved either with a certificate of appropriateness from the Historic Preservation Commission or a certificate of exemption as outlined in Sec. 5.2. (See also Sec. 9.1. Tree Protection.)

Landscape planting materials and configurations are not subject to review.

Certificates of Exemption

In an effort to expedite the review process for the Clairemont Avenue Historic District it has been determined that certain changes to properties will be eligible for a certificate of exemption. The certificate of exemption certifies the approval of the Historic Preservation Commission for a change to be made other than a material change as defined in these guidelines standards. The Historic Preservation Commission, its designated City staff member shall be authorized to provide for this administrative level of review and the issuance of the certificate of exemption for projects requiring a building permit. The following types of projects will qualify for administrative review and certificates of exemption subject to the stated qualifications and limitations.

Alterations and additions to the rear of existing structures may be administratively reviewed and determined to be not visible from the Clairemont Avenue public right-of-way and therefore not within the review jurisdiction of the district.

As defined in Sec. 5.2.12.A., routine maintenance and repair involving the identical replacement of, and/or typical maintenance of, existing exterior cladding materials or architectural elements that do not change the exterior appearance of a structure.

Changing an open porch to a screened porch or vice-versa, so long as existing architectural elements are not damaged, removed or covered. (Note: the "glassing-in" of open or screened porches is subject to the typical review process.)

Replacement of an existing driveway if:

The width of the new driveway does not exceed 10 feet or the width of the existing driveway, whichever is greater.

Replacement of existing windows with identical replacement windows.

Backyard decks and associated railings attached to a principal structure whose surface is at or below the first floor level of the principal structure.

Replacement of in-kind roofing material or with asphalt shingles.

Removal of deciduous overstory canopy trees over 12 inches in diameter if the tree is visibly dead or a certified arborist has certified that the tree is diseased or hazardous and recommends its removal, subject to Sec. 9.1., Tree Protection.

Replacement of an exterior door within an existing opening.

Fences and wall, other than retaining walls less than 4 feet high.

Additional District Design Guidelines Standards

These guidelines standards are intended to address situations or concerns unique to the Clairemont Avenue Historic District. These guidelines standards are meant to supplement or supersede the general recommendations made in the Design Supplement to the Decatur Historic Preservation Resource Manual.

Should properties be demolished in the district or on vacant lots where demolition has occurred, replacement structures should be designed to reinforce the single-family, residential character of the neighborhood, respect existing setbacks and retain the structural rhythm of the street.

No slab on grade construction will be permitted for new principal structures. Slab on grade additions to existing principal structures may be permitted only if grade conditions are such that traditional crawlspace construction is determined not to be reasonable in the opinion of the Historic Preservation Commission.

Front yard walls and/or fences shall not exceed 4 feet in height.

Every 2 years after the adoption of the ordinance creating the Clairemont Avenue district, the Historic Preservation Commission shall hold a public hearing at a regularly scheduled monthly meeting for the purpose of reviewing these guidelines standards and to consider any modifications or refinements that might be desired by either the property owners within the historic district or by the Historic Preservation Commission.

5.2.9. - Ponce de Leon Court Historic District

The district known as Ponce de Leon Court is designated as a historic district under the provisions of this chapter.

The Ponce de Leon Court District includes the properties listed in Appendix 1. to this UDO.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on design criteria for the Ponce de Leon Court District. Repairs that are not defined as a material change, as defined in Article 12. are not subject to these guidelines or any type of review process. The material changes that require review in this district are listed in the UDO.

Design criteria for the Ponce de Leon Court District. The recommendations contained in the Design and Administrative Guidelines for the Ponce de Leon Court Historic District will be the primary basis for evaluating and reviewing all material changes in the Ponce de Leon Court Historic District. The following criteria shall be used to determine what material changes are subject to review, require a certificate of appropriateness or a certificate of exemption, and whether a certificate of appropriateness shall be approved:

Review Jurisdiction

"Review jurisdiction" defines what aspects of the physical appearance of the district are subject to the review of the Historic Preservation Commission and the limits of that review power. All material changes are subject to the full review of the Historic Preservation Commission unless they fall outside of the "review jurisdiction" as defined in this article or they qualify for administrative review and certificate of exemption as defined in Sec. 5.2.9.D.3. of these guidelines standards.

The review jurisdiction of the Historic Preservation Commission shall extend only to the front and sides of the property and structure. The rear elevation of the structure is not subject to review. Review jurisdiction shall also include any new structure over 100 square feet, including garages, visible from the public right-of-way on Ponce de Leon Court or East Ponce de Leon Avenue.

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

Only the Historic Preservation Commission or its designated staff member make the determination of what is the front and side of a building or structure and what is visible from the public right-of-way.

Low-Density Single-Family Guidelines Standards

The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries.

New principal structures should respect the existing setback, massing, and building materials, and be compatible in design with historic properties in the Ponce de Leon Court District.

ii.

Outbuildings. Any accessory structure new structure over 100 square feet, including garages, visible from the public right-of-way, should be compatible in design with historic properties in the Ponce de Leon Court District.

Additions

Any additions that change the footprint or roofline of existing structures within the historic district. All additions should respect the existing building height, massing, and building materials, and be compatible in design with historic properties in the Ponce de Leon Court District.

Demolition or Relocation

Any plans for demolition or relocation of structure over 100 square feet of gross floor area within the historic district will require the full review of the Historic Preservation Commission and a certificate of appropriateness. A request for demolition or relocation must include a post-project plan for the property.

Alterations to Existing Properties within the District

The following alterations to existing properties within review jurisdiction require a certificate of appropriateness.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Any change in existing cladding material. The application of EIFS, vinyl or aluminum siding is prohibited If there is a property at the time of adoption of this district that uses EIFS, vinyl, or aluminum siding the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of cladding with prohibited materials.

Porches

The addition or removal of any porch structure. Any changes to historic design elements on existing porches.

vi.

Front Steps

Any change in material or design of the front steps requires a full review.

vii.

Garages and Carports

New garages and carports require full review. Attached garages visible from the public right-of-way are prohibited.

viii.

Driveways

Any change in the configuration or width of existing driveways requires a full review.

ix.

Fences and Walls

Installation of a fence or wall in front of the building line requires full review. Fences and walls over 4 feet high in the front yard are prohibited.

Fences and walls behind the building line are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission.

Certificate of Exemption

In an effort to expedite the review process for the Clairemont Avenue Ponce de Leon Court Historic District it has been determined that certain changes to properties will be eligible for a certificate of exemption. The certificate of exemption certifies the approval of the Historic Preservation Commission for a change to be made other than a material change as defined in these guidelines standards. The Historic Preservation Commission, its designated City staff member shall be authorized to provide for this administrative level of review and the issuance of the certificate of exemption for projects requiring a building permit. The following types of projects will qualify for administrative review and certificates of exemption subject to the stated qualifications and limitations.

The following projects require a certificate of exemption from the Historic Preservation Commission :

Windows

Replacing existing windows.

Doors

Replacing an exterior door.

Roof

Replacement roof materials.

Exterior Cladding

Repair and replacement of siding that exceeds 25% of the total facade surface area, but uses wood, smooth cementitious siding, or matching brick with the matching mortar color, and matches the existing siding width and reveal can be approved administratively and receive a certificate of exemption. Repair or replacement of existing siding does not require review as long as the repair does not exceed 25% of the total facade surface area and matches existing cladding material, mortar color, siding width, and reveal.

Porches

Repair or replacement of existing porch elements and materials that requires a change from the existing materials can be approved administratively and receive a certificate of exemption. Porch repair of existing porch elements with wood, brick, or cementitious material that match in design with the existing porch do not require review. Changing an open porch to a screened porch would be excluded from review as long as existing design elements are not damaged, removed, or covered.

Driveways

Any change in driveway materials. The use of asphalt is prohibited in this district. If there is a property at the time of adoption of this district that uses asphalt the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of asphalt.

Landscape

The removal of any Palm Trees or Long-Needle Pines requires a statement in writing by a certified arborist that the tree is diseased or hazardous and is subject to the Sec. 9.1., Tree Protection.

Fences and Walls

Fences and walls behind the building line are subject to existing zoning regulations and are subject to review by the Preservation Commission.

High Density Single-Family Standards

The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the high-density sub area district boundaries.

New Principal Structures

New structures should respect the existing setback, massing, and building materials, and be compatible in design with properties in this sub area.

ii.

Outbuildings Accessory Structures

Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a certificate of appropriateness.

Additions

Any additions that change the footprint or roofline of existing structures within the historic district will require full review and a certificate of appropriateness. The height of the addition will not exceed the height of the existing structure.

Demolition or Relocation

Any plan for demolition or relocation of a structure over 100 square feet of gross floor area within the historic district requires the full review of the Historic Preservation Commission and a certificate of appropriateness. A request for demolition or relocation must include a post-project plan for the property.

Alterations to Existing Properties

All changes to the structure are subject to full review.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Any change in existing cladding material. The application of EIFS, vinyl or aluminum siding is prohibited. If there is a property at the time of adoption of this district that uses EIFS, vinyl, or aluminum siding the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of cladding with prohibited materials.

Porches

The addition or removal of any porch structure. Any changes to historic design elements on existing porches.

vi.

Front Steps

Any change in material or design of the front steps.

vii.

Driveways

Any change in the existing configuration or width of a driveway requires a full review.

viii.

Fences and Walls

Installation of a fence or wall in front of the building line requires full review. Fences and walls over 4 feet high in the front yard are prohibited. Fences and walls behind the building line are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission.

Certificate of Exemption

The following projects require a certificate of exemption from the Historic Preservation Commission :

Windows

Replace existing windows.

ii.

Doors

Replace an exterior door.

iii.

Roof

Replacement of roof materials.

iv.

Exterior Cladding

Repair and replacement of siding that exceeds 50% of the total facade surface area, but uses wood, smooth cementitious siding, or matching brick with the matching mortar color and matches the existing siding width and reveal can be approved administratively and receive a certificate of exemption. Repair or replacement of existing siding does not require review as long as the repair does not exceed 50% of the total facade surface area and matches existing cladding material, mortar color, siding width, and reveal.

Porches

vi.

Driveways

Any change in driveway materials. The use of asphalt is prohibited in this subarea. If there is a property at the time of adoption of this district that uses asphalt the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of asphalt.

vii.

