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Part 16, Chapter 18L — SPI-12 Buckhead/Lenox Stations Special Public Interest District . 120.19 Sec. 16-18L.001. Scope of provisions

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§ 16-18L.001

Scope of provisions.

Sec. 16-18L.001. Scope of provisions.

1.The regulations set forth in this chapter, or set forth elsewhere in this part when referred to in this chapter, are the regulations of the SPI-12 Buckhead/Lenox Stations Special Public Interest District. These regulations shall replace all existing districts and portions of existing districts as shown on the zoning map referenced in section 16-18L.003. Except as otherwise specifically provided in sections 16-18L.001(2) and (3):

a.All new development shall conform to the requirements of this chapter;

b.If 60 percent or more of the principal building(s) on a parcel of property is removed or destroyed by any means, subsequent redevelopment of such parcel shall be in full compliance with the requirements of this chapter; and

c.Any other redevelopment which would be governed by one or more of the regulatory elements of this chapter shall comply with those impacted regulatory elements.

*Editor’s note—Ord. No. 2012-23(12-O-0228), § 1(Attach. A), approved May 30, 2012, amended Ch. 18L, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. 18L pertained to similar subject matter. See also the Code Comparative Table. Also, it should be noted that Map Attachments A through D, and Exhibit X are set out immediately following this Chapter 18L.

2.Subject to property interests otherwise properly vested under state law, all zoning districts and related site plans and conditions in existence prior to the effective date of this chapter shall be replaced by the regulations of this chapter, except as follows:

a.Any principal building shown on a parcel of property that is subject to a site plan approved prior to the effective date of this chapter that was not constructed prior to said effective date may be constructed through issuance of an SAP in accordance with the uses(s), height, location and density applicable to that building as specified on such site plan. Such building shall be deemed conforming for purposes of Chapter 24 (Nonconformities) as to such previously approved use(s), height, location and density. Except as otherwise provided herein, all other regulations of this chapter shall apply to said parcel unless compliance with these other regulations renders construction of such building consistent with such prior use(s), height, location and density structurally unfeasible.

b.Any principal building constructed prior to the effective date of this chapter that is partially or fully destroyed by unintentional means such as fire, storm or other hazards may be reconstructed on its previous footprint to its previous uses(s), height, location and density. Such rebuilt principal building shall be deemed conforming for purposes of Chapter 24 (Nonconformities) as to such previous use(s), height, location and density.

c.Properties fully or partially developed as a planned development pursuant to section 16-19.002 that was adopted prior to the effective date of this chapter shall be subject to the following:

i.All prior conditions directly related to unified control of the development as a whole within the meaning of said section 16-19.002 shall continue to apply to all properties within said former planned develop-ment unless determined by the director through an SAP to have been rendered unnecessary by the adoption of these SPI-12 regulations.

ii.Any such properties may be subdivided into different ownership that can be acknowledged as separate parcels, provided:

(1)An SAP meeting these requirements is approved by the director;

(2)All resultant properties will meet or will be made to meet as a condition of the subdivision approval the requirements of this chapter except as otherwise authorized in this subsection;

(3)No such properties shall be subdivided in a manner that prevents access to sufficient exits by occupants of any structure or prevents access to the entire parcel by emergency service personnel even where served by private streets;

(4)No such properties shall be subdivided to the extent development rights applicable to such properties are impacted without the written consent of all property owners within such former planned developments; and

(5)No such properties shall be subdivided in a manner that violates the City of Atlanta Comprehensive Development Plan, including the District 7 Greenspace Action Plan.

d.To the extent greater than the maximum height allowed by section 16-18L.007, any height increase approved by the board of zoning adjustment prior to the effective date of this chapter shall be the allowable height for such building, subject to any conditions included in such approval by the board of zoning adjustment.

3.Subject to Chapter 24 (Nonconformities) and property interests properly vested under state law, all special use permits approved prior to the effective date of this chapter, including related conditions and site plans, shall be deemed to comply with the regulations of this chapter.

4.Section 16-18L.001(2) shall apply to properties in Subarea 4 as if the Subarea 4 regulations were adopted as a part of the effective date of this chapter. (Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2020-53(20-O-1323), § 2, 10-1420)

§ 16-18L.002

Statement of intent.

Sec. 16-18L.002. Statement of intent.

