The regulations set forth in this article, or set forth elsewhere in this resolution when referred to in this article, are the regulations in the A-1 District. (See article XIX)

A building or premises shall be used only for the following purposes:

A.

Any use permitted in the R-1 Single Family Dwelling District.

B.

Two family dwelling.

C.

Multiple dwelling.

D.

Rooming house and boardinghouse.

E.

Institutions of a religious, educational, eleemosynary or philanthropic nature, but not penal or mental institutions. (These uses are contingent upon compliance with article XIX — Additional Use Regulations.)

F.

Hospital, except a criminal, mental or animal hospital, (These uses are contingent upon compliance with article XIX — Additional Use Regulations.)

G.

Private club, fraternities, sororities and lodge, excepting those the chief activity of which is a service customarily carried on as a business. (These uses are contingent upon compliance with article XIX — Additional Use Regulations.)

H.

Accessory use or building and uses customarily incidental to any of the above uses, including as follows:

(1)

Single family and two family dwellings: Accessory buildings that are not a part of the main structure shall be located in the rear yard not less than ten feet from the main building nor less than five feet from any side or rear yard.

(2)

Multiple family dwellings and other uses: All accessory buildings shall be located in the rear yard and not nearer to any lot line than the distance prescribed for side and rear yards.

(3)

Deleted - 37, Regular Meeting 2/3/88.

(4)

Swimming pools may be located within the buildable area of any tract or parcel of land used for multiple family dwelling purposes, provided that when located on property adjacent to single family or two family dwelling districts, such pools, including their enclosed areas, shall not be located within 150 feet thereof. Provided, however, when swimming pools are located so as to be screened from such districts by a multiple family dwelling greater in length by a minimum of 20 feet on each end of the enclosed area of such pools, said distance of 150 feet shall not be required.

1.

Location of parking spaces and driveways on the lot:

(a)

Off-street parking shall be provided in the rear yard or within that portion of the side yard lies between a main building and the side lot line.

(b)

Except at points where they provide ingress and egress to a property, development, or parcel of land, driveways may not be located nearer than ten feet to any lot line which abuts a single family or two family dwelling district nor nearer than four feet to any other lot line.

2.

Parking space requirements: Parking spaces on the lot with adequate access to a public street and with adequate circulation space shall be constructed of a material which will assure a surface resistant to erosion and maintained permanently follows:

(a)

Multiple dwellings: One and one-half tenant parking spaces for each dwelling unit, plus one visitor parking space for ever four units, rounded to the next highest whole number of spaces.

(b)

Single family and two family dwellings: Two parking spaces for each dwelling unit.

(c)

Fraternities or sororities: One parking space for every three beds contained in the structure.

(d)

Rooming house and boardinghouse: One parking space for every two guest rooms contained in the structure.

(e)

Private club or lodge: One parking space for every five active members.

(f)

Hospitals or institutions: One space for ever four beds, plus one space for each staff or visiting doctor (based on the average number), plus one space for every two employees, including nurses.

(g)

Professional office or studio of a physician, dentist, artist, musician, lawyer, architect or teacher in his place of abode: Parking space with adequate ingress and egress from a public way, place or street equal to twice that area within the structure which is devoted to such office or studio, but in no instance less than two parking spaces.

(h)

Schools and public buildings: One parking space for every ten seats in the auditorium or similar places of public assembly.

(i)

Government buildings: One parking space for every 200 square feet of floor area (excluding storage area) plus one space for every two persons employed in an accessory use.

No building shall exceed three stories or 45 feet.

1.

Front yard:

(a)

Single family and two family dwellings: There shall be a front yard having a depth of not less than 40 feet.

(b)

Multiple dwellings and other uses: There shall be front yard having a depth of not less than 40 feet.

2.

Side yard:

(a)

Single family and two family dwellings: There shall be two side yards, one on each side of the building, having a combined width of not less than 15 feet; provided, however, that no side yard shall be less than seven feet in width.

(b)

Multiple dwelling and other uses:

(1)

Where multiple dwelling districts abut single family and two family districts, there shall be two side yards, one on each side of the building each having a width of not less than 25 feet.

(2)

Where multiple dwelling districts do not abut single family and two family districts, there shall be two side yards, one on each side of the building, having a combined width of not less than 25 feet provided, however, that no side yard shall be less than ten feet in width.

(3)

Where a lot is located at the intersection of two or more streets, the width of the yard along the side street shall be not less than 25 feet.

3.

Side yard:

(a)

Single family and two family dwellings: There shall be a rear yard having a depth of not less than 25 feet.