Landscape

The removal of any Palm Trees or Long-Needle Pines requires a statement in writing by a certified arborist that the tree is diseased or hazardous and is subject to Sec. 9.1., Tree Protection.

viii.

Fences and Walls

Fences and walls behind the building line are subject to existing zoning regulations and are subject to review by the Historic Preservation Commission.

Official Zoning Map

The designated district shall be shown on the official zoning map of the City.

5.2.10. - Old Decatur Historic District

The district known as Old Decatur is designated as a historic district under the provisions of this chapter.

The Old Decatur District includes the properties listed in Appendix 1. to this UDO.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on the ordinance and design criteria for the Old Decatur District. Repairs that are not defined as a material change, as defined in Article 12. are not subject to these guidelines standards or any type of review process.

Design criteria for the Old Decatur District. The recommendations contained in the Old Decatur Design Guidelines will be the primary basis for evaluating and reviewing all material changes in the Old Decatur Historic District. The following criteria shall be used to determine what material changes are subject to review, require a certificate of appropriateness or a certificate of exemption, and whether a certificate of appropriateness shall be approved:

Review Jurisdiction

"Review jurisdiction" defines what aspects of the physical appearance of the district are subject to the review of the Historic Preservation Commission and the limits of that review power. All material changes are subject to the full review of the Historic Preservation Commission unless they fall outside of the review jurisdiction as defined in this article or they qualify for administrative review and certificate of exemption as defined in Sec. 5.2.3. of these guidelines standards.

The review jurisdiction of the Historic Preservation Commission shall extend only to what is visible from the public right-of-way. Review jurisdiction shall also include any new structure over 100 square feet, including garages, visible from the public right-of-way.

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

Only the Historic Preservation Commission or its designated staff member make the determination of what is visible from the public right-of-way.

Certificate of Appropriateness

The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries.

New Principal Structures

New structures should respect the existing setback, massing, building height, scale, building materials, and be compatible in design with contributing historic properties in the Old Decatur District.

ii.

Outbuildings Accessory Structures

Any new structure over 100 square feet, including garages, visible from the public right-of-way, should be compatible in scale and design with historic properties in the Old Decatur district.

Additions

Any additions that change the footprint or roofline of existing structures within the historic district. All additions should respect the existing building height, massing, and building materials, and be compatible in design with contributing historic properties in the Old Decatur District.

Demolition or Relocation

Alterations to Existing Properties

The following alterations to existing properties within review jurisdiction require a certificate of appropriateness.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Any change in existing cladding material.

Porches

The addition or removal of any porch structure. Any changes to historic design elements on existing porches.

vi.

Front steps

Any change in material or design of the front steps.

vii.

Garages and Carports

New garages and carports require full review.

viii.

Driveways

Any change in the configuration or width of existing driveways requires a full review.

ix.

Fences and Walls

Trees

The removal of any healthy tree greater than 12 inches in diameter and subject to Sec. 9.1., Tree Protection.

Certificate of Exemption

The following projects require a certificate of exemption from the Historic Preservation Commission :

Windows

Replacing existing windows.

Doors

Replacing an exterior door.

Roof

Replacement roof materials.

Exterior Cladding

Repair and replacement of siding that exceeds 25% of the total facade surface area, but uses wood, smooth cementitious siding, or matching brick with the matching mortar color, and matches the existing siding width and reveal can be approved administratively and receive a Certificate of Exemption. Repair or replacement of existing siding does not require review as long as the repair does not exceed 25% of the total facade surface area and matches existing cladding material, mortar color, siding width, and reveal.

Porches

Repair or replacement of existing porch elements and materials that requires a change from the existing materials can be approved administratively and receive a certificate of exemption. Porch repair of existing porch elements with wood, brick, or cementitious material that matches in design with the existing porch does not require review is allowed but requires a Certificate of Exemption. Changing an open porch to a screened porch would be excluded from review as long as existing design elements are not damaged, removed, or covered.

Driveways

Any change in driveway materials. The use of asphalt is prohibited for residential properties. If there is a property at the time of adoption of this district that uses asphalt the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of asphalt.

Front Steps

Replacement with in-kind materials.

Trees

The removal of a tree greater than 12 inches in diameter with a letter from a certified arborist stating that it is diseased and hazardous and subject to Sec. 9.1., Tree Protection.

Fences and Walls

Replacement with in-kind materials Fences and wall behind the building are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission.

Zoning Map

The designated district will be shown on the official zoning map of the City.

5.2.11. - Parkwood Historic District

The district known as the Parkwood District is designated as a historic district under the provisions of this chapter.

The Parkwood District includes the properties listed in Appendix 1 to this UDO.

A certificate of appropriateness shall be obtained from the preservation commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on the ordinance and the design guidelines for the Parkwood historic district. Repairs that are not defined as a material change, as defined in Article 12, are not subject to these guidelines or any type of review process.

Design criteria for the Parkwood District. The recommendations contained in the Parkwood Design Guidelines will be the primary basis for evaluating and reviewing all material changes in the Parkwood Historic District. The following criteria shall be used to determine what material changes are subject to review, require a certificate of appropriateness or a certificate of exemption, and whether a certificate of appropriateness or exemption shall be approved:

Review Jurisdiction

"Review jurisdiction" defines what aspects of the physical appearance of the district are subject to the review of the preservation commission and the limits of that review power. All material changes are subject to the full review of the preservation commission unless they fall outside of the review jurisdiction as defined in this article or they qualify for administrative review and certificate of exemption as defined in Sec. 5.2.3 of these guidelines standards.

The review jurisdiction of the Historic Preservation Commission shall extend only to the front and side facades or what is visible from the public right-of-way. Review jurisdiction shall also include any new structure over 100 square feet, including garages, visible from the public right-of-way.

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

Only the Historic Preservation Commission or its designated staff member makes the determination of what is visible from the public right-of-way.

Certificate of Appropriateness

The following projects require full review by the preservation commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries.

New Principal Structures

New structures should respect the existing setback, massing, building height, scale, building materials, and be compatible in design with contributing historic properties in the Parkwood District.

ii.

Outbuildings Accessory Structures

Any new structure over 100 square feet, including garages that are visible from the public right-of-way, Structures should be compatible in scale and design with historic properties in the Parkwood district.

Additions

Any additions that change the footprint or roofline of existing structures within the historic district. All additions should respect the existing roof shape, building height, massing, building materials, and be compatible in design with contributing historic properties in the Parkwood District.

Demolition or Relocation

Alterations to Existing Properties

The following alterations to existing properties within review jurisdiction require a certificate of appropriateness.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in window design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Any change in existing cladding material, including the painting of unpainted masonry.

Porches/Porticos

The addition or removal of any porch/portico structure. Any changes to historic design elements on existing porches/porticos.

vi.

Garages and Carports

New garages and carports require full review if they are visible from the public right-of-way.

vii.

Walls

Removal or construction of new walls in the front or side yards.

viii.

Fences and Walls

With the exception of retaining walls, installation of a fence or wall in front of the building line is prohibited. Fences and walls behind the building line are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission.

ix.

Trees

The removal of any healthy tree greater than 12 inches in diameter and subject to Sec. 9.1. Tree Protection.

Driveways

Any change in the configuration, material or width of existing driveways.

Certificate of Exemption

The following projects require a certificate of exemption from the preservation commission:

Windows

Replacing existing windows with the same size and design.

Doors

Replacing an exterior door.

Roof

Replacement of roof materials.

Exterior Cladding

Repair and replacement of siding with matching or similar materials.

Porches and Porticos

Repair or replacement of existing porch elements and materials.

Front Steps

Repair or replacement of steps and installation of hand rail or temporary accessibility ramp.

Trees

The removal of a tree greater than 12 inches in diameter with a letter from a certified arborist stating that it is diseased and hazardous and subject to Sec. 9.1. Tree Protection.

Walls

Replacement with in-kind materials.

Zoning Map

The designated district will be shown on the official zoning map of the city.

5.2.12. - Maintenance of Historic Properties

Ordinary Maintenance or Repair-Generally

Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in design, material or outer appearance thereof, does not require a Certificate of Appropriateness, but does require a Certificate of Exemption.

Demolition by Neglect

Maintenance and Enforcement

Property Owners of historic properties or properties within historic districts shall keep in good repair all exterior and interior portions of their property which, if not so maintained, may cause or tend to cause the exterior or interior portions of such property to decay, or become damaged or otherwise to fall into a state of disrepair. This provision shall be in addition to all other provisions requiring properties be kept in good repair. The Building Official in consultation with the Historic Preservation Commission shall be responsible for the enforcement of this provision.

Failure to Maintain; Response by Historic Preservation Commission

The Historic Preservation Commission shall be charged with the following responsibilities regarding deterioration by neglect:

Monitoring

The Historic Preservation Commission shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, the deterioration of exterior architectural features, or the deterioration of a building's structural system shall constitute deterioration by neglect.

Notice to Owner to Remedy; Time Limit

If the Historic Preservation Commission determines that a property fails to meet the good repair provisions of Sec. 5.2.12.B.1., the Historic Preservation Commission will notify the owner of the property and set forth the steps which actions that need to be taken to remedy the situation. The owner of such property will have 30 days in which to comply with the actions set out in the notice.

Failure by Owner to Remedy

If the condition is not remedied in 30 days, the owner shall be punished as provided in Section 1-12 of the Code of Ordinances and, at the direction of the City Commission, the Historic Preservation Commission may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the Historic Preservation Commission.

5.3.1. - Purpose

The purpose of these regulations is to improve the downtown Decatur environment in the following ways:

Encourage, protect and enhance the pedestrian environment.

Improve the aesthetics of downtown area.

Provide for parking in a way that does not diminish the pedestrian environment.

Encourage additional street level activity.

Promote opportunities for residential and commercial development.

5.3.2. - Application

These regulations shall apply to the following properties zoned C-2, PO or I located in the Downtown Decatur Special Pedestrian Area:

All properties located in the Downtown Decatur Special Pedestrian Area which have frontage on the following streets or street segments:

North Candler Street: 300—400 block

Church Street: 100—900 block

Clairemont Avenue: 100 block—300 block

Commerce Drive: East/North side 100—700 block

Commerce Drive: West/South side from West Howard Avenue to East College Avenue

East Court Square: all

Electric Avenue: 100 block

East Howard Avenue: all

Hillyer Place: 100 block

10.

