Atlanta › Land Development Code — Part III

Part 16, Chapter 2 — Official Zoning Map and Application of Regulations

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§ 16-02.001

Official zoning map.

Sec. 16-02.001. Official zoning map.

The city is hereby divided into zoning districts, as provided herein and as shown on the official zoning map, which together with all explanatory matter thereon is hereby declared to be part of this part. Said map is composed of a series of sheets in the official zoning map, properly identified as such, and shall be the official record of zoning status of areas within the city.

The official map also includes the following maps: Special public-interest district maps, historic and cultural conservation district maps, parking limitation district maps, pedestrian/open space plan map, flood hazard districts maps, Chattahoochee corridor map, MARTA corridor map, and airport maps. (Code 1977, § 16-02.001)

§ 16-02.002

General districts established.

Sec. 16-02.002. General districts established.

In order to classify, regulate and restrict the location of trades and industries, and the location of buildings designed for specific uses; to regulate and limit the bulk of buildings hereafter erected or structurally altered; to regulate and determine the areas of yards, courts and other open spaces within and surrounding such buildings, the city is hereby divided into general districts, of which there shall be 19 in number, known as follows:

R-1 Single-Family Residential District R-2 Single-Family Residential District R-3 Single-Family Residential District R-4 Single-Family Residential District R-5 Two-Family Residential District R-G Residential General District R-LC Residential-Limited Commercial District O-I Office Institutional District C-1 Community Business District C-2 Commercial Service District C-3 Commercial Residential District C-4 Central Area Commercial-Residential District C-5 Central Business Support District I-1 Light Industrial District I-2 Heavy Industrial District SPI-1 Central Core District SPI-2 North Avenue District SPI-3 Midtown District SPI-4 Arts Center District (Code 1977, § 16-02.002)

§ 16-02.003

Conditional zoning.

Sec. 16-02.003. Conditional zoning.

(1)Each general district established in section 16-02.002 shall have a subclassification thereunder known as "conditional" for that classification.

(2)All zoning districts as shown on the official zoning map with a suffix "C" after the district designation (i.e. C-1-C) denote that the parcel is zoned "conditional" under previous ordinance amendments by the council. Such conditions shall remain in effect, and copies of such conditional ordinances may be obtained from the clerk of council.

(3)Except as specifically modified by this section, an application for conditional zoning shall be treated as an amendment and shall be subject to the requirements and procedures of chapter 27.

(4)Applicant may apply for conditional zoning and shall so state on the application. The conditional zoning application may be based on written conditions contained within the application and the subsequent zoning amendment, or it may be based on a site plan. All applications for conditional zoning shall be accompanied by survey of the property drawn to scale showing the tract boundaries which shall have been prepared by a registered land surveyor or registered professional engineer. Further each conditional zoning application shall specify the use or uses proposed for each structure to be located on the site. All applications for conditional zoning which are supported by a site plan shall in addition to the requirements cited above also contain plans showing the following:

(a)Location and size of proposed structures including number of stories and total floor area.

(b)Location and size of parking areas, including loading spaces with proposed ingress/ egress, and

(c)The specific types and dimensions of any walls, fences, planted buffers or visual screens.

(5)Plans shall be prepared by or under the supervision of a registered architect, landscape architect, or planner holding the designation of member of the American Institute of Certified Planners, competent in the preparation of detailed and accurate plans. Said plans shall be drawn to scale and shall contain the signature, seal and/or state registration number of the professional by whom or under whose supervision said plan was prepared. Said plans shall contain the following certification: "I hereby certify that I am familiar with the Zoning Ordinance of the City of Atlanta, as amended. I further certify that to the best of my knowledge and ability, these plans are accurate and comply with the district and general regulations of the Zoning Ordinance of the City of Atlanta." Plans in support of an application for conditional zoning shall be submitted in triplicate.

(6)The zoning review board, after the required public hearing, may recommend approval of the conditional application as submitted, may recommend denial of the application, or may recommend a change in the conditions, as deemed appropriate.