(b)

Multiple dwellings and other uses: There shall be a rear yard having a depth of not less than 25 feet, provided, that when a rear yard abuts a single family district and is used for multiple dwelling purposes, the rear yard shall be not less than 75 feet.

4.

Lot area per family: Every dwelling shall be located upon a lot having the following minimum size:

(a)

Single family dwelling: Every lot shall have a frontage of not less than 85 feet and an area of not less than 12,000 square feet, however, in no case shall lot frontages and lot areas be required which are larger than those required by zoning standards established in the nearest single family dwelling district.

(b)

Two family dwellings: Every two family dwelling shall be located upon a Lot having a frontage of not less than 85 feet and an area of not less than 10,000 square feet, however, in no case shall lot frontages and lot areas be required which are larger than those required by the zoning standards established in the nearest single family dwelling district.

(c)

Multiple dwellings: Multiple dwellings shall be located upon a lot having a frontage of not less than 100 feet and an area of not less than 2,250 square feet per family.

(d)

Where a lot has less area or width than herein required and was of record at the time of the effective date of this resolution, that lot may be used for a single family dwelling, for a two family dwelling, or for the other nondwelling uses permitted in this article.

1.

Each efficiency or studio apartment shall have a floor area of not less than 450 square feet.

2.

Each multiple dwelling other than efficiency or studio apartments shall have a floor area of not less than 600 square feet per dwelling unit.

3.

Each two family dwelling shall have a minimum floor area of 1,000 square feet per dwelling unit.

4.

Each single family dwelling shall have a minimum floor area of 1,100 square feet.

Maximum coverage of the lot by buildings, including accessory buildings, shall be 30 percent of the gross lot area.

The developer shall provide a buffer screen beginning at the building line and extending along any side or rear property line which abuts a single family or two family district when an A-1 District is used for any purpose other than one or two family dwellings.

Definition:

Buffer screen: Superseded by article III, Definitions. A permanent fence, wall, or evergreen planting screen which will interrupt vision between adjacent properties. A buffer screen shall be at least six feet high except that initially an evergreen planting screen may be less than six feet if plants are provided which will ultimately attain a height of six feet or more. (Note: If grouped in proximity, such plants as Pinus Strobus (White Pine); Prunus Caroliniana (Cherry Laurel); ligustrum Licidum (Ligustrum); Elaeagnus Pungens (Elaeagnus); and Ilex Crenta Burfordi (Burfordi Holly) will grow to form a hardy screen thick enough and high enough to interrupt vision and to effectively reduce the transmission of sound.)

The regulations set forth in this article, or set forth elsewhere in this resolution when referred to in this article, are the regulations in the A-O District Regulations (See article XIX).

(a)

Intent: These regulations are designed to apply to land so located that it is readily adaptable to commercial development but where proximity to residential, public, or other land uses, and its relationship to existing and projected traffic patterns, make it desirable to limit the extent of commercial and residential operations.

A building or premises shall be used only for the following purposes:

1.

Any use permitted in the A-1 Apartment Dwelling District but not including single family dwelling, two family dwelling, agriculture, horticulture and general farming as provided in article VII, section 2, paragraph 7, and fraternities or sororities containing sleeping accommodations.

2.

Apothecary shop as an accessory retail use within a building without exterior advertising display, provided that only drugs, prescription medicines, medicinal supplies and pharmaceutical products shall be sold.

3.

Assembly halls, gymnasiums, stadiums, and similar structures operated on a nonprofit basis.

4.

Automobile parking garages and lots (commercial) provided that portions of open parking lots abutting dwelling districts are separated therefrom by a planted area 25 feet or more in width measured from the property line.

5.

Churches and temples.

6.

Clinics, medical, dental, chiropractic, osteopathic and similar operations, but not including a practice of veterinary medicine.

7.

Colleges, universities, business colleges, music conservatories, dancing schools and similar institutions, public or private, all without students in residence.

8.

Community center buildings, and other similar facilities operated on a nonprofit basis.

9.

Financial establishments, such as banks, loan companies, insurance companies.

10.

Government buildings: buildings used exclusively by the federal, state, county, or city governments for public purposes but not including repair garages, repair or storage yards for material, vehicles or equipment, warehouses, buildings and other facilities having commercial or industrial characteristics, and buildings used or intended to be used as correctional or penal institutions.

11.

Incidental accessory retail uses such as cafeterias, gift shoos, flower shops, snack bars, barber shop, beauty shop, tailor shoo, radio-TV shop, and repair shoe shop, conducted for the convenience of the employees, patients, patrons, or visitors on the premises wholly within the principal buildings and without exterior advertising display.