The intent of the council in establishing the SPI-12 Buckhead/Lenox Stations Special Public Interest District is as follows:

1.Preserve, protect and enhance the district as a local, regional and national premier destination for business, living and visiting;

2.Preserve and protect the adjacent singlefamily residential neighborhoods which adjoin the Buckhead/Lenox Stations District including Brookhaven, Buckhead Forest, North Buckhead, Peachtree Park, Pine Hills and Ridgedale Park;

3.Ensure the overall aesthetic of the built environment is urban in nature and extremely high in quality;

4.Implement local plans and policies within the district, including the Comprehensive Development Plan and the District 7 Community Greenspace Action Plan;

5.Provide housing opportunities that reflect a rich diversity of incomes and ages;

6.Promote the district as a lifelong living community providing residential opportunities for all stages of life;

7.Preserve and continue to facilitate the mixture and connectivity of commercial uses and residential uses via a dense street network throughout the district;

8.Significantly increase the amount of open space throughout the district;

9.Promote future development that is sustainable and environmentally sensitive including encouraging green building standards and incorporating alternative energy sources;

10.Ensure the planting of trees on all district streets and in all open spaces;

11.Encourage the development of communal spaces through the use of public sidewalks, plazas, parks and public art;

12.Discourage the creation of above ground stormwater retention facilities except when properly designed as publicly accessible amenities;

13.Facilitate safe and convenient pedestrian circulation and minimize conflict between pedestrians and vehicles;

14.Ensure that area block infrastructure is adequate to facilitate mobility and connectivity of proposed intensities of uses;

15.Ensure pedestrian connectivity enables successful connections to the adjacent areas outside of the district;

16.Encourage the creation of vibrant streets through the provision of active street uses and engaging street fronting building design;

17.Accentuate Peachtree Road as a marquis and prominent boulevard;

18.Preserve and continue the area as a transit oriented district through the facilitation of high densities;

19.Encourage the use of various transportation alternatives including bus, rail, walking and biking;

20.Encourage the participation in and support of the local Transportation Manage-ment Association to further aid in the reduction of single occupancy vehicle traffic congestion; and

21.Minimize excessive parking requirements and encourage shared parking for compatible uses.

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12)

§ 16-18L.003

Boundaries of district established.

Sec. 16-18L.003. Boundaries of district established.

The boundaries of the SPI-12 Buckhead/ Lenox Stations District are shown on Map Attachment "A" the SPI-12 Buckhead/Lenox Stations District Boundaries Map which by this reference is incorporated into and made a part of this Chapter and this Part. The maps shown on Map Attachment "B" the SPI-12 Buckhead/Lenox Stations Street Framework Map, Map Attachment "C" the SPI-12 Buckhead/Lenox Stations Height Framework Map and Map Attachment "D" the SPI-12 Buckhead/Lenox Stations Incentivized Plazas Map, shall by this reference also be incorporated into and made a part of this Chapter and part. The SPI-12 Buckhead/Lenox Stations District is divided into three subareas as shown on said map Attachment "A" described as follows:

1.Subarea 1 - Buckhead Central Core.

2.Subarea 2 - Buckhead Heights.

3.Subarea 3 - North Buckhead.

4.Subarea 4 - Piedmont Center. (Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2020-53(20-O-1323), § 3, 10-1420)

Editor’s note—It should be noted that Map Attachments A through D, and Exhibit X are set out immediately following this Chapter 18L.

§ 16-18L.004

Application procedures.

Sec. 16-18L.004. Application procedures.

1.Special administrative permit (SAP) application.

a.All exterior demolition, new construction (including additions to existing buildings), monument signs, modification or subdivision of prior unified development plans, modifications of amenity zones, walk zones or pedestrian ways, modifications of outdoor dining, movement or removal of private streets that function as public streets utilized to satisfy block area calculations for any property within the district, or any construction which results in increased lot coverage, modification of a building footprint, or modification of building façades that alters the configuration of openings or public access shall be subject to special administrative permit (SAP) approval. For such SAP approval, an SAP application and a specified number of copies each of a site plan, landscape plan, and elevation drawings of each exterior façade shall be submitted, as applicable, and approved by the director prior to an applicant filing for a building permit.

b.An applicant shall arrange a conference to discuss the application and the requirements of this chapter with the director prior to SAP submittal. Such meeting shall be held within 14 days of the date of the request by the applicant, unless a longer period is agreed upon by the applicant and director.

c.All SAP applications shall be processed in accordance with the standards and procedures applicable to SAP applications contained in Chapter 25 except as otherwise modified by this Chapter 18L. The director shall provide a written response to the applicant within 30 days of the date of the completed SAP application as provided in section 16-25.004.

d.Where regulations require variance, special exception or special use permit action, the SAP for building permit purposes shall not be issued until the necessary approval has been obtained for such variance, special exception or special use permit.