(7)After approval of the conditional zoning ordinance by the mayor and council, a request for a building permit shall be submitted to the director, bureau of buildings, who shall make the determination that the final building and site plans are in conformance with the approved site plan and with any conditions attached by the council. An approved site plan shall not be deemed to authorize the violation of any of the terms or requirements of this zoning ordinance. Minor changes in the approved site plan may be authorized by the director, bureau of planning. For the purposes of this chapter, a minor change in the approved site plan means a change to a site plan that was approved by the city council as a condition of a zoning ordinance, provided that the change in layout does not result in the visible intrusion of any building, structure, driveway, walkway, parking lot, plaza, wall, or similar built element into any open space, yard, landscaped buffer, undeveloped space, or any similar space, when any such space is shown on the site plan as being next to and visible from a property line or street. The term "minor change" does not include any increase in the height in feet of any building or structure, any increase in the number of parking spaces, any increase in total square footage of any heated and/or livable space of any buildings and/or structures, or the addition of any buildings or structures, driveways, roads, or parking lots into any open space, yard, landscaped buffer, undeveloped space, or any similar space when any such space is shown on the approved site plan as lying next to and visible from a property line or street.

(8)If for any reason, development and use of property approved in accordance with the procedure outlined above cannot be accomplished, the plans shall not be altered, changed or varied, except after approval by the council. Applications for amendments to any site plan shall be filed in triplicate with the bureau of planning. (Code 1977, § 16-02.003; Ord. No. 1999-32, § 1, 3-5-99)

§ 16-02.004

Special public interest district maps; historic and cultural conservation district maps; parking limitation district maps, and pedestrian space plan map.

Sec. 16-02.004. Special public interest district maps; historic and cultural conservation district maps; parking limitation district maps, and pedestrian space plan map.

(1)Where Special Public Interest (SPI) or Historic and Cultural Conservation (HC) districts have the effect of modifying requirements, regulations and procedures applying in existing districts or districts hereafter created and remaining after SPI or HC districts are superimposed, such districts may either be indicated by overlay designation on the official zoning map or by SPI or HC districts; the district boundaries and designation shall be shown on the official zoning map. The parking limitation district maps and the pedestrian plan maps relate to the SPI districts.

(2)Flood Hazard District Map, Chattahoochee Corridor Map, and MARTA Corridor Map. Within areas on the flood hazard district map indicated as subject to flood hazards, in addition to the regulations and procedures applying generally, certain special limitations, requirements and procedures shall apply as hereinafter set forth [see chapter 21]. The flood hazard districts may be shown either by overlay designation or on the official zoning map. For regulations and procedures applying to Chattahoochee Corridor and MARTA Corridor, see chapter 23.

(3)Airport Maps. Within any airport district designated on the official zoning map, in addition to all zoning regulations, special regulations shall apply. See chapter 22. The airport maps are composed of airport district map, DeKalb-Peachtree Airport map, Fulton County Airport map, Hartsfield-Jackson International Airport map, and standards and specifications for airports.

(4)Inset Maps. Where the scale of the general official zoning map is inadequate for presentation of details in particular areas, such areas may be cross-referenced on the official zoning map to separate inset maps at an appropriate scale. (Code 1977, § 16-02.004; Ord. No. 2004-51, §§ 1, 2, 8-20-04)

§ 16-02.005

Authentication; location for public inspection.

Sec. 16-02.005. Authentication; location for public inspection.

The official zoning map, properly attested, shall be available for public inspection in the office of the Bureau of Planning, and shall be the final authority as to zoning status of lands. Proper attestation shall mean the verification of amendments of the official zoning map made through legislation in the manner required by state law and the procedures and requirements of these regulations. No zoning designation listed on the official zoning map which is not supported by legislative action adopted in the manner required by state law and the procedures and requirements of these regulations shall be considered to have been properly attested. (Code 1977, § 16-02.005; Ord. No. 2009-15(09-O0211), § 1, 5-12-09)

§ 16-02.006

Recording amendments to official zoning map.

Sec. 16-02.006. Recording amendments to official zoning map.

On the effective date of a properly attested amendment of the official zoning map, the change shall be posted in an appropriate manner and records accompanying the map shall identify the official action by which such amendment was made, the date of such action, and the date of posting. No such amendment shall become effective until such change and entry has been made. (Code 1977, § 16-02.006; Ord. No. 2009-15(09-O0211), § 2, 5-12-09)

§ 16-02.007

Unauthorized changes in official zoning map.

Sec. 16-02.007. Unauthorized changes in official zoning map.

No change of any nature shall be made in the official zoning map except in conformity with the procedures and requirements of these regulations. (Code 1977, § 16-02.007)

§ 16-02.008

Replacement of official zoning map.

Sec. 16-02.008. Replacement of official zoning map.