West Howard Avenue: 100 block

11.

North McDonough Street: all

12.

West Ponce de Leon Avenue: North side 100—400 block

13.

West Ponce de Leon Avenue: South side 100—500 block

14.

East Ponce de Leon Avenue: 100—300 block

15.

Ponce de Leon Place: 100—200 block

16.

Swanton Way: all

17.

Sycamore Place: 100 block

18.

Sycamore Street: all

19.

East Trinity Place: all

20.

West Trinity Place: 100—500 block

21.

Waters Street: on the northeast side from West Ponce de Leon to West Trinity Place

These properties are shown upon the map designated as the "Downtown Decatur Special Pedestrian Area". This map and all notations, shall be kept on file with the City Clerk.

For the purposes of this Section, where two or more properties, lots or parcels are located within the same block or where two or more properties, lots or parcels have frontage on the same side of the street between two intersecting streets, and such properties, lots or parcels are under common ownership or control and/or are being developed in a single development operation or a series of coordinated development operations, such properties, lots or parcels shall be considered as a single property.

5.3.3. - Building Design Standards

Buildings to Face Street

The purpose of this requirement is to encourage the development of buildings that complement pedestrian activity in the central business district by providing direct access to the building and business activities from the sidewalk. All properties with frontage on the streets or street segments described in Sec. 5.3.2. shall be developed with buildings facing said streets or street segments and with the primary building entrance facing onto the sidewalk and street. One-story buildings shall be at least 16 feet in height at the facade facing the street. All nonresidential buildings shall have commercial uses on the ground floor level facing the street and shall be directly accessible from the street and sidewalk. When direct pedestrian access from the sidewalk to a business is not presently warranted, the building design shall allow for the addition of such access in the future. For the purposes of this Section, commercial use shall mean any retail use, business or professional service, personal service, repair service, or restaurant.

Parking Areas and Driveways

Parking areas or driveways, except for a driveway to reach a side or rear yard or on-site parking facility, are not permitted between the sidewalk and the front of the building. Any permitted driveway shall be perpendicular to any adjacent street. No property shall have more than one curb cut along any of the streets or street segments described in Sec. 5.3.2.; provided, however, that a hotel may have a circular driveway in order to provide for the arrival and departure of guests, but shall not increase the number of curb cuts to more than two. Surface parking areas shall not be located along or within 60 feet of any public street or street segment in the Downtown Decatur Special Pedestrian Area. Buildings shall not be set back more than 30 feet from the edge of the street curb.

Drive-In or Drive-Through Facilities

Vehicular access to a drive-in or drive-through use shall not be permitted from a street or street segment in the Downtown Decatur Special Pedestrian Area.

Multiple-Level Parking Facilities

Multiple level parking facilities which have street frontage in the special pedestrian area shall have a minimum setback of 3 feet above the first level. The parking facility shall be designed so that no vehicle or vehicle part may extend beyond the setback line or exterior wall of the facility.

Cornice Lines

Multiple-story buildings of 3 or more stories shall have a cornice line between the second and third stories.

Transparency

Buildings which have street frontage in the special pedestrian area shall have a minimum transparency of 25% of the total area of the first floor elevation.

5.3.4. - Special Exceptions

Special exceptions to these requirements may be approved after consideration of the following standards:

The suitability of the proposed exception in view of the use and development of adjacent and nearby property.

The effect that the proposed exception will have on the existing use or usability of adjacent or nearby property.

The impact that the proposed development will have on the public safety, traffic on the public streets, transportation facilities, utilities and other public services.

The impact that the proposed development will have on established property values and on the health, safety, comfort and general welfare of the residents of the City.

The economic or marketing impact that these guidelines may have on the property owner or development.

5.4.1. - Purpose

The purpose of this article of the Decatur Unified Development Ordinance is to:

Provide for creative approaches to the development of land.

Provide for the efficient use of land, permitting a more economic arrangement of buildings, circulation systems, land uses and utilities.

Provide for the development of stable environments that are compatible with surrounding areas of the community.

5.4.2. - Permitted Uses; Minimum Areas

Planned unit developments may be allowed in all zoning districts except the RS-17 and R-50 Districts. However, only those uses permitted in the zoning district in which the proposed development is located shall be permitted in the planned unit development. Except in the R-85 and R-60 Zoning Districts, a planned unit development shall have a minimum area of at least one acre. In the R-85 and R-60 Zoning Districts, a planned unit development shall have a minimum area of at least 2 acres.

5.4.3. - Density Standards

The number of dwelling units permitted in a planned unit development in any residential zoning district shall be determined by dividing the net development area by the minimum lot area per dwelling for the zoning district in which the proposed planned unit development is located, as described in the table below. Lot sizes permitted in planned unit developments may be smaller than the minimum lot size required in the zoning district in which the planned unit development is located.

Density Standards
Zoning District	Permitted Use	Minimum Lot area per Dwelling (sq. ft.)
R-85	Single-family dwelling	15,000
R-60	Single-family dwelling	9,000
RM-18	Single-family dwelling	7,200
	2-family dwelling	4,500
	Multiple-family dwelling	2,500
RM-43	Single-family dwelling	7,200
	2-family dwelling	4,500
	Multiple-family dwelling	1,000

5.4.4. - Development Standards

Site Planning

Site planning in the proposed planned unit development shall give consideration to topography, the location of structures, screening, setbacks and street design in the evaluation of the relationship of the development to its surrounding areas.

Service and Emergency Access

Access and circulation shall adequately provide for firefighting equipment, service deliveries and refuse collection.

Underground Utilities

Planned unit developments shall provide for underground installation of all utilities, including telephone, electric power and cable television in both public and private rights-of-way, except when extreme conditions of underlying rock or other conditions make this requirement unreasonable. Provision shall be made for acceptable design and construction of storm sewers and storm water retention facilities, as required under Sec. 9.3.

Pedestrian Ways

Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units and other buildings and facilities. Walkways to be used by substantial numbers of children shall be so located and safeguarded as to minimize contacts with normal automotive traffic. Walkways that are appropriately located, designed and constructed may be combined with other easements and used by emergency and service vehicles, but shall not be used by other automotive traffic.

Light, Air and Recreation

The planned unit development shall be so designed as to provide adequate improvements for the light, air and recreation needs of the project when fully developed. A minimum of 5% of the planned unit development site area must be designated as outdoor amenity space (see Sec. 2.1.3.)

Covenants

The planned unit development shall include such covenants and legal provisions as will assure conformity to the achievement of the plan.

General Standards for Approval

Planned unit developments may be approved subject to such conditions as may be imposed in order to mitigate impacts which may be expected without the imposition of conditions. The following general standards shall be considered in determining whether the planned unit development shall be approved:

Is the proposed development suitable in view of the use and development of adjacent and nearby property?

Does the proposed development adversely affect the existing use or usability of adjacent or nearby property?

Does the proposed development result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?

Are there other existing or changing conditions which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the proposed development?

5.4.5. - Application for Approval

Ownership

An application for approval of a planned unit development may be filed by a person, firm, partnership, corporation, or other entity having an interest in the property, or a contract to purchase or option to purchase an interest in the property to be developed. However, no building permit shall be issued until the applicant provides satisfactory evidence of ownership of an interest in the property.

Procedure

An application for approval of a planned unit development shall be filed with the Zoning Administrator at least 30 days prior to the date on which it is to be heard by the Planning Commission. An application for a planned unit development affecting the same property shall not be accepted more than once every 12 months, said interval to begin with the date of a final decision by the City Commission. Each application shall be accompanied by a plat containing the following information:

North arrow, scale, block and lot numbers, land lot numbers and adjacent streets and structures.

Proposed street rights-of-way, utility and all other easements.

Comprehensive site plan showing location of existing and proposed buildings and structures, significant vegetation, parking areas, service, recreational and other special use areas, each clearly marked or titled to indicate specific uses.

Boundary and topographic survey with 2-front contour interval prepared by a qualified surveyor registered to practice in the State of Georgia.

All other information necessary to show that the proposed planned unit development shall comply with the development standards of Sec. 5.4.4.

Subdivision Ordinance

If the proposed planned unit development is to be subdivided, then the application for approval of the planned unit development shall include all information required for the conditional approval of a subdivision under Sec. 11.2.5.

Review

The application for approval of the planned unit development shall be reviewed for compliance with applicable statutes and ordinances by the building official, city engineer, fire marshal and Zoning Administrator prior to action by the Planning Commission. The building official shall prepare a report for the Planning Commission on the status of the plan's compliance with applicable statutes and ordinances, and the adequacy of access for firefighting equipment, service deliveries and refuse collection.

Hearing by the Planning Commission

The Zoning Administrator shall publish notice of the time and place of a public hearing in a locally distributed newspaper of general circulation, and shall post notice by placard on the location of the proposed planned unit development. Notices shall be published and posted no later than 2 weeks before the public hearing.

Action by the Planning Commission

The Planning Commission shall have 45 days following the date of the public hearing to submit its recommendation to the City Commission. If the Planning Commission fails to submit a recommendation within the 45-day period it shall be deemed to have approved the proposed planned unit development. Applicants may submit to the Zoning Administrator any conditions, alterations, changes, or amendments to an application for approval of a planned unit development up to 7 days prior to the date at which the application is to be considered by the Planning Commission. If such conditions, alterations, changes or amendments have not been submitted as required by this subsection, the Planning Commission may, at its discretion, defer action on the application until its next regular meeting.

Action by the City Commission

The City Commission, after receiving the recommendation of the Planning Commission, may act at a regular or called meeting. Before approving an application for a planned unit development, the City Commission must find that the facts submitted with the application and presented at the public hearing establish that the proposed planned unit development meets the development standards required in Sec. 5.4.4. If from the facts presented the City Commission is unable to make the necessary findings, the application shall be denied.

Fee

Each application submitted shall be accompanied by a fee as set forth in the schedule of fees and charges to partially cover the cost of advertising, field investigations and other expenses involved in processing such application, and under no condition shall said sum or any part thereof be refunded for failure of such application to be approved.

Decatur City Zoning Code

ARTICLE 5

- Special and Overlay Districts

5.1.1. - Purpose

5.1.2. - Development Standards

Establishment

Amendments

Amendments to the comprehensive site development plan of an institutional zoning district shall be made by following the same procedure required for amending the UDO and map.