12.

Libraries, museums, and art galleries.

13.

Office buildings: governmental and private office buildings, including professional offices in which no retail trade activity is carried on with the general public and no stock of goods is maintained for sale to the general public, except as permitted in an accessory use.

14.

Signs:

(a)

Professional or announcement sign, illuminated indirectly, not more than 20 square feet in area mounted flat to the wall on the main building freestanding but situated no nearer to the street line than one-half the distance between the street line and the building line on the main building on the lot;

(b)

A temporary, unilluminated real estate sign not over 12 square feet in area pertaining only to the sale, lease, or rent of the property upon which the sign is located, provided the sign shall be mounted or displayed behind the building set-back line of the lot;

(c)

A church or institutional bulletin board or sign, not more than 12 square feet in area, illuminated indirectly, used to display the name and/or activities of the church or institution, situated no nearer to the street line than one-half the distance between the street line and the building line of the main building on the lot;

(d)

Lettering, illuminated indirectly, attached to or built into the front wall of the main building or assembly halls, churches, colleges and universities, community centers, government buildings, hospitals, libraries, museums, office buildings and schools, for the purpose of displaying the name and/or address of the facility upon which such lettering is affixed.

15.

Accessory building and uses customarily incident to the above listed uses. Any building used primarily for any of the above enumerated uses may have not more than 25 percent of the floor area devoted to storage purposes incidental to such primary use.

1.

Location of parking and loading areas on the lot:

(a)

The required off-street parking and loading area shall be provided in the rear yard or within that portion of the side yard which lies between the main building and the side lot line.

(b)

No off-street parking space shall be provided within 25 feet of any lot which abuts a dwelling district.

2.

Provision of required parking area on remote lots: The required parking area may be located on the lot with the principal use or on a lot separated therefrom by not more than 300 feet along a directly accessible walkway.

3.

Joint use of off-street parking areas: One-half of the off-street parking area required for any permitted use in this district, not including multiple dwellings, may be counted toward the parking requirements or the following uses, provided the uses sharing such parking areas are not normally open, used or operated during the principal operation hours of these uses:

(a)

Auditorium.

(b)

Assembly halls.

(c)

Churches.

(d)

Gymnasiums.

4.

Minimum requirements for off-street parking and loading:

(a)

Rooming house, boardinghouse, and professional office in place of abode; same as those in A-1 Apartment Dwelling District.

(b)

Multiple dwelling; 1½ spaces for every dwelling unit.

(c)

Hospitals or institutions: one space for every four beds, plus one space for each staff or visiting doctor (based on the average number), plus one space for every two employees, including nurses.

(d)

Clinics and offices of doctors, dentists, osteopaths and similar offices; five spaces for ever doctor plus one for every two employees.

(e)

Auditoriums, assembly halls, churches, gymnasiums, stadiums, libraries, museums, art galleries, private club or lodge, one space for each four fixed seats in the largest assemble room or facility or for each 35 square feet of enclosed floor area used for accommodation of movable seats in the largest assembly room, whichever is greater, plus one space for each 100 square feet of ground area used for assembly.

(f)

Government buildings, financial establishments, and office buildings other than clinics and offices for doctors, dentists, etc., one space for every 200 square feet of floor area (excluding storage area) plus one space for every two persons employed in an accessory use.

(g)

Schools.

(1)

Public or private elementary, and special schools without students in residence; two spaces for every classroom.

(2)

Public or private high; four spaces for every classroom.

(3)

Public or private colleges, music conservatories, dancing schools, universities, business colleges, one space for ever 200 square feet of floor area.

(4)

School auditorium assembly halls, stadiums, gymnasiums, same as subsection (e) above.

(h)

Accessory retail uses; one space for every two employees

(i)

One loading space on the lot shall be provided for each 15,000 square feet of area, or fraction thereof in excess or 5,000 square feet, devoted to uses requiring the receipt of distribution of material or merchandise by auto vehicle.

(j)

No lot shall have more than two curb breaks per 100 feet of frontage. No curb break shall exceed 30 feet in width. Curb breaks shall be not less than 25 feet from the intersection of two or more curb lines, as measured along one of the said curb lines.

1.

Buildings intended for multiple dwelling use shall not exceed three stories or 45 feet.

2.