If the official zoning map becomes damaged, lost or difficult to interpret by reason of the nature or number of changes, the council may by ordinance authorize a new official zoning map which shall supersede the prior map; provided, however, that if there is uncertainty about the zoning status of any area because of the condition of the map or any part thereof, such action shall take the form of an amendment to the zoning ordinance, and shall resolve the uncertainty.

The new official zoning map may correct drafting or other omissions or errors in the prior map, but no such correction shall have the effect of amendment as to zoning status unless the action adopting such map is an amending action. The new official zoning map shall be authenticated and attested as for the original, with wording indicating when and by what instrument the prior document was adopted.

Unless the prior official zoning map has been lost or wholly destroyed, said documents or any remaining significant parts thereof shall be preserved, together with any significant records pertaining to its adoption or amendment, as a guide to prior zoning status of areas. (Code 1977, § 16-02.008)

§ 16-02.009

Rules for interpretation of boundaries.

Sec. 16-02.009. Rules for interpretation of boundaries.

Where uncertainties exist as to the boundaries shown on the official zoning map, the following rules shall guide interpretations by the administrative official charged with administration and enforcement of these regulations. (Code 1977, § 16-02.009)

§ 16-02.010

Center lines as boundaries.

Sec. 16-02.010. Center lines as boundaries.

Where boundaries appear to follow center lines of streets, alleys, easements, railroads, waterways and the like, they shall be construed as following such center lines. (Code 1977, § 16-02.010)

§ 16-02.011

Property and other lines as boundaries.

Sec. 16-02.011. Property and other lines as boundaries.

Where boundaries appear to follow street, lot, block, property, or other lines, they shall be construed as following such lines; provided, however, that in the event of closure of a street or alley, the boundary shall be construed as the center line of the preexisting street or alley unless specific amendment is made otherwise. (Code 1977, § 16-02.011)

§ 16-02.012

Boundaries extending into water.

Sec. 16-02.012. Boundaries extending into water.

Where the full course of boundaries extending into bodies of water is not shown, such boundaries shall be construed as continuing in a straight line to the intersection with another zoning boundary or to jurisdictional limits if no such intersection with another zoning boundary occurs first. (Code 1977, § 16-02.012)

§ 16-02.013

Boundaries other than as above.

Sec. 16-02.013. Boundaries other than as above.

Boundaries which appear parallel or perpendicular to, or as connecting or extensions of, center lines, property lines or other features shown shall be so construed unless there are specific indications to the contrary. (Code 1977, § 16-02.013)

§ 16-02.014

Dimensions.

Sec. 16-02.014. Dimensions.

Where dimensions are not otherwise indicated on the map, the scale of the map shall govern. (Code 1977, § 16-02.014)

§ 16-02.015

Where district designation is not indicated for an area.

Sec. 16-02.015. Where district designation is not indicated for an area.

Where a district designation is not indicated for an area of the official zoning map, it shall be construed to be zoned R-1. Upon discovery of such omission, unless research reveals the correct official zoning status of the land (in which case map corrections and entries relating thereto may be made without legislative action), a corrective amendment shall be initiated by the bureau of planning. (Code 1977, § 16-02.015)

§ 16-02.016

Boundary changes with changes in jurisdictional boundaries.

Sec. 16-02.016. Boundary changes with changes in jurisdictional boundaries.

Where territory is removed from the jurisdictional limits of the city, zoning boundaries shall 14th District, Land Lot 13, along the center of Boulevard Drive to Weatherby Street; thence westerly to a point coinciding with the center line of Mohawk Street; thence northwesterly along the center of Mohawk Street to the Georgia Railroad right-of-way in Land Lot 14; thence southwesterly along said Georgia Railroad rightof-way to a point opposite center line of Gunby Street in Land Lot 20; thence northwesterly along the center line of Gunby Street to the center of Edgewood Avenue; thence westerly along the center of Edgewood Avenue along the line between Land Lots 19 and 20, 45 and 46, 50 and 51, and 77 and 78 to the center of Peachtree Street; thence continuing due west on the line between Land Lots 77 and 78 to the center of Martin Luther King, Jr. Drive; thence continuing due west along the line between Land Lots 85 and 84, 109 and 110, to a point that Martin Luther King, Jr. Drive departs southwesterly from the line between Land Lots 115 and 116; thence continuing westerly, southwesterly and northwesterly along the center of Martin Luther King, Jr. Drive through the remainder of Land Lot 116 and in Land Lots 141, 148, 173, 180, 205, 212, 237, 244 and 243 to a point at the intersection of the line between District 14 and District 14FF in Fulton County; thence continuing northwesterly along the center of Martin Luther King, Jr. Drive in District 14FF in Fulton County in Land Lots 14, 15 and 16 to the westerly city limits boundary.