Rezoning

5.2.1. - Historic Preservation Commission

Creation; Title

There is hereby created a Commission whose title shall be "Decatur Historic Preservation Commission."

Position within the City

Membership; Number; Terms; Compensation

Powers

The Historic Preservation Commission shall be authorized to:

Prepare and maintain an inventory of all property within the City having the potential for designation as historic property.

Recommend to the City Commission specific places, districts, sites, buildings, structures, objects, or works of art to be designated by ordinance as historic properties or historic districts.

Review applications for certificates of appropriateness, and grant or deny such certificates in accordance with the provisions of this chapter.

Advise the City on the restoration or preservation of any historic properties acquired by the City.

Conduct educational programs on historic properties located within the City and on general historic preservation activities.

Seek out local, state, federal and private funds for historic preservation, and make recommendations to the City Commission concerning the most appropriate uses of any funds acquired.

10.

Submit to the Historic Preservation Section of the State Department of Natural Resources a list of historic properties or historic districts designated.

11.

Perform historic preservation activities as the official agency of the City Historic Preservation Program.

12.

13.

14.

Participate in private, state and federal historic preservation programs and with the consent of the City Commission enter into agreements to do the same.

15.

Limitation on Powers

The Historic Preservation Commission shall not have the power to obligate the City in any way without prior consent of the City Commission.

Adoption of Rules and Standards; Meetings; Officers; Quorum

Conflicts of Interest

Authority to Receive Funding

The Historic Preservation Commission shall have the authority to accept donations and shall ensure that these funds do not displace appropriated governmental funds.

Records of Meetings

A public record shall be kept of the Historic Preservation Commission's resolutions, proceedings and actions.

5.2.2. - Establishment of Historic Districts and Properties

Preliminary Research by Historic Preservation Commission

Mandate to conduct a survey of local historic resources. The Historic Preservation Commission shall compile and collect information and conduct surveys of historic resources within the City.

A physical description;

A statement of the historical, cultural, architectural and/or aesthetic significance;

A statement justifying district or individual property boundaries; and

Representative photographs.

Designation of a Historic District

Criteria for Selection

A historic district is a geographically definable area, which contains buildings, structures, sites, objects, landscape features and works of art or a combination thereof, which:

Have special character or special historic/aesthetic value or interest;

Represent one or more periods, styles or types of architecture typical of one or more areas in the history of Decatur, DeKalb County, the State of Georgia, or the region; and

Cause such area, by reason of such factors, to constitute a visibly perceptible section of the municipality, City or county.

Boundaries

Boundaries of a historic district shall be included in the separate ordinances designating such districts and shall be shown on the official zoning map.

Evaluation of Properties within Historic Districts

Individual properties within historic districts shall be classified as:

Historic (Contributing)

Nonhistoric (Noncontributing)

Designation of a Historic Property

Criteria for Selection

It is an outstanding example of a structure representative of its era.

It is one of the few remaining examples of past architectural style.

It is a place or structure associated with an event or persons of historic or cultural significance to the City, the county, the state or the local region.

It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the City, county, state or region.

Boundary Description

Boundaries shall be included in the separate ordinances designating such properties and shall be shown on the official zoning map.

Requirements for Adopting a Designation Ordinance

Application for Designation

Authority to Apply

Designations may be proposed by the City Commission, the Historic Preservation Commission, or:

For Historic Districts

In historic districts a historical organization, neighborhood association or group of property owners may apply to the Historic Preservation Commission for designation.

For Historic Properties

For historic properties a historical organization, neighborhood association or property owner may apply to the Historic Preservation Commission for designation.

Components of an Application

Cover letter from person or organization proposing the designation;

A map identifying the geographic area of the City that is to be included in the proposed designation;

Names and addresses of the owners of the property affected by the proposed designation;

Designation report of the property or district to be designated; and

Regulations that will govern the property or district to be designated.

Receipt of Completed Application

Once a completed application for designation has been received, the Historic Preservation Commission, shall:

Prepare a schedule of the designation process which shall be limited to 60 days, with an extension of an additional 30 days, if necessary.

Schedule the hearings and notices required by Sec. 5.2.2.D.5..

Designation Process Timeframe

Required Public Hearings

Moratorium

Required Components of a Designation Ordinance

Any ordinance designating any property or district as historic shall:

List each property in a proposed historic district or describe the proposed individual historic property;

Set forth the names of the owners of the designated properties; the map of the district to be codified;

Require that a certificate of appropriateness be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated property; and

Require that the property or district be shown on the official zoning map.

Recommendations by the Historic Preservation Commission

City Commission Action on Proposed Designation

10.

Notification to Historic Preservation Division

11.

Notification of Adoption Designation Ordinance

12.

Notification of Other Agencies

The Historic Preservation Commission shall notify all necessary agencies within the City of the ordinance for designation, including the local historical organization.

13.

Authority to Amend or Rescind Designation

The City Commission has the authority to amend or rescind the designation of a historic property or district.

14.

Designation Process Timeframe

5.2.3. - Regulation of Historic Districts and Properties

Certificate of Appropriateness

Approval of Alterations or New Construction in Historic Districts or Involving Historic Properties

Certificate of Exemption

Issuance upon Conformance of Certificates of Appropriateness

Guidelines and Criteria

Submission of Plans

Response to Applications

Approval

Denial

Public Hearings on Applications; Notices; Right to be Heard

Interior Alterations

Technical Advice

The Historic Preservation Commission may seek technical advice from outside its members on any application.

Deadline for Approval or Denial

An applicant may request a deferral in writing on a form approved by the Historic Preservation Commission.

Necessary Actions

Variances

Conformance with Certificate

Period of Validity; Renewal

Recording of Applications

Acquisition of Property

Appeals

Appeals from decision of the City Commission may be taken to the county superior court in the manner provided by law for appeals from conviction for City ordinance violations.

Demolition or Relocation

Applications for Certificates of Appropriateness

The Preservation Commission shall have the authority to deny certificates of appropriateness for demolition or relocation.

Applications for certificates of appropriateness for demolition or relocation shall include:

A report from an independent licensed engineer or architect with experience in rehabilitation regarding the structural soundness of the historic property;

A summary of all efforts made to reuse, rehabilitate or sell the historic property;

A cost estimate of the proposed demolition or relocation of the historic property;

Evidence that the applicant has the financial ability to carry out the proposed project; and

Post demolition or post relocation plans for the site.

Authority to Deny

The Historic Preservation Commission shall have the authority to deny certificates of appropriateness for demolition or relocation of historic properties.

Public Hearing

A public hearing shall be scheduled for each application for a certificate of appropriateness for demolition or relocation of historic properties.

Post-Demolition or Post-Relocation Plans

Criteria

(Ord. No. O-22-11, § 3(Exh. B), 10-17-22)

5.2.4. - General Provisions for Historic Districts and Properties

Design Guidelines Standards

Designated Properties Listed in Appendix

Designated Historic District properties are listed in Appendix 1. to this UDO.

Conflict with Other Provisions

When a specific Historic District requirement conflicts with another requirement of this UDO, the Historic District provisions shall prevail.

Zoning Map

The designated property shall be shown on the official zoning map of the City.

5.2.5. - Old DeKalb County Courthouse

The name of the owner of the property is DeKalb County, Georgia.

The designated property shall be shown on the official zoning map of the City.

5.2.6. - Scottish Rite Hospital for Crippled Children

The name of the owner of the designated property is the City.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated property. However, so long as the City is the owner of the designated property it shall be exempt from the requirement of obtaining certificates of appropriateness, provided that the City, any lessee or occupant shall notify the Historic Preservation Commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the Historic Preservation Commission an opportunity to comment. In the alternative, the City may opt to follow the procedures for obtaining a certificate of appropriateness.

The designated property shall be shown on the official zoning map of the City.

5.2.7. - McDonough-Adams-Kings Highway District

The district known as the McDonough-Adams-Kings Highway District is designated as a historic district under the provisions of this chapter.

The McDonough-Adams-Kings Highway District includes the properties listed in Appendix 1. to this UDO.

The material changes that require review in this district are listed in the definition for material changes, found in Sec. 12.1.

Repairs that are not defined as a material change are not subject to full review and can be approved as a Certificate of Exemption per Sec. 5.2.3.B. of these district guidelines.

The recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual will be the primary basis for evaluating and reviewing all proposed work in the McDonough-Adams-Kings Highway Historic District. Property owners planning to make changes to their properties are encouraged to obtain a copy of this publication or consult copies available at on the City website.

Design criteria for the McDonough-Adams-Kings Highway District. The following guidelines standards shall be used to determine whether a certificate of appropriateness shall be approved:

New Construction

Any project that calls for the construction of a new structure(s) on vacant property located within the district boundaries.

New Principal Structures

Outbuildings Accessory Structures

Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a Certificate of Appropriateness.

Additions

Demolition or Relocation

Alterations to Existing Properties

Doorways

Windows

Roofs

Flat seam metal roofs shall be used on the front and side elevations;

ii.

iii.

Sheet metal is acceptable. Painted metal with a baked on finish should be a flat finish and the color should match the primary roof color.

iv.

Bare galvanized metal and unpainted aluminum is not acceptable.

Exterior Cladding

Porches

Certificate of Exemption

Windows

Replacement of windows in kind.

Hardscape/Landscape

Vegetation

ii.

Fences and Walls

iii.

Driveways

It is recommended that the width of driveways be restricted to 10 feet to the face of the house. The use of asphalt is prohibited.

Accessory Buildings Structures

Changes in accessory buildings that are visible from Clairemont Ave.

Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a Certificate of Appropriateness.

City-Owned Properties Rights-of-Way

The designated district shall be shown on the official zoning map of the City.

5.2.8. - Clairemont Avenue Historic District

The district known as the Clairemont Avenue Historic District is designated as a historic district under the provisions of this chapter.

The Clairemont Avenue Historic District includes the properties listed in Appendix 1. to this UDO.

The recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual will be the primary basis for evaluating and reviewing all proposed work in the Clairemont Avenue Historic District. Exterior paint colors are not subject to review. Property owners planning to make changes to their properties are encouraged to obtain a copy of this publication or consult copies available at City Hall or on the City website

Review Jurisdiction

ii.

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

iii.