Buildings intended for nondwelling use shall not exceed four stories or 60 feet in height except as or may be provided in this resolution. This limitation may be exceeded by special permit as provided in article XIX in specific building and site plans are reviewed and approved by the commissioners of roads and revenues subsequent to public hearing and recommendation of the Atlanta-Fulton County Joint Planning Board. Such approval shall follow investigation and finding that the proposed building:

(a)

Will provide adequate open space and off-street parking facilities, and

(b)

Will not adversely affect the privacy of adjoining uses and that screened buffer areas will provide separation from any adjoining single family residences.

1.

Multiple dwellings shall conform to the following requirements:

(a)

Front yard: The front yard regulations shall be the same as those in the A-1 Apartment Dwelling District.

(b)

Side yard: The side yard regulations shall be the same as those in the A-1 Apartment Dwelling District.

(c)

Rear yard: The rear yard regulations shall be the same as those in the A-1 Apartment Dwelling District.

(d)

Lot area per family: The lot area per family shall be the same as those in the A-1 Apartment Dwelling District.

(e)

Lot coverage: Maximum coverage of the lot by buildings including accessory buildings) shall be 35 percent of the gross lot area.

2.

Nondwelling uses shall conform to the following requirements:

(a)

Front yard: The front yard regulations shall be the same as those in the A-1 Apartment Dwelling District.

(b)

Side yard: The side yard regulations shall be the same as those in the A-1 Apartment Dwelling District.

(c)

Rear yard: The rear yard regulations shall be the same as those in the A-1 Apartment Dwelling District.

(d)

Lot area per family: Lot area per family shall be the same as those in the C-1 Commercial District.

(e)

Lot coverage: Maximum coverage of the lot by buildings (including accessory buildings) shall be 40 percent of the gross lot.

The residential floor area regulations for multiple dwellings shall be the same as those in the A-1 Apartment Dwelling District.

A.

This district encompasses lands devoted to residential uses having both single and multifamily characteristics. The intent of this district is to provide standards for low density dwellings which will:

1.

Encourage the provisions of usable open and recreation areas and desirable living environment;

2.

Be located primarily in areas near or adjacent to single family use areas;

3.

Be located so as to provide transition between single family use areas and higher density dwelling areas and/or commercial areas;

4.

Be located near such services as retail shopping and major thoroughfares and collector streets; and

5.

Encourage home ownership.

B.

The regulations set forth in this article, or set forth elsewhere in this resolution when referred to in this article, are the regulations of the TR Townhouse Residential District (see articles XIX, XX and XXI).

C.

An application for rezoning to TR Townhouse Residential District shall be supported by a site plan for the proposed development. (Amended 6/6/73 — Z-73-75 FC)

D.

Approval of plans for drainage, sewerage, driveways, and parking areas by the department of planning and community development shall be required prior to the issuance of building permits.

E.

Construction shall conform to the overall site plan and detailed engineering plans as approved by planning and community development.

A building or premises shall be used only for the following purposes.

1.

Single family dwelling.

2.

Two family dwelling.

3.

Townhouses: As defined in article III, section 1, 56(b).

4.

Accessory uses or buildings customarily incidental to any of the above uses as follows:

(a)

Single family and two family dwellings: Accessory uses and buildings that are not a part of the main structure shall be located in the rear yard or in the side yard, and shall not be less than ten feet from any side or rear lot line.

(b)

Townhouses:

(1)

All accessory buildings shall be located not nearer to any perimeter lot line than the distance prescribed for side and rear yards.

(2)

Deleted — 37, 2/3/88.

(3)

Unenclosed recreational facilities, except swimming pools, may be placed within any required side or rear yard, provided that any such use shall not be permitted nearer to any perimeter lot line than 30 feet.

(4)

Swimming pools: Provided that no swimming pool may be placed nearer than 30 feet to any rear or side lot line, nor nearer than 50 feet to any public street line. Provided further that when located adjacent to a single family residential district, such pools shall not be located within 150 feet thereof, except in cases when located so as to be screened from single family dwelling district by a townhouse dwelling, or an accessory structure greater in length by a minimum of 20 feet on each side of such pool(s), the distance of 150 feet shall not be required. A fence of minimum height of five feet shall be provided around the perimeter of all swimming pools.

(5)

Stacked flats, (Deleted) with approval of special use permit, pursuant to article XIX, Additional Use Regulations (Z83-33 FC, April 6, 1983).

1.

Location of parking and driveways:

(a)

No off-street parking shall be permitted in any front yard. On a corner property, no off-street parking shall be permitted within the side yard between the buildings and the adjacent street frontage.

(b)

No off-street parking or driveways shall be located within ten feet of any perimeter lot line.