(3)Numbering to be consecutive and related to quadrant lines; exceptions. All numbering shall be consecutive and related to the above-described quadrant lines; all east and west streets shall be numbered from the north and south base line, regardless of the location to any such street. The same shall apply to all north and south streets. Certain streets and street sections shall be excepted from the plan described above as follows:

(a)Highland Avenue shall be numbered northeasterly and northerly from the Southern Railway bridge and is changed from Highland Avenue to North Highland Avenue.

(b)Marietta Street, west of the crossing of the Western and Atlantic Railroad, shall be changed to West Marietta Street; and the numbering from this point westerly shall be coordinated with the numbering along West Eighth Street.

(c)Chapel Street, between Elliott Street and Haynes Street, shall be designated South Chapel Street.

(d)Morningside Drive, between McLynn Street and Rock Spring Road, shall hereafter be known as North Morningside Drive, and that portion between Piedmont Avenue and Rock Spring Road shall be hereafter known as East Morningside Drive.

(e)Lawton Street, between Peeples Street and Lee Street, shall hereafter be known as Lawton Avenue.

(f)Confederate Avenue, between the Atlanta and West Point Belt Line Railroad and Moreland Avenue, shall be known as East Confederate Avenue.

(g)Westview Drive, between Ashby Street and Chapel Street, shall be numbered as a north and south street.

(h)The Central Public Library, in the block bounded by Fairlie, Forsyth and Williams Streets and Carnegie Way, shall be known as "One Margaret Mitchell Square, Carnegie and Forsyth Streets."

(i)Vernon Road, NW running from Cherokee Road, NW to West Wesley Road, NW and the entirety of Habersham Park, NW.

(j)Atwood Road, NW running from Brentwood Drive, NE to East Wesley Road.

(4)Space allotted to each number; continuity across intersecting streets. All numbering, where practicable, shall be on a basis of 20 feet to each number, and all numbering shall be continuous across intersecting streets except where it is necessary to utilize the numbers which fall in intersecting streets.

(5)Designation of street according to quadrant. All streets and street addresses shall be designated according to the quadrant in which they are located.

(6)Assigned numbers. Where numbers have been assigned by the bureau of buildings and improvements made on the property, it shall thereafter be unlawful for the owner or occupant of any such improved property to use numbers other than the ones assigned by the bureau of buildings.

(a)For development containing private streets or condominiums on public streets, number ranges shall be assigned by the bureau of buildings. Private street names shall be approved by the bureau of planning.

(b)For commercial buildings, number ranges shall be assigned by the bureau of buildings.

(7)Posting of assigned numbers.

a.Property in single-family or twofamily residential use (except c. below). The owner of any improved parcel of land in the city so used shall cause the official assigned street number for such parcel to be posted on the front of the building or in the front yard so as to be clearly visible from the street. Street numbers shall be posted in numerals no less than two and one-half inches in height.

b.Property in multi-family or nonresidential use (except c. below). The owner of any improved parcel of land in the city so used shall cause the official assigned street number for such parcel to be posted on the front of the building or in the required front yard where practical. Street numbers shall be of contrasting colors against their background. Numbers shall be a minimum of eight inches in height. Numbers shall be clearly visible from both directions of travel along the frontage street.

c.Property occupied by or within a designated landmark or historic building, site or district. As determined on a case by case basis by the urban design commission either as part of particular district regulations or by separate resolution of the commission.

(8)Temporary numbers during construction. Every person constructing a building of any kind shall during construction post a temporary street number, as designated by the bureau of buildings. The temporary number shall not be smaller than 5 inches by 12 inches and shall be posted within 10 feet on the front property line. Said temporary street number shall remain on the premises until a permanent street number identification is posted.

(9)Building permit not to be issued until number assigned. The director, bureau of buildings shall not issue any permit for construction of any building until an official street number has been assigned to the proposed structure.

(Code 1977, § 16-02.019; Ord. No. 2001-76, § 1, 10-23-01; Ord. No. 2008-60(08-O-0650), § 1, 7-1408; Ord. No. 2010-74(10-O-1980), § 1, 12-20-10)

CHAPTER 3. R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS