Atlanta › Land Development Code — Part III
Part 16, Chapter 18G — SPI-7 Candler Park District
§ 16-18G.001
Scope of provisions.
Sec. 16-18G.001. Scope of provisions.
The regulations set forth in this chapter, or set forth elsewhere in this part when referred to in this chapter, are the regulations in the SPI-7 Candler Park District. These regulations shall supplant districts or portions of districts as shown on the attached map. (Ord. No. 1999-63, § 1, 12-15-98)
§ 16-18G.002
Statement of intent.
Sec. 16-18G.002. Statement of intent.
The intent of the council in establishing the Candler Park Special Public Interest District is as follows:
(1)To physically and architecturally reintegrate the Candler Park neighborhood by developing public park space and new low density housing in areas that were cleared as a result of public action for the construction of a freeway plan subsequently abandoned;
(2)To provide for the development of new housing fronting the public park and to provide for open space so as to protect the views to and from the public park and open space.
(3)To assure that the development and management of this neighborhood public park and open space provides a passive, neighborhood park space, including neighborhood facilities but not including any regional facilities such as an amphitheater, in a manner consistent with the Freedom Park Concept Plan.
(4)To provide for the development of singlefamily and low-density housing on lots so specified in this chapter in order to implement the goals and objectives of the City of Atlanta Comprehensive Development Plan and the Freedom Park Concept Plan;
(5)To provide through the administration of specific standards and criteria that new housing achieve architectural, site design and street design consistency with the identified significant characteristics of the Candler Park Historic District which is listed in the U.S. Department of Interior National Register of Historic Places.
(6)To assure that in the process of knitting the neighborhood together through the construction of new housing and park space that the cumulative diversity which typifies the neighborhood is maintained through the prohibition of the repetition of any single house design within the same block face and other reasonable design regulations that are intended to preserve and enhance the architectural and historic significance of the district;
(7)To encourage owner occupancy of new housing in single-family structures while permitting low-density multi-family housing in designated locations adjacent to Moreland Avenue;
(8)To develop a transition from Freedom Parkway, the Carter Library and Policy Center, Druid Hills Historic District and the Candler Park Historic District, in a way that encourages visual continuities, urban design linkages, a coordinated park system, transportation corridors, existing historic neighborhood street patterns and an integrated pedestrian and bicyclist network of paths:
(9)To prohibit future use of the parkland for any expressway or motorized vehicular purpose;
(10)To provide distinct entrances into the Candler Park Historic District.
(Ord. No. 1999-63, § 1, 12-15-98)
§ 16-18G.003
Boundaries of district and subareas established.
Sec. 16-18G.003. Boundaries of district and subareas established.
The boundaries of the Candler Park Special Public Interest District are shown on Map attachment "A" which by this reference is incorporated herein and is made a part of this chapter. The Candler Park Special Public Interest District is divided into three subareas as shown on said Map Attachment "A", as follows:
(1)Subarea 1: Public open space or park consisting of property south of North Avenue between Moreland Avenue and Candler Park Drive.
(2)Subarea 2: This subarea is comprised of three separate areas, defined as those properties which have a front yard on the following streets:
a.The west side of Page Avenue, the south side of Clifton Terrace, and the east side of Terrace Avenue;
b.The south side of Druid Place;
c.The north side of North Avenue.
(3)Subarea 3: Property located to the east of Moreland Avenue, between Druid Place and Mansfield Avenue.
(Ord. No. 1999-63, § 1, 12-15-98)
§ 16-18G.004
General regulations.
Sec. 16-18G.004. General regulations.
The following regulations shall apply to all properties located within the Candler Park Special Public Interest District, including all subareas of said district:
(1)The provisions set forth in sections 16-18.005, 16-18.006 and 16-18.007 relating to requirements for special administrative permits shall not apply to the SPI-7 Candler Park District.
(2)Any proposed amendment to this chapter shall be processed, considered and decided pursuant to the procedures and criteria contained in chapter 27 of this part. Prior to action by the zoning review board on any amendment affecting this district, said amendment shall first referred by the director of the bureau of planning to the Atlanta Urban Design Commission so as to provide an opportunity for review and written comment on said proposed amendment.
(3)Subdivision, consistent with the Freedom Park Concept Plan and applicable state law, is required pursuant to Part 15 of the Code of Ordinances. Not withstanding the requirements of section 15-07.002 of part 15, the director of the bureau of planning shall be authorized to initiate the subdivision of this district in accordance with applicable state law and the Freedom Park concept plan. For the purpose of subdivision approval as to the number, size, width, shave and siting, of lots in single-family districts, substantial compliance with historic lot patterns shall constitute compliance with Part 16 of the Code of Ordinances.