(c)

Driveways serving more than two parking spaces shall provide an adequate turn-around space.

2.

Parking space requirements:

(a)

Single family and two family dwellings: Two off-street parking spaces for each dwelling unit.

(b)

Townhouse dwellings: Two off-street parking spaces for each dwelling unit, plus one visitor parking space for every four units or fraction thereof. Each visitor parking space shall be located in the proximity of the units it serves.

1.

For single family, two family and townhouse dwellings: No building or structure shall exceed 35 feet in height.

2.

For townhouse residential development:

(a)

Deleted 6/6/73 — Z-73-75 FC

(b)

No more than 20 townhouse dwelling units shall be permitted to form a single building.

(c)

No more than three contiguous townhouse dwellings which form a part of a single building shall have the same front setback or roof line. Said setback and roof line shall be varied by a minimum of two feet.

(d)

Sidewalks shall be provided for each townhouse pedestrian access throughout the entire development.

(e)

Driveways serving more than six units shall be paved to a minimum width of 30 feet.

1.

For single family and two family dwellings:

(a)

Front yard: There shall be a front yard having a depth of not less than 40 feet.

(b)

Side yard: There shall be two side yards, one on each side of the building of not less than ten feet. where a lot is located at the intersection of two or more streets, the width of the yard along the side street shall not be less than 20 feet. No accessory building or portion thereof shall be located within the required yard area along any street.

(c)

Rear yard: There shall be a rear yard having a depth of 25 feet.

(d)

Lot area per family: Every dwelling shall be located on a lot having a frontage of 90 feet at the building setback line and containing the following areas:

1.

Eleven thousand square feet for a single family dwelling (90′ × 122′).

2.

Fifty-five hundred square feet per family for a two family dwelling (99′ × 112′).

2.

For townhouse residential developments:

(a)

Density: A Townhouse Residential Development shall not exceed nine dwellings units per gross acre (4,480 square feet per family unit).

(b)

Size of development site: The minimum size of the site to be developed for townhouse residential use shall be two acres, with 100 feet of frontage. (Z-80-38 FC — App. 4-2-80).

(c)

Yard requirements:

1.

Front yard: There shall be a front yard of not less than 40 feet.

2.

Side yard: There shall be two side yards of not less than 30 feet on each side provided, however, where a side yard abuts a single family dwelling district, the side yard shall not be less than 40 feet.

3.

Corner setback: Where a lot, tract, or parcel of land is located at the intersection of two streets, the width of the yard along the side street side shall not be less than 40 feet provided, however, that when such property lies adjacent to a single family dwelling district, the yard requirement along the side street shall be the same as prescribed or established for the front yard of the adjacent single family dwelling district. In no case shall such yard be less than 40 feet.

4.

Rear yard: There shall be a rear yard along the rear lot line of not less than 35 feet provided, however, when a rear yard abuts a single family dwelling district and is used for townhouse dwellings, the rear yard

(d)

Buffers: In addition to the above setback requirements, a buffer zone may be required along any perimeter lot line, or portion thereof, in order to provide privacy and separation between adjoining properties. Property with such buffer areas may be included within the lot area for density and lot coverage purposes.

1.

Each single family dwelling shall have a minimum ground floor area of 1,200 square feet if less than two stories.

2.

Each single family dwelling of two stories in height shall have a minimum ground floor area of 900 square feet, and a total minimum floor area of 1,320 square feet.

3.

Each two family dwelling shall have a minimum floor area of 900 square feet and a minimum ground floor area of 900 square feet if two stories in height.

4.

Each townhouse dwelling unit shall have a minimum floor area of not less than 1,100 square feet.

(a)

Each townhouse unit shall have a minimum width of 20 feet.

(b)

Private, usable open space, such as balconies, sundecks, patios, etc. shall be provided contiguous to each dwelling unit. The area of such open space provided for each unit shall not be less than ten percent of the floor area of the unit served. The location and number of square feet shall be clearly indicated on the site plan.

All exterior garbage, incinerators, or other outside storage areas shall be screened by a solid enclosure of not less than four feet in height.

1.

Open space requirements for Townhouse Residential buildings shall be as follows:

(a)

The minimum distances between buildings, when so arranged shall be as follows:

(b)

Where unusual and uncommon conditions of topography or configuration of the property exist, the planning board may permit a departure from the above prescribed distances between buildings, provided such departure shall not diminish the required distances by more than 50 percent.

2.

Common open space and facilities: Deleted 6/6/73 — Z-73-75 FC