The Historic Preservation Commission or its designated staff member may only make the determination of what is visible from the Clairemont Avenue public right-of-way.

Project types that must be submitted include, but not be limited to the following:

New construction of principal and accessory structures.

ii.

Additions to principal and accessory structures.

iii.

Demolition of existing structures.

iv.

Relocations of existing structures.

Alterations to the exterior appearance of existing structures to include changes to the exteriors of existing buildings. For example:

Changes to sizes and locations of exterior doors and windows.

Replacement of existing windows.

Changes to rooflines and configurations.

Replacement of roofing materials.

Installation of dormers or skylights.

Changes in exterior cladding materials.

Changes to exterior trim materials, profiles or configurations.

Signage where allowed within the district.

vi.

Alterations to the existing landscape to include:

Changes to existing driveway materials.

Construction of retaining walls.

Removal of existing trees over 12 inches in diameter.

Signage where allowed within the district.

The construction, demolition and relocation of accessory structures less than 100 square feet of gross floor area is not subject to review.

Replacement of an exterior door within an existing opening is not subject to review.

Exterior paint colors are not subject to review. (Note: the use of transparent stains as an exterior finish on siding or trim is not recommended.)

Fences and walls, other than retaining walls, less than 4 feet high are not subject to review.

Landscape planting materials and configurations are not subject to review.

Certificates of Exemption

Replacement of an existing driveway if:

The width of the new driveway does not exceed 10 feet or the width of the existing driveway, whichever is greater.

Replacement of existing windows with identical replacement windows.

Backyard decks and associated railings attached to a principal structure whose surface is at or below the first floor level of the principal structure.

Replacement of in-kind roofing material or with asphalt shingles.

Replacement of an exterior door within an existing opening.

Fences and wall, other than retaining walls less than 4 feet high.

Additional District Design Guidelines Standards

Front yard walls and/or fences shall not exceed 4 feet in height.

5.2.9. - Ponce de Leon Court Historic District

The district known as Ponce de Leon Court is designated as a historic district under the provisions of this chapter.

The Ponce de Leon Court District includes the properties listed in Appendix 1. to this UDO.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on design criteria for the Ponce de Leon Court District. Repairs that are not defined as a material change, as defined in Article 12. are not subject to these guidelines or any type of review process. The material changes that require review in this district are listed in the UDO.

Review Jurisdiction

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

Low-Density Single-Family Guidelines Standards

The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries.

New principal structures should respect the existing setback, massing, and building materials, and be compatible in design with historic properties in the Ponce de Leon Court District.

ii.

Additions

Demolition or Relocation

Alterations to Existing Properties within the District

The following alterations to existing properties within review jurisdiction require a certificate of appropriateness.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Porches

The addition or removal of any porch structure. Any changes to historic design elements on existing porches.

vi.

Front Steps

Any change in material or design of the front steps requires a full review.

vii.

Garages and Carports

New garages and carports require full review. Attached garages visible from the public right-of-way are prohibited.

viii.

Driveways

Any change in the configuration or width of existing driveways requires a full review.

ix.

Fences and Walls

Installation of a fence or wall in front of the building line requires full review. Fences and walls over 4 feet high in the front yard are prohibited.

Fences and walls behind the building line are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission.

Certificate of Exemption

The following projects require a certificate of exemption from the Historic Preservation Commission :

Windows

Replacing existing windows.

Doors

Replacing an exterior door.

Roof

Replacement roof materials.

Exterior Cladding

Porches

Driveways

Landscape

The removal of any Palm Trees or Long-Needle Pines requires a statement in writing by a certified arborist that the tree is diseased or hazardous and is subject to the Sec. 9.1., Tree Protection.

Fences and Walls

Fences and walls behind the building line are subject to existing zoning regulations and are subject to review by the Preservation Commission.

High Density Single-Family Standards

The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the high-density sub area district boundaries.

New Principal Structures

New structures should respect the existing setback, massing, and building materials, and be compatible in design with properties in this sub area.

ii.

Outbuildings Accessory Structures

Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a certificate of appropriateness.

Additions

Demolition or Relocation

Alterations to Existing Properties

All changes to the structure are subject to full review.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Porches

The addition or removal of any porch structure. Any changes to historic design elements on existing porches.

vi.

Front Steps

Any change in material or design of the front steps.

vii.

Driveways

Any change in the existing configuration or width of a driveway requires a full review.

viii.

Fences and Walls

Certificate of Exemption

The following projects require a certificate of exemption from the Historic Preservation Commission :

Windows

Replace existing windows.

ii.

Doors

Replace an exterior door.

iii.

Roof

Replacement of roof materials.

iv.

Exterior Cladding

Porches

vi.

Driveways

vii.

Landscape

The removal of any Palm Trees or Long-Needle Pines requires a statement in writing by a certified arborist that the tree is diseased or hazardous and is subject to Sec. 9.1., Tree Protection.

viii.

Fences and Walls

Fences and walls behind the building line are subject to existing zoning regulations and are subject to review by the Historic Preservation Commission.

Official Zoning Map

The designated district shall be shown on the official zoning map of the City.

5.2.10. - Old Decatur Historic District

The district known as Old Decatur is designated as a historic district under the provisions of this chapter.

The Old Decatur District includes the properties listed in Appendix 1. to this UDO.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on the ordinance and design criteria for the Old Decatur District. Repairs that are not defined as a material change, as defined in Article 12. are not subject to these guidelines standards or any type of review process.

Review Jurisdiction

"Review jurisdiction" defines what aspects of the physical appearance of the district are subject to the review of the Historic Preservation Commission and the limits of that review power. All material changes are subject to the full review of the Historic Preservation Commission unless they fall outside of the review jurisdiction as defined in this article or they qualify for administrative review and certificate of exemption as defined in Sec. 5.2.3. of these guidelines standards.

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

Only the Historic Preservation Commission or its designated staff member make the determination of what is visible from the public right-of-way.

Certificate of Appropriateness

The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries.

New Principal Structures

New structures should respect the existing setback, massing, building height, scale, building materials, and be compatible in design with contributing historic properties in the Old Decatur District.

ii.

Outbuildings Accessory Structures

Any new structure over 100 square feet, including garages, visible from the public right-of-way, should be compatible in scale and design with historic properties in the Old Decatur district.

Additions

Any additions that change the footprint or roofline of existing structures within the historic district. All additions should respect the existing building height, massing, and building materials, and be compatible in design with contributing historic properties in the Old Decatur District.

Demolition or Relocation

Alterations to Existing Properties

The following alterations to existing properties within review jurisdiction require a certificate of appropriateness.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Any change in existing cladding material.

Porches

The addition or removal of any porch structure. Any changes to historic design elements on existing porches.

vi.

Front steps

Any change in material or design of the front steps.

vii.

Garages and Carports

New garages and carports require full review.

viii.

Driveways

Any change in the configuration or width of existing driveways requires a full review.

ix.

Fences and Walls

Trees

The removal of any healthy tree greater than 12 inches in diameter and subject to Sec. 9.1., Tree Protection.

Certificate of Exemption

The following projects require a certificate of exemption from the Historic Preservation Commission :

Windows

Replacing existing windows.

Doors

Replacing an exterior door.

Roof

Replacement roof materials.

Exterior Cladding

Repair and replacement of siding that exceeds 25% of the total facade surface area, but uses wood, smooth cementitious siding, or matching brick with the matching mortar color, and matches the existing siding width and reveal can be approved administratively and receive a Certificate of Exemption. Repair or replacement of existing siding does not require review as long as the repair does not exceed 25% of the total facade surface area and matches existing cladding material, mortar color, siding width, and reveal.

Porches

Repair or replacement of existing porch elements and materials that requires a change from the existing materials can be approved administratively and receive a certificate of exemption. Porch repair of existing porch elements with wood, brick, or cementitious material that matches in design with the existing porch does not require review is allowed but requires a Certificate of Exemption. Changing an open porch to a screened porch would be excluded from review as long as existing design elements are not damaged, removed, or covered.

Driveways

Front Steps

Replacement with in-kind materials.

Trees

The removal of a tree greater than 12 inches in diameter with a letter from a certified arborist stating that it is diseased and hazardous and subject to Sec. 9.1., Tree Protection.

Fences and Walls

Replacement with in-kind materials Fences and wall behind the building are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission.

Zoning Map

The designated district will be shown on the official zoning map of the City.

5.2.11. - Parkwood Historic District

The district known as the Parkwood District is designated as a historic district under the provisions of this chapter.

The Parkwood District includes the properties listed in Appendix 1 to this UDO.

Review Jurisdiction

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

Only the Historic Preservation Commission or its designated staff member makes the determination of what is visible from the public right-of-way.

Certificate of Appropriateness

The following projects require full review by the preservation commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries.

New Principal Structures

New structures should respect the existing setback, massing, building height, scale, building materials, and be compatible in design with contributing historic properties in the Parkwood District.

ii.

Outbuildings Accessory Structures

Additions

Demolition or Relocation

Alterations to Existing Properties

The following alterations to existing properties within review jurisdiction require a certificate of appropriateness.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in window design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Any change in existing cladding material, including the painting of unpainted masonry.

Porches/Porticos

The addition or removal of any porch/portico structure. Any changes to historic design elements on existing porches/porticos.

vi.

Garages and Carports

New garages and carports require full review if they are visible from the public right-of-way.

vii.

Walls

Removal or construction of new walls in the front or side yards.

viii.

Fences and Walls

ix.

Trees

The removal of any healthy tree greater than 12 inches in diameter and subject to Sec. 9.1. Tree Protection.

Driveways

Any change in the configuration, material or width of existing driveways.

Certificate of Exemption

The following projects require a certificate of exemption from the preservation commission:

Windows

Replacing existing windows with the same size and design.

Doors

Replacing an exterior door.

Roof

Replacement of roof materials.

Exterior Cladding

Repair and replacement of siding with matching or similar materials.

Porches and Porticos

Repair or replacement of existing porch elements and materials.

Front Steps

Repair or replacement of steps and installation of hand rail or temporary accessibility ramp.

Trees

The removal of a tree greater than 12 inches in diameter with a letter from a certified arborist stating that it is diseased and hazardous and subject to Sec. 9.1. Tree Protection.

Walls

Replacement with in-kind materials.

Zoning Map

The designated district will be shown on the official zoning map of the city.

5.2.12. - Maintenance of Historic Properties

Ordinary Maintenance or Repair-Generally

Demolition by Neglect

Maintenance and Enforcement

Failure to Maintain; Response by Historic Preservation Commission

The Historic Preservation Commission shall be charged with the following responsibilities regarding deterioration by neglect:

Monitoring

Notice to Owner to Remedy; Time Limit

Failure by Owner to Remedy

5.3.1. - Purpose

The purpose of these regulations is to improve the downtown Decatur environment in the following ways:

Encourage, protect and enhance the pedestrian environment.

Improve the aesthetics of downtown area.

Provide for parking in a way that does not diminish the pedestrian environment.

Encourage additional street level activity.

Promote opportunities for residential and commercial development.

5.3.2. - Application

These regulations shall apply to the following properties zoned C-2, PO or I located in the Downtown Decatur Special Pedestrian Area:

All properties located in the Downtown Decatur Special Pedestrian Area which have frontage on the following streets or street segments:

North Candler Street: 300—400 block

Church Street: 100—900 block

Clairemont Avenue: 100 block—300 block

Commerce Drive: East/North side 100—700 block

Commerce Drive: West/South side from West Howard Avenue to East College Avenue

East Court Square: all

Electric Avenue: 100 block

East Howard Avenue: all

Hillyer Place: 100 block

10.

West Howard Avenue: 100 block

11.

North McDonough Street: all

12.

West Ponce de Leon Avenue: North side 100—400 block

13.

West Ponce de Leon Avenue: South side 100—500 block

14.

East Ponce de Leon Avenue: 100—300 block

15.

Ponce de Leon Place: 100—200 block

16.

Swanton Way: all

17.

Sycamore Place: 100 block

18.

Sycamore Street: all

19.

East Trinity Place: all

20.

West Trinity Place: 100—500 block

21.

Waters Street: on the northeast side from West Ponce de Leon to West Trinity Place

These properties are shown upon the map designated as the "Downtown Decatur Special Pedestrian Area". This map and all notations, shall be kept on file with the City Clerk.

5.3.3. - Building Design Standards

Buildings to Face Street

Parking Areas and Driveways

Drive-In or Drive-Through Facilities

Vehicular access to a drive-in or drive-through use shall not be permitted from a street or street segment in the Downtown Decatur Special Pedestrian Area.

Multiple-Level Parking Facilities

Cornice Lines

Multiple-story buildings of 3 or more stories shall have a cornice line between the second and third stories.

Transparency

Buildings which have street frontage in the special pedestrian area shall have a minimum transparency of 25% of the total area of the first floor elevation.

5.3.4. - Special Exceptions

Special exceptions to these requirements may be approved after consideration of the following standards:

The suitability of the proposed exception in view of the use and development of adjacent and nearby property.

The effect that the proposed exception will have on the existing use or usability of adjacent or nearby property.

The impact that the proposed development will have on the public safety, traffic on the public streets, transportation facilities, utilities and other public services.

The impact that the proposed development will have on established property values and on the health, safety, comfort and general welfare of the residents of the City.

The economic or marketing impact that these guidelines may have on the property owner or development.

5.4.1. - Purpose

The purpose of this article of the Decatur Unified Development Ordinance is to:

Provide for creative approaches to the development of land.

Provide for the efficient use of land, permitting a more economic arrangement of buildings, circulation systems, land uses and utilities.

Provide for the development of stable environments that are compatible with surrounding areas of the community.

5.4.2. - Permitted Uses; Minimum Areas

5.4.3. - Density Standards

Density Standards
Zoning District	Permitted Use	Minimum Lot area per Dwelling (sq. ft.)
R-85	Single-family dwelling	15,000
R-60	Single-family dwelling	9,000
RM-18	Single-family dwelling	7,200
	2-family dwelling	4,500
	Multiple-family dwelling	2,500
RM-43	Single-family dwelling	7,200
	2-family dwelling	4,500
	Multiple-family dwelling	1,000

5.4.4. - Development Standards

Site Planning

Service and Emergency Access

Access and circulation shall adequately provide for firefighting equipment, service deliveries and refuse collection.

Underground Utilities

Pedestrian Ways

Light, Air and Recreation

Covenants

The planned unit development shall include such covenants and legal provisions as will assure conformity to the achievement of the plan.

General Standards for Approval

Is the proposed development suitable in view of the use and development of adjacent and nearby property?

Does the proposed development adversely affect the existing use or usability of adjacent or nearby property?

Does the proposed development result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?

5.4.5. - Application for Approval

Ownership

Procedure

North arrow, scale, block and lot numbers, land lot numbers and adjacent streets and structures.

Proposed street rights-of-way, utility and all other easements.

Boundary and topographic survey with 2-front contour interval prepared by a qualified surveyor registered to practice in the State of Georgia.

All other information necessary to show that the proposed planned unit development shall comply with the development standards of Sec. 5.4.4.

Subdivision Ordinance

Review

Hearing by the Planning Commission

Action by the Planning Commission

Action by the City Commission

Fee

Decatur City Zoning Code

ARTICLE 5

- Special and Overlay Districts

5.1.1. - Purpose

5.1.2. - Development Standards

Establishment

Amendments

Amendments to the comprehensive site development plan of an institutional zoning district shall be made by following the same procedure required for amending the UDO and map.

Rezoning

5.2.1. - Historic Preservation Commission

Creation; Title

There is hereby created a Commission whose title shall be "Decatur Historic Preservation Commission."

Position within the City

Membership; Number; Terms; Compensation

Powers

The Historic Preservation Commission shall be authorized to:

Prepare and maintain an inventory of all property within the City having the potential for designation as historic property.

Recommend to the City Commission specific places, districts, sites, buildings, structures, objects, or works of art to be designated by ordinance as historic properties or historic districts.

Review applications for certificates of appropriateness, and grant or deny such certificates in accordance with the provisions of this chapter.

Advise the City on the restoration or preservation of any historic properties acquired by the City.

Conduct educational programs on historic properties located within the City and on general historic preservation activities.

Seek out local, state, federal and private funds for historic preservation, and make recommendations to the City Commission concerning the most appropriate uses of any funds acquired.

10.

Submit to the Historic Preservation Section of the State Department of Natural Resources a list of historic properties or historic districts designated.

11.

Perform historic preservation activities as the official agency of the City Historic Preservation Program.

12.

13.

14.

Participate in private, state and federal historic preservation programs and with the consent of the City Commission enter into agreements to do the same.

15.

Limitation on Powers

The Historic Preservation Commission shall not have the power to obligate the City in any way without prior consent of the City Commission.

Adoption of Rules and Standards; Meetings; Officers; Quorum

Conflicts of Interest

Authority to Receive Funding

The Historic Preservation Commission shall have the authority to accept donations and shall ensure that these funds do not displace appropriated governmental funds.

Records of Meetings

A public record shall be kept of the Historic Preservation Commission's resolutions, proceedings and actions.

5.2.2. - Establishment of Historic Districts and Properties

Preliminary Research by Historic Preservation Commission

Mandate to conduct a survey of local historic resources. The Historic Preservation Commission shall compile and collect information and conduct surveys of historic resources within the City.

A physical description;

A statement of the historical, cultural, architectural and/or aesthetic significance;

A statement justifying district or individual property boundaries; and

Representative photographs.

Designation of a Historic District

Criteria for Selection

A historic district is a geographically definable area, which contains buildings, structures, sites, objects, landscape features and works of art or a combination thereof, which:

Have special character or special historic/aesthetic value or interest;

Represent one or more periods, styles or types of architecture typical of one or more areas in the history of Decatur, DeKalb County, the State of Georgia, or the region; and

Cause such area, by reason of such factors, to constitute a visibly perceptible section of the municipality, City or county.

Boundaries

Boundaries of a historic district shall be included in the separate ordinances designating such districts and shall be shown on the official zoning map.

Evaluation of Properties within Historic Districts

Individual properties within historic districts shall be classified as:

Historic (Contributing)

Nonhistoric (Noncontributing)

Designation of a Historic Property

Criteria for Selection

It is an outstanding example of a structure representative of its era.

It is one of the few remaining examples of past architectural style.

It is a place or structure associated with an event or persons of historic or cultural significance to the City, the county, the state or the local region.

It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the City, county, state or region.

Boundary Description

Boundaries shall be included in the separate ordinances designating such properties and shall be shown on the official zoning map.

Requirements for Adopting a Designation Ordinance

Application for Designation

Authority to Apply

Designations may be proposed by the City Commission, the Historic Preservation Commission, or:

For Historic Districts

In historic districts a historical organization, neighborhood association or group of property owners may apply to the Historic Preservation Commission for designation.

For Historic Properties

For historic properties a historical organization, neighborhood association or property owner may apply to the Historic Preservation Commission for designation.

Components of an Application

Cover letter from person or organization proposing the designation;

A map identifying the geographic area of the City that is to be included in the proposed designation;

Names and addresses of the owners of the property affected by the proposed designation;

Designation report of the property or district to be designated; and

Regulations that will govern the property or district to be designated.

Receipt of Completed Application

Once a completed application for designation has been received, the Historic Preservation Commission, shall:

Prepare a schedule of the designation process which shall be limited to 60 days, with an extension of an additional 30 days, if necessary.

Schedule the hearings and notices required by Sec. 5.2.2.D.5..

Designation Process Timeframe

Required Public Hearings

Moratorium

Required Components of a Designation Ordinance

Any ordinance designating any property or district as historic shall:

List each property in a proposed historic district or describe the proposed individual historic property;

Set forth the names of the owners of the designated properties; the map of the district to be codified;

Require that a certificate of appropriateness be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated property; and

Require that the property or district be shown on the official zoning map.

Recommendations by the Historic Preservation Commission

City Commission Action on Proposed Designation

10.

Notification to Historic Preservation Division

11.

Notification of Adoption Designation Ordinance

12.

Notification of Other Agencies

The Historic Preservation Commission shall notify all necessary agencies within the City of the ordinance for designation, including the local historical organization.

13.

Authority to Amend or Rescind Designation

The City Commission has the authority to amend or rescind the designation of a historic property or district.

14.

Designation Process Timeframe

5.2.3. - Regulation of Historic Districts and Properties

Certificate of Appropriateness

Approval of Alterations or New Construction in Historic Districts or Involving Historic Properties

Certificate of Exemption

Issuance upon Conformance of Certificates of Appropriateness

Guidelines and Criteria

Submission of Plans

Response to Applications

Approval

Denial

Public Hearings on Applications; Notices; Right to be Heard

Interior Alterations

Technical Advice

The Historic Preservation Commission may seek technical advice from outside its members on any application.

Deadline for Approval or Denial

An applicant may request a deferral in writing on a form approved by the Historic Preservation Commission.

Necessary Actions

Variances

Conformance with Certificate

Period of Validity; Renewal

Recording of Applications

Acquisition of Property

Appeals

Appeals from decision of the City Commission may be taken to the county superior court in the manner provided by law for appeals from conviction for City ordinance violations.

Demolition or Relocation

Applications for Certificates of Appropriateness

The Preservation Commission shall have the authority to deny certificates of appropriateness for demolition or relocation.

Applications for certificates of appropriateness for demolition or relocation shall include:

A report from an independent licensed engineer or architect with experience in rehabilitation regarding the structural soundness of the historic property;

A summary of all efforts made to reuse, rehabilitate or sell the historic property;

A cost estimate of the proposed demolition or relocation of the historic property;

Evidence that the applicant has the financial ability to carry out the proposed project; and

Post demolition or post relocation plans for the site.

Authority to Deny

The Historic Preservation Commission shall have the authority to deny certificates of appropriateness for demolition or relocation of historic properties.

Public Hearing

A public hearing shall be scheduled for each application for a certificate of appropriateness for demolition or relocation of historic properties.

Post-Demolition or Post-Relocation Plans

Criteria

(Ord. No. O-22-11, § 3(Exh. B), 10-17-22)

5.2.4. - General Provisions for Historic Districts and Properties

Design Guidelines Standards

Designated Properties Listed in Appendix

Designated Historic District properties are listed in Appendix 1. to this UDO.

Conflict with Other Provisions

When a specific Historic District requirement conflicts with another requirement of this UDO, the Historic District provisions shall prevail.

Zoning Map

The designated property shall be shown on the official zoning map of the City.

5.2.5. - Old DeKalb County Courthouse

The name of the owner of the property is DeKalb County, Georgia.

The designated property shall be shown on the official zoning map of the City.

5.2.6. - Scottish Rite Hospital for Crippled Children

The name of the owner of the designated property is the City.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated property. However, so long as the City is the owner of the designated property it shall be exempt from the requirement of obtaining certificates of appropriateness, provided that the City, any lessee or occupant shall notify the Historic Preservation Commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the Historic Preservation Commission an opportunity to comment. In the alternative, the City may opt to follow the procedures for obtaining a certificate of appropriateness.

The designated property shall be shown on the official zoning map of the City.

5.2.7. - McDonough-Adams-Kings Highway District

The district known as the McDonough-Adams-Kings Highway District is designated as a historic district under the provisions of this chapter.

The McDonough-Adams-Kings Highway District includes the properties listed in Appendix 1. to this UDO.

The material changes that require review in this district are listed in the definition for material changes, found in Sec. 12.1.

Repairs that are not defined as a material change are not subject to full review and can be approved as a Certificate of Exemption per Sec. 5.2.3.B. of these district guidelines.

The recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual will be the primary basis for evaluating and reviewing all proposed work in the McDonough-Adams-Kings Highway Historic District. Property owners planning to make changes to their properties are encouraged to obtain a copy of this publication or consult copies available at on the City website.

Design criteria for the McDonough-Adams-Kings Highway District. The following guidelines standards shall be used to determine whether a certificate of appropriateness shall be approved:

New Construction

Any project that calls for the construction of a new structure(s) on vacant property located within the district boundaries.

New Principal Structures

Outbuildings Accessory Structures

Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a Certificate of Appropriateness.

Additions

Demolition or Relocation

Alterations to Existing Properties

Doorways

Windows

Roofs

Flat seam metal roofs shall be used on the front and side elevations;

ii.

iii.

Sheet metal is acceptable. Painted metal with a baked on finish should be a flat finish and the color should match the primary roof color.

iv.

Bare galvanized metal and unpainted aluminum is not acceptable.

Exterior Cladding

Porches

Certificate of Exemption

Windows

Replacement of windows in kind.

Hardscape/Landscape

Vegetation

ii.

Fences and Walls

iii.

Driveways

It is recommended that the width of driveways be restricted to 10 feet to the face of the house. The use of asphalt is prohibited.

Accessory Buildings Structures

Changes in accessory buildings that are visible from Clairemont Ave.

Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a Certificate of Appropriateness.

City-Owned Properties Rights-of-Way

The designated district shall be shown on the official zoning map of the City.

5.2.8. - Clairemont Avenue Historic District

The district known as the Clairemont Avenue Historic District is designated as a historic district under the provisions of this chapter.

The Clairemont Avenue Historic District includes the properties listed in Appendix 1. to this UDO.

The recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual will be the primary basis for evaluating and reviewing all proposed work in the Clairemont Avenue Historic District. Exterior paint colors are not subject to review. Property owners planning to make changes to their properties are encouraged to obtain a copy of this publication or consult copies available at City Hall or on the City website

Review Jurisdiction

ii.

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

iii.

The Historic Preservation Commission or its designated staff member may only make the determination of what is visible from the Clairemont Avenue public right-of-way.

Project types that must be submitted include, but not be limited to the following:

New construction of principal and accessory structures.

ii.

Additions to principal and accessory structures.

iii.

Demolition of existing structures.

iv.

Relocations of existing structures.

Alterations to the exterior appearance of existing structures to include changes to the exteriors of existing buildings. For example:

Changes to sizes and locations of exterior doors and windows.

Replacement of existing windows.

Changes to rooflines and configurations.

Replacement of roofing materials.

Installation of dormers or skylights.

Changes in exterior cladding materials.

Changes to exterior trim materials, profiles or configurations.

Signage where allowed within the district.

vi.

Alterations to the existing landscape to include:

Changes to existing driveway materials.

Construction of retaining walls.

Removal of existing trees over 12 inches in diameter.

Signage where allowed within the district.

The construction, demolition and relocation of accessory structures less than 100 square feet of gross floor area is not subject to review.

Replacement of an exterior door within an existing opening is not subject to review.

Exterior paint colors are not subject to review. (Note: the use of transparent stains as an exterior finish on siding or trim is not recommended.)

Fences and walls, other than retaining walls, less than 4 feet high are not subject to review.

Landscape planting materials and configurations are not subject to review.

Certificates of Exemption

Replacement of an existing driveway if:

The width of the new driveway does not exceed 10 feet or the width of the existing driveway, whichever is greater.

Replacement of existing windows with identical replacement windows.

Backyard decks and associated railings attached to a principal structure whose surface is at or below the first floor level of the principal structure.

Replacement of in-kind roofing material or with asphalt shingles.

Replacement of an exterior door within an existing opening.

Fences and wall, other than retaining walls less than 4 feet high.

Additional District Design Guidelines Standards

Front yard walls and/or fences shall not exceed 4 feet in height.

5.2.9. - Ponce de Leon Court Historic District

The district known as Ponce de Leon Court is designated as a historic district under the provisions of this chapter.

The Ponce de Leon Court District includes the properties listed in Appendix 1. to this UDO.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on design criteria for the Ponce de Leon Court District. Repairs that are not defined as a material change, as defined in Article 12. are not subject to these guidelines or any type of review process. The material changes that require review in this district are listed in the UDO.

Review Jurisdiction

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

Low-Density Single-Family Guidelines Standards

The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries.

New principal structures should respect the existing setback, massing, and building materials, and be compatible in design with historic properties in the Ponce de Leon Court District.

ii.

Additions

Demolition or Relocation

Alterations to Existing Properties within the District

The following alterations to existing properties within review jurisdiction require a certificate of appropriateness.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Porches

The addition or removal of any porch structure. Any changes to historic design elements on existing porches.

vi.

Front Steps

Any change in material or design of the front steps requires a full review.

vii.

Garages and Carports

New garages and carports require full review. Attached garages visible from the public right-of-way are prohibited.

viii.

Driveways

Any change in the configuration or width of existing driveways requires a full review.

ix.

Fences and Walls

Installation of a fence or wall in front of the building line requires full review. Fences and walls over 4 feet high in the front yard are prohibited.

Fences and walls behind the building line are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission.

Certificate of Exemption

The following projects require a certificate of exemption from the Historic Preservation Commission :

Windows

Replacing existing windows.

Doors

Replacing an exterior door.

Roof

Replacement roof materials.

Exterior Cladding

Porches

Driveways

Landscape

The removal of any Palm Trees or Long-Needle Pines requires a statement in writing by a certified arborist that the tree is diseased or hazardous and is subject to the Sec. 9.1., Tree Protection.

Fences and Walls

Fences and walls behind the building line are subject to existing zoning regulations and are subject to review by the Preservation Commission.

High Density Single-Family Standards

The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the high-density sub area district boundaries.

New Principal Structures

New structures should respect the existing setback, massing, and building materials, and be compatible in design with properties in this sub area.

ii.

Outbuildings Accessory Structures

Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a certificate of appropriateness.

Additions

Demolition or Relocation

Alterations to Existing Properties

All changes to the structure are subject to full review.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Porches

The addition or removal of any porch structure. Any changes to historic design elements on existing porches.

vi.

Front Steps

Any change in material or design of the front steps.

vii.

Driveways

Any change in the existing configuration or width of a driveway requires a full review.

viii.

Fences and Walls

Certificate of Exemption

The following projects require a certificate of exemption from the Historic Preservation Commission :

Windows

Replace existing windows.

ii.

Doors

Replace an exterior door.

iii.

Roof

Replacement of roof materials.

iv.

Exterior Cladding

Porches

vi.

Driveways

vii.

Landscape

The removal of any Palm Trees or Long-Needle Pines requires a statement in writing by a certified arborist that the tree is diseased or hazardous and is subject to Sec. 9.1., Tree Protection.

viii.

Fences and Walls

Fences and walls behind the building line are subject to existing zoning regulations and are subject to review by the Historic Preservation Commission.

Official Zoning Map

The designated district shall be shown on the official zoning map of the City.

5.2.10. - Old Decatur Historic District

The district known as Old Decatur is designated as a historic district under the provisions of this chapter.

The Old Decatur District includes the properties listed in Appendix 1. to this UDO.

A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on the ordinance and design criteria for the Old Decatur District. Repairs that are not defined as a material change, as defined in Article 12. are not subject to these guidelines standards or any type of review process.

Review Jurisdiction

"Review jurisdiction" defines what aspects of the physical appearance of the district are subject to the review of the Historic Preservation Commission and the limits of that review power. All material changes are subject to the full review of the Historic Preservation Commission unless they fall outside of the review jurisdiction as defined in this article or they qualify for administrative review and certificate of exemption as defined in Sec. 5.2.3. of these guidelines standards.

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

Only the Historic Preservation Commission or its designated staff member make the determination of what is visible from the public right-of-way.

Certificate of Appropriateness

The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries.

New Principal Structures

New structures should respect the existing setback, massing, building height, scale, building materials, and be compatible in design with contributing historic properties in the Old Decatur District.

ii.

Outbuildings Accessory Structures

Any new structure over 100 square feet, including garages, visible from the public right-of-way, should be compatible in scale and design with historic properties in the Old Decatur district.

Additions

Any additions that change the footprint or roofline of existing structures within the historic district. All additions should respect the existing building height, massing, and building materials, and be compatible in design with contributing historic properties in the Old Decatur District.

Demolition or Relocation

Alterations to Existing Properties

The following alterations to existing properties within review jurisdiction require a certificate of appropriateness.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Any change in existing cladding material.

Porches

The addition or removal of any porch structure. Any changes to historic design elements on existing porches.

vi.

Front steps

Any change in material or design of the front steps.

vii.

Garages and Carports

New garages and carports require full review.

viii.

Driveways

Any change in the configuration or width of existing driveways requires a full review.

ix.

Fences and Walls

Trees

The removal of any healthy tree greater than 12 inches in diameter and subject to Sec. 9.1., Tree Protection.

Certificate of Exemption

The following projects require a certificate of exemption from the Historic Preservation Commission :

Windows

Replacing existing windows.

Doors

Replacing an exterior door.

Roof

Replacement roof materials.

Exterior Cladding

Repair and replacement of siding that exceeds 25% of the total facade surface area, but uses wood, smooth cementitious siding, or matching brick with the matching mortar color, and matches the existing siding width and reveal can be approved administratively and receive a Certificate of Exemption. Repair or replacement of existing siding does not require review as long as the repair does not exceed 25% of the total facade surface area and matches existing cladding material, mortar color, siding width, and reveal.

Porches

Repair or replacement of existing porch elements and materials that requires a change from the existing materials can be approved administratively and receive a certificate of exemption. Porch repair of existing porch elements with wood, brick, or cementitious material that matches in design with the existing porch does not require review is allowed but requires a Certificate of Exemption. Changing an open porch to a screened porch would be excluded from review as long as existing design elements are not damaged, removed, or covered.

Driveways

Front Steps

Replacement with in-kind materials.

Trees

The removal of a tree greater than 12 inches in diameter with a letter from a certified arborist stating that it is diseased and hazardous and subject to Sec. 9.1., Tree Protection.

Fences and Walls

Replacement with in-kind materials Fences and wall behind the building are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission.

Zoning Map

The designated district will be shown on the official zoning map of the City.

5.2.11. - Parkwood Historic District

The district known as the Parkwood District is designated as a historic district under the provisions of this chapter.

The Parkwood District includes the properties listed in Appendix 1 to this UDO.

Review Jurisdiction

Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction.

Only the Historic Preservation Commission or its designated staff member makes the determination of what is visible from the public right-of-way.

Certificate of Appropriateness

The following projects require full review by the preservation commission and a certificate of appropriateness to obtain a building permit.

New Construction

Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries.

New Principal Structures

New structures should respect the existing setback, massing, building height, scale, building materials, and be compatible in design with contributing historic properties in the Parkwood District.

ii.

Outbuildings Accessory Structures

Additions

Demolition or Relocation

Alterations to Existing Properties

The following alterations to existing properties within review jurisdiction require a certificate of appropriateness.

Doorways

Change in opening size or location.

ii.

Windows

Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in window design.

iii.

Roofs

Any change in the roof shape.

iv.

Exterior Cladding

Any change in existing cladding material, including the painting of unpainted masonry.

Porches/Porticos

The addition or removal of any porch/portico structure. Any changes to historic design elements on existing porches/porticos.

vi.

Garages and Carports

New garages and carports require full review if they are visible from the public right-of-way.

vii.

Walls

Removal or construction of new walls in the front or side yards.

viii.

Fences and Walls

ix.

Trees

The removal of any healthy tree greater than 12 inches in diameter and subject to Sec. 9.1. Tree Protection.

Driveways

Any change in the configuration, material or width of existing driveways.

Certificate of Exemption

The following projects require a certificate of exemption from the preservation commission:

Windows

Replacing existing windows with the same size and design.

Doors

Replacing an exterior door.

Roof

Replacement of roof materials.

Exterior Cladding

Repair and replacement of siding with matching or similar materials.

Porches and Porticos

Repair or replacement of existing porch elements and materials.

Front Steps

Repair or replacement of steps and installation of hand rail or temporary accessibility ramp.

Trees

The removal of a tree greater than 12 inches in diameter with a letter from a certified arborist stating that it is diseased and hazardous and subject to Sec. 9.1. Tree Protection.

Walls

Replacement with in-kind materials.

Zoning Map

The designated district will be shown on the official zoning map of the city.

5.2.12. - Maintenance of Historic Properties

Ordinary Maintenance or Repair-Generally

Demolition by Neglect

Maintenance and Enforcement

Failure to Maintain; Response by Historic Preservation Commission

The Historic Preservation Commission shall be charged with the following responsibilities regarding deterioration by neglect:

Monitoring

Notice to Owner to Remedy; Time Limit

Failure by Owner to Remedy

5.3.1. - Purpose

The purpose of these regulations is to improve the downtown Decatur environment in the following ways:

Encourage, protect and enhance the pedestrian environment.

Improve the aesthetics of downtown area.

Provide for parking in a way that does not diminish the pedestrian environment.

Encourage additional street level activity.

Promote opportunities for residential and commercial development.

5.3.2. - Application

These regulations shall apply to the following properties zoned C-2, PO or I located in the Downtown Decatur Special Pedestrian Area:

All properties located in the Downtown Decatur Special Pedestrian Area which have frontage on the following streets or street segments:

North Candler Street: 300—400 block

Church Street: 100—900 block

Clairemont Avenue: 100 block—300 block

Commerce Drive: East/North side 100—700 block

Commerce Drive: West/South side from West Howard Avenue to East College Avenue

East Court Square: all

Electric Avenue: 100 block

East Howard Avenue: all

Hillyer Place: 100 block

10.

West Howard Avenue: 100 block

11.

North McDonough Street: all

12.

West Ponce de Leon Avenue: North side 100—400 block

13.

West Ponce de Leon Avenue: South side 100—500 block

14.

East Ponce de Leon Avenue: 100—300 block

15.

Ponce de Leon Place: 100—200 block

16.

Swanton Way: all

17.

Sycamore Place: 100 block

18.

Sycamore Street: all

19.

East Trinity Place: all

20.

West Trinity Place: 100—500 block

21.

Waters Street: on the northeast side from West Ponce de Leon to West Trinity Place

These properties are shown upon the map designated as the "Downtown Decatur Special Pedestrian Area". This map and all notations, shall be kept on file with the City Clerk.

5.3.3. - Building Design Standards

Buildings to Face Street

Parking Areas and Driveways

Drive-In or Drive-Through Facilities

Vehicular access to a drive-in or drive-through use shall not be permitted from a street or street segment in the Downtown Decatur Special Pedestrian Area.

Multiple-Level Parking Facilities

Cornice Lines

Multiple-story buildings of 3 or more stories shall have a cornice line between the second and third stories.

Transparency

Buildings which have street frontage in the special pedestrian area shall have a minimum transparency of 25% of the total area of the first floor elevation.

5.3.4. - Special Exceptions

Special exceptions to these requirements may be approved after consideration of the following standards:

The suitability of the proposed exception in view of the use and development of adjacent and nearby property.

The effect that the proposed exception will have on the existing use or usability of adjacent or nearby property.

The impact that the proposed development will have on the public safety, traffic on the public streets, transportation facilities, utilities and other public services.

The impact that the proposed development will have on established property values and on the health, safety, comfort and general welfare of the residents of the City.

The economic or marketing impact that these guidelines may have on the property owner or development.

5.4.1. - Purpose

The purpose of this article of the Decatur Unified Development Ordinance is to:

Provide for creative approaches to the development of land.

Provide for the efficient use of land, permitting a more economic arrangement of buildings, circulation systems, land uses and utilities.

Provide for the development of stable environments that are compatible with surrounding areas of the community.

5.4.2. - Permitted Uses; Minimum Areas

5.4.3. - Density Standards

Density Standards
Zoning District	Permitted Use	Minimum Lot area per Dwelling (sq. ft.)
R-85	Single-family dwelling	15,000
R-60	Single-family dwelling	9,000
RM-18	Single-family dwelling	7,200
	2-family dwelling	4,500
	Multiple-family dwelling	2,500
RM-43	Single-family dwelling	7,200
	2-family dwelling	4,500
	Multiple-family dwelling	1,000

5.4.4. - Development Standards

Site Planning

Service and Emergency Access

Access and circulation shall adequately provide for firefighting equipment, service deliveries and refuse collection.

Underground Utilities

Pedestrian Ways

Light, Air and Recreation

Covenants

The planned unit development shall include such covenants and legal provisions as will assure conformity to the achievement of the plan.

General Standards for Approval

Is the proposed development suitable in view of the use and development of adjacent and nearby property?

Does the proposed development adversely affect the existing use or usability of adjacent or nearby property?

Does the proposed development result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?

5.4.5. - Application for Approval

Ownership

Procedure

North arrow, scale, block and lot numbers, land lot numbers and adjacent streets and structures.

Proposed street rights-of-way, utility and all other easements.

Boundary and topographic survey with 2-front contour interval prepared by a qualified surveyor registered to practice in the State of Georgia.

All other information necessary to show that the proposed planned unit development shall comply with the development standards of Sec. 5.4.4.

Subdivision Ordinance

Review

Hearing by the Planning Commission

Action by the Planning Commission

Action by the City Commission

Fee