(Ord. No. 1999-63, § 1, 12-15-98)
§ 16-18G.005
Subarea 1: Parkland, specific regulations.
Sec. 16-18G.005. Subarea 1: Parkland, specific regulations.
The following specific regulations shall apply to Subarea 1:
(1)Subarea 1, in its entirety, shall consist of a public park.
(2)The Freedom Park Concept Plan, shown on Map Attachment "B," consisting of goals and objectives, text, and a conceptual site plan, is hereby made a part of these regulations for the purpose of determining the conformance and appropriateness of any development. The final design, construction, and management of Subarea 1 shall be consistent with said Freedom Park Concept Plan. All proposed development or redevelopment shall require the approval of the AUDC, certifying consistency with said Freedom Park Concept Plan and compliance with all other requirements of this section.
(3)There shall be no buildings in the park.
(4)No motorized vehicular use shall be permitted in the park. There shall be no facilities of any kind for motorized vehicles in the park, except that motorized wheelchairs or other similar, small motorized vehicles designed for use by handicapped persons, when so used, shall be permitted in the park.
(5)Passive use shall be encouraged, with no formal recreation, entertainment, or assembly facilities.
(Ord. No. 1999-63, § 1, 12-15-98)
§ 16-18G.006
Residential Subareas 2 and 3: Specific regulations.
Sec. 16-18G.006. Residential Subareas 2 and 3: Specific regulations.
Subareas 2 and 3 together are identified as the residential subareas. In addition to the general regulations and provisions of this chapter, the following specific regulations shall apply to the residential subareas:
(1)The specific regulations for the residential subareas shall consist of section 16-18G.006 through section 16-18G.0013.
(2)No building permit shall be issued by the bureau of buildings within the SPI-7 Candler Park District without the prior approval and issuance of a certificate of compliance from the Atlanta Urban Design Commission (AUDC). The purpose of this requirement is to assist the bureau of buildings with review of proposed permits for consistency with the requirements of sections 16-18G.006 through 16-18G.013 of this chapter. In addition to all materials otherwise required by the bureau of buildings, applications for building permits in these subareas shall include: a site plan at a minimum scale of one inch, equals 20 feet; typical building sections and exterior elevations at a minimum scale of one-fourth inch equals one foot; and outline specifications for all exterior building and landscaping materials. Larger scale drawings at appropriate scale shall be required of significant details when necessary for adequate review. Following transmittal of a complete application from the bureau of buildings to the AUDC, the AUDC shall review said application for consistency with the criteria and standards set forth in sections 16-18G.006 through 16-18G.013. The burden is on the applicant to demonstrate said consistency. If the application is consistent with said criteria and standards, it shall be approved and the AUDC shall issue a certificate of compliance certifying said compliance. The AUDC shall have the authority to impose conditions on said certificates as appropriate. If the application is not consistent with said criteria and standards, it shall be denied. Immediately following said action, the AUDC shall transmit the application together with its denial or approval to the bureau of buildings. The bureau of buildings shall then review the application for compliance with all remaining applicable provisions of this chapter and other applicable ordinances. No building permit shall be issued for any application that has not received the required certificate of compliance. Appeals from the final decision of the director may be taken pursuant to the provisions of section 16-30.010 to the board of zoning adjustment.
(3)All regulations as stated herein shall be minimum standards, which shall be followed and shall be applied. AUDC shall notify NPU-N of any variance application, and shall allow NPU-N a maximum of 45 days from the mailing date of such application to NPU-N, so that NPU-N may provide AUDC with written comments on such application.
(4)The Atlanta Urban Design Commission shall have the sole power to hear, grant, and deny variances from the provisions of this chapter 18G when, due to special conditions, a literal enforcement of its provisions in a particular case will result in an unnecessary hardship. The procedures, standards, criteria, and appeal provisions for decisions regarding such variances shall be the same as those specified in Chapter 26 of Part 16 of the Code of Ordinances, which provisions are hereby incorporated herein.
(5)The City of Atlanta Tree Ordinance shall apply.
(Ord. No. 1999-63, § 1, 12-15-98)
§ 16-18G.007
Residential Subareas 2 and 3: Permitted principal uses and structures.
Sec. 16-18G.007. Residential Subareas 2 and 3: Permitted principal uses and structures.
(1)Subarea 2: A building or premises shall be used only for a single-family detached dwelling or an urban garden. In no case shall there be more than one main building and one main use on a lot.
(2)Subarea 3: A building or premises shall be used for two-family, multi-family attached dwellings, supportive housing, or an urban garden.
(3)The use of a building or premises as a party house is expressly prohibited.
(4)Short-term rentals, subject to the regulations in Atlanta City Code section 20-1001. (Ord. No. 1999-63, § 1, 12-15-98; Ord. No. 2009-24(08-O-1251), § 2O, 6-9-09; Ord. No. 201422(14-O-1092), § 2-X-i, 6-11-14; Ord. No. 202058(19-O-1393), § 32, 10-28-20; Ord. No. 202160(21-O-0682), § 31, 12-15-21)
§ 16-18G.008
Residential Subareas 2 and 3: Permitted accessory uses and structures.
Sec. 16-18G.008. Residential Subareas 2 and 3: Permitted accessory uses and structures.
Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures are permitted. These include but are not limited to the following, subject to limitations and requirements set forth herein or elsewhere in this part:
(1)Greenhouses, garden sheds, private garages, and similar structures.
(2)When a private garage is part of a principal structure, the vehicular entry door shall not be located on the front façade of the main building, and all vehicular access to the garage shall be from the rear or side of the principal structure. Garages, when detached from the main residential structure, shall be located to the rear of the main structure within the buildable area of the lot and, on comer lots, shall be subject to side yard setbacks.
(3)Swimming pools, tennis courts, and similar private recreational facilities and areas, subject to the following limitations: Such active recreation facilities in any yard, required or other, adjacent to a street shall require a special exception from the AUDC, which shall be issued only upon finding that:
a.The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of noise, lights, or concentrations of persons or vehicular traffic; and
b.The area for such activity could not reasonably be located elsewhere on the lot. The AUDC may condition the special exception based on concerns regarding fencing, screening or other buffering, existence and/or location of lighting, hours of use, and such other matters as are reasonably required to ameliorate any negative effects of the proposed facility on the neighborhood.
(4)Home occupations, subject to limitations set forth in section 16-29.001(17).
(5)Structures necessary for active on-site construction projects.
(6)Devices for the generation of energy, such as solar panels, wind generators, and similar devices, when not located in or to the front of the main building and electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE when not located in or to the front of the main building.
(7)The following regulations shall apply to all permitted accessory uses and structures:
a.Except in the case of home occupation and market gardens, no accessory use shall be of a commercial nature.
b.No accessory building shall be constructed until construction of the principal building has actually begun, and no accessory building shall be used or occupied until the principal building is completed and is in use.
c.Accessory buildings shall not cover more than 25 per cent of the rear yard.
d.Accessory structures shall be placed to the rear of the main structure within the buildable area of the lot.
e.Accessory buildings shall not exceed 25 feet in height or the height of the main structure, whichever is less, and shall not contain a total floor area greater than 30 percent of the main structure.
(8)Market gardens are limited to parcels which are used as churches, synagogues, temples, mosques and other religious worship facilities or schools.
(Ord. No. 1999-63, § 1, 12-15-98; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2014-22(14-O-1092), §§ 2-X-ii, 2-X-iii, 6-11-14)
§ 16-18G.009
Residential Subareas 2 and 3: Minimum yard requirements; maximum floor area ratio.
Sec. 16-18G.009. Residential Subareas 2 and 3: Minimum yard requirements; maximum floor area ratio.
The following yard requirements shall apply to all permitted uses. Distances shall be construed as minimum requirements except where otherwise specifically indicated:
(1)Front yards:
a.Subarea 2A: Page Avenue: 50 feet minimum, 55 maximum; Clifton Terrace and Terrace Avenue 45 feet minimum, 50 feet maximum.
b.Subarea 2B: 40 feet minimum, 45 feet maximum.
c.Subarea 2C: 42 feet minimum, 47 feet maximum.
d.Subarea 3: 20 feet. The front yard shall be the yard adjacent to Moreland Avenue.
(2)Side yards:
a.Subarea 2: 7 feet.
b.Subarea 3: 7 feet, with the exception of the side yards adjacent to Druid Place and Mansfield Avenue which shall be a minimum width of ten feet.
(3)Rear yards: 7 feet. In Subarea 3 the rear yard shall be considered to be the yard adjacent to the adjoining single-family district.
(4)Accessory structures: Accessory structures, other than fences, when permitted, shall be placed to the side or rear of the main structure within the buildable area of the lot so as not to project beyond the front of the main structure.
(5)Maximum floor area ratio: The residential, or dwelling, floor area ratio shall not exceed 0.50.
(6)Minimum lot size:
a.Subarea 2: Every lot shall have a minimum area of 7,500 square feet and a minimum frontage of 50 feet.
CHAPTER 18H. SPI-8 HOME PARK DISTRICT REGULATIONS