2.Administrative variations.

a.As part of general action when plans require approval of an SAP, the director may authorize variations from regula-tions generally applying based on written findings, to be filed as a public record, that either:

i.A plan proposed by an applicant, while not strictly in accordance with regulations applying generally within the district, satisfies the public purposes and intent of such regulations, and provides public protection to an equivalent or greater degree than strict enforcement of such regulations would provide; or

ii.In the particular circumstances of the case, strict application of a particular regulation or regulations is not necessary for the accomplishment of public purposes or the provision of public protection, at that time or in the future.

b.Parcels abutting Peachtree Road that become out of compliance with these SPI-12 zoning regulations, including existing site plans that were approved prior to the effective date of this chapter as a direct result of the construction of the Peachtree Corridor Project, shall be permitted to utilize the provisions for variations provided in section 16-18.L.004 to request administrative site plan amendments without further city council review to administratively correct said compliance discrepancies as to said elements. This subsection (b) shall not be construed or utilized so as to exceed or increase the pre-construction development permission of any such parcel.

3.Prohibited variances: Notwithstanding any provision in this chapter or part to the contrary, neither administrative variation nor variance by the board of zoning adjustment shall be authorized from this chapter's building height requirements or block area formula. Alterations to block area calculations based upon construction of new authorized street types, and recalculations of the square footage of an individual block area based upon more accurate survey data, shall be authorized by administrative variation consistent with SPI-12 requirements. Changes to transitional height requirements shall not be authorized by administrative variation but requests for variance from transitional height requirements shall be only through application to the board of zoning adjustment. (Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12)

§ 16-18L.005

Definitions.

Sec. 16-18L.005. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Active uses: The sidewalk-level uses regulated in section 16-18L.011 for the purposes of creating vibrant and pedestrian-oriented sidewalks and streets within the district.

Block area: The total area (in square footage) within a block perimeter continuously bounded by any of the following street types as defined in this chapter: Peachtree Road, primary streets, local streets, pedestrian ways, and private streets that function as a public street. Block area measurements shall utilize the back edge of curb of the adjacent street types, or the back edge of the adjacent pedestrian way, for purposes of defining the perimeter of the block. Georgia State Route 400, the MARTA northern concourse pedestrian bridge and the SPI 12 district boundary, when no intervening street exists, shall be permitted to count as streets for purposes of the section 16-18L.007 block area calculation.

Building footprint, sidewalk level: The conditioned floor of a building located at the sidewalk level. For buildings with more than one sidewalk level, the portion of such building located at the primary building façade shall be used.

Building footprint, tower level: The conditioned floors of a building located in excess of 125 feet in height above the defined sidewalk level as established by this district.

Director: The director of the office of planning or designee.

Local streets: Those public streets or portions of public streets that constitute the minor roadways of the district and that are designated as local streets on map Attachment "B", the SPI-12 Buckhead/Lenox Stations Street Framework Map.

Mixed-use developments: Notwithstanding the provisions of section 16-29.001(24), mixed-use development is development containing more than one principal use on the same development site.

Non-residential uses: The specific uses and provisions corresponding to all other uses except for residential and dwelling uses as identified in the SPI-12 Buckhead/Lenox Stations Table of Uses.

Open space: That portion of a development dedicated to passive or active pedestrian activities and amenities and meeting the requirements of section 16-18L.008.

Peachtree frontage area: That area designated as such on map Attachment "C", the Buckhead/ Lenox Stations Height Framework Map that lies within 300 feet of the outer edge of the Peachtree Road right-of-way.

Peachtree Corridor Project: The reconstruction of a portion of Peachtree Road within this district to better accommodate pedestrians bicyclists and mass transit facilitated through coordination of the Buckhead Community Improvement District, the City of Atlanta and the Georgia Department of Transportation.

Pedestrian path: A path for pedestrian traffic within a pedestrian way meeting the requirements of section 16-18L.015(2).

Pedestrian way: An external area permitting public accessibility to pedestrian-only traffic, containing an unobstructed pedestrian path and meeting the requirements of section 16-18L.015(2).

Pet-walking area: The dedicated area of a parcel set aside for the purposes of satisfying the daily exercising regimens necessary for pets.

Plaza: The dedicated area between the primary building façade and the adjacent walk zone incorporated into larger scale non-residential developments for the purposes of facilitating pedestrian movement and establishing visual points of interest.

Primary streets: Those streets or portions of streets that constitute the major thoroughfares of the district and that are designated as Primary Streets on map Attachment "B", the SPI-12 Buckhead/Lenox Stations Street Framework Map.

Private streets that function as a public street: This term shall refer to private streets, drives or pedestrian ways that meet the applicable requirements of sections 16-18L.009 through 16-18L.011I and 16-18L.015.

Regional shopping center: One or more attached buildings containing primarily retail establishments which exceed 800,000 square feet of gross leasable floor area.

Residential uses: The specific uses and provisions corresponding to residential and dwelling uses as identified in the SPI-12 Buckhcad/Lenox Stations Table of Uses.

Sidewalk-level: Any building floor located within five vertical feet of the adjacent sidewalk, supplemental zone or pedestrian way and meeting the requirements of section 16-18L.011.

Screen wall extensions: A wing wall extension of a building façade matching the material and design of the adjacent adjoining building and not located within an open space, sidewalk or supplemental zone.

Supplemental zone: The area located between any sidewalk walk zones and/or pedestrian paths and a building façade.

Transit station area: The area nearest the district MARTA stations designated as the transit station area on map Attachment "C", the SPI-12 Buckhead/Lenox Stations Height Framework Map.

Transitional height line: The boundary located along the centerline of the segment of Roxboro Road specifically demarcated on map Attachment "C", the SPI-12 Buckhead/Lenox Stations Height Framework Map, representing the area of the district in need of protection from building shadowing and massing. (Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12)

§ 16-18L.006

Permitted principal uses and structures.

Sec. 16-18L.006. Permitted principal uses and structures.

1.The permitted principal uses and special permit uses set forth in Table 1: SPI-12 Buckhead/ Lenox Stations Table of Uses shall be permitted only as listed within each subarea within said table of uses and only in the manner so listed.

2.Permitted principal uses. A building or premises shall be used only for the principal uses indicated with a "P" in Table 1 SPI-12 Buckhead/ Lenox Stations Table of Uses subject to the following:

a.For the purposes of this chapter, uses at sidewalk-level in what would otherwise be classified as an independent primary parking structure shall§ not constitute principal uses.

b.Surface parking lots as defined in section 16-29.001(34) and detached single-family dwellings are prohibited principal uses within the district.

c.Battery exchange stations shall be permitted where service stations are permitted.

3.Special use permits. The following uses are permissible only by special permits of the type indicated subject to limitations and requirements set forth herein or elsewhere in this part, and subject to the applicable procedures and requirements set forth in section 16-25.001, et seq. Special use permits shall be required as indicated with "SUP" in Table 1: SPI-12 Buckhead/ Lenox Stations Table of Uses.

4.Prohibited uses. All uses marked with an "X" in Table 1: SPI-12 Buckhead/Lenox Stations Table of Uses shall be prohibited in the subarea(s) identified. All other uses not listed in said Table 1: SPI-12 Table of Uses shall be prohibited in all district subareas.

5.Accessory uses and structures. Accessory uses and structures shall be permitted in this district and shall include those customarily accessory and clearly incidental to permitted principal uses and structures, including accessory parking to serve authorized uses within the district as well as repair garages, service stations, paint and body shops car washes, urban gardens, and market gardens limited to parcels that are used as schools, churches, synagogues, temples, mosques and other religious worship facilities in Subareas 2 and 3, all subject to the restrictions set forth in this chapter.

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SPI-12 Buckhead/Lenox Stations: Table 1 Table of Uses (§16-18L.006; columns = the 4 SPI-12 subareas; P=permitted, SUP=special use permit, SAP=special administrative permit, X=not permitted; a BLANK cell = the use is not a listed principal use there — see §16-18L.006(4)-(5); accessory uses (e.g. market gardens in Subareas 2 & 3) may apply)

Use	Subarea 1	Subarea 2	Subarea 3	Subarea 4
Multi-family dwellings and supportive housing	P	P	X	P
Short-term rentals, subject to the regulations in Atlanta City Code Section 20-1001	P	P	P	P
Zero-lot line attached single-family dwellings	P	P	P	P
Bakers and catering establishments	P	P/SUP	X	P
Eating and drinking establishments defined as a "nightclub" set forth in Chapter 10 of the Code of Ordinances (Alcohol Code)	P/SUP/X	X	X	P/SUP/X
Eating and drinking establishments not defined as a "nightclub" set forth in Chapter 10 of the Code of Ordinances (Alcohol Code)	P	P/SUP	X	P
Fueling stations	P	X	X	X
Laundry and dry cleaning establishments	P	P/SUP	X	P
Microbreweries and microdistilleries (as defined by City of Atlanta Code Section 10-1)	X	X	X	P
Plumbing, heating, ventilation, air conditioning service/repair	P	P/SUP	X	X
Printing and blueprinting shops	P	P/SUP	X	P
Professional or personal service establishments, but not hiring halls	P	P/SUP	X	P
Repair of office equipment or installations; home appliances, clocks and watches, shoes, bicycles and leather goods	P	P/SUP	X	P
Retail establishments, including wholesaling	P	P/SUP	X	P
Sales and leasing agencies for new and used passenger automobiles and commercial vehicles, and new and used bicycles/mopeds	P	P/SUP	X	P
Small discount variety stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store	P	P/SUP	X	P
Tailoring, custom dressmaking, millinery and similar establishments	P	P/SUP	X	P
Automobile repair garages, service stations and paint and body shops, provided that no service station may be located within 1,500 feet of another service station	P	X	X	X
Banks, savings and loan associations and similar financial institutions	P	P/SUP	X	P
Business or commercial schools	P	X	X	P
Child care centers, kindergartens and special schools	P	X	X	P
Churches, synagogues, temples, mosques and other religious worship facilities	P	P/SUP	SUP	P
Clinics/labs, but not blood donor stations	P	X	X	P
Clubs and lodges	SUP	X	X	SUP
Commercial recreation establishments including bowling alleys, theatres, convention halls, places of assembly, and similar uses with primary activities conducted within fully enclosed buildings	P	X	X	P
Helicopter landing facilities or pick-up or delivery stations	SUP	X	X	SUP
Hotels	P	X	X	P
Market gardens	P			P
Museums, galleries, auditoriums, libraries and similar cultural facilities	P	P/SUP	X	P
Nursing homes, personal care homes and assisted living facilities	SUP	SUP	X/SUP	SUP
Offices, studios and similar uses	P	P/SUP	X	P
Outdoor amusement enterprises, exhibits, entertainments, meetings, displays/sales areas, or outdoor areas for religious ceremonies — less than 90 days duration	P		X	P
Outdoor amusement enterprises, exhibits, entertainments, meetings, displays/sales areas, or outdoor areas for religious ceremonies — 90 days duration or more	SUP			SUP
Parks, playgrounds, community centers	P	SUP	SUP	P
Parking structures (surface lots prohibited as a primary use)	P	P	SUP	P
Party houses provided that the use shall be prohibited within 150 feet of a property zoned R-1, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-4B, R-5, RG, MR or a property used for residential purposes measured from property line to property line	SAP	SAP	SAP	SAP
Public and private schools and institutions of higher learning, including colleges and universities	P	X	X	P
Structures required for public transit but not rail yards or maintenance shops	P	P	P	P
Urban gardens	P	P	P	P
Veterinary clinics, provided animals are kept within soundproof buildings and overnight boarding is prohibited. [Overnight boarding of animals shall be permitted in Subarea 4.]	P	X	X	P
Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications and increasing the height of such existing broadcasting towers and line-of-site relay devices	SUP	SUP	SUP	SUP
Roof mounted antennas as provided for and described in section 16-25.002(3) and alternative design mounting structures and new or additional uses which do not increase the height of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k)	P	P	P	P

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12;Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2014-22(14-O-1092), §§ 2-AA-i, 2-AA-ii, 6-11-14; Ord. No. 2019-20(18-O-1679), § 10, 3-13-19; Ord. No. 2019-66(19-O-1504), § 12, 12-11-19; Ord. No. 2020-53(20-O-1323), § 4, 10-14-20; Ord. No. 2020-58(19-O-1393), § 35, 10-28-20; Ord. No. 2021-60(21-O-0682), § 34, 12-15-21; Ord. No. 2023-16(23-O-1054), § 1, 5-10-23)

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Grid rebuilt from the published table · verbatim source ↗

§ 16-18L.007

Development controls and building heights.

Sec. 16-18L.007. Development controls and building heights.

1.Table 2: SPI-12 Buckhead/Lenox Stations Development Controls Table shall be used for purposes of regulating bulk and yards.

2.Tables 3A and 3B: SPI-12 Buckhead/Lenox Stations Building Height Table shall be used for purposes of minimum building façade height and maximum building height.

3.[Building height in subareas 1, 2 and 4:] Building heights in subareas 1, 2 and 4 shall be governed by the following provisions, subject to the transitional height limits set forth in subsection 5.

a.Baseline height. As a matter of right, a building height of 225 feet shall be permitted.

b.Block area.

i.An additional building height of up to 225 feet may be permitted as determined by the following calculation formula: ((160,000/block area square footage) × 225) = additional building height in feet, not to exceed 225 feet.

ii.Once installed, the removal or alteration of private streets that function as public streets pursuant to an SAP granted under the provisions of section 16-18L.015(4) shall not result in a reduction in height calculations for properties within adjoining blocks, nor shall such prior height calculations be deemed nonconforming under Chapter 24.

iii.The director shall create a block area map illustrating current blocks within the district that meet this district's block area definition. The director shall maintain public records of future block area alterations or recalculations authorized by SAP consistent with SPI-12 requirements, and shall periodically update the block area map to reflect said changes.

c.Peachtree Frontage Area. An additional building height of 75 feet shall be permitted when located within the Peachtree Frontage Area as demarcated on Map Attachment "C".

d.Transit Station Area. An additional building height of 100 feet shall be permitted when located within the Transit Station Area as demarcated on Map Attachment "C".

e.Combined height.

i.Maximum total building height shall be the sum of subsections 3(a), 3(b), 3(c) and 3(d) above, provided that said sum shall not exceed 600 feet, except as provided below.

ii.Architectural features, with no habitable elements, may exceed the maximum total building height limitations. Such features shall not exceed a maximum height of 60 feet above the height otherwise authorized in subsection 3(e)(i) above.

iii.lncentivized developments may exceed the maximum total building height limitations. Such features shall not exceed a maximum height greater than the sum of subsections 3(a), 3(b), 3(c) and 3(d) above and those heights set forth for incentivized developments in section 16-18L.020.

4.[Building heights in subarea 3:] Building heights in subarea 3 shall not exceed a maximum of 35 feet.

5.Transitional height planes.

a.No portion of any structure shall protrude through a height limiting plane beginning the specified number of feet above the point set forth in subsection 16-18L.007(5)(b) below and extending inward over the SPI-12 district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-18L.007(5):

i.R-1 through R-5;

ii.RG-1 and RG-2;

iii.MR-1, MR-2, and MR-MU; and

iv.Landmark, Historic, PD, and SPI districts and district subareas having uses and densities predominantly similar to those permitted in the district classifications listed in subsections (i) through (iii) above.

b.Proximity to districts and measurement applications:

i.For parcels in an SPI-12 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required SPI-12 setback or transitional yard adjoining the common property line with such protected district.

ii.For parcels in an SPI-12 district that are not contiguous to but are within 150 feet of a protected district, the transitional height plane shall be measured beginning 15 feet above the nearest lot line of the protected district, provided this transitional height plane shall not extend more than 150 linear feet (measured along the ground) from the protected district up to and into the SPI-12 district. (See diagrams at section 16-29.001(62).)

c.The purpose and intent of this provision is to provide protection for the named protected districts from nearby looming structures regardless of the presence of an intervening public right-of-way or park or space, public or private street or alley, or any lot or parcel remnant.

d.Transitional height plane measurements shall be applied to parcels on a point-bypoint basis and not average grade.

6.Future connectivity. Any buildings shall be designed so as not to prohibit or obstruct the ability for future inter-parcel access and connectivity notwithstanding the provisions of section 16-28.006(10) except where the director determines that such connectivity is impractical due to topographic or other site-specific constraints. This provision shall not be interpreted to prohibit or restrict that which would otherwise be permitted within this district or require interparcel rights to be granted to adjacent property owners.

7.Sunlight preservation. Tower level building footprints (for portions of buildings 125 feet in height or greater) shall not exceed 65 percent of the sidewalk level building footprint. In no case, however, shall these tower level building footprints be required to be less than 30,000 square feet.

_______________________________________________________________________________________________ TABLE 2: SPI 12 BUCKHEAD/LENOX STATIONS DEVELOPMENT CONTROLS TABLE Total FAR, maximum a NA a NA 0.40 a NA Front yard, minimum (feet) b NA b NA b NA b NA Side and rear yard, minimum (feet)

No minimum No minimum 20' No minimum except where the property abuts R-1 through R-5 or PD-H zoning districts. Abutting R-1 through R-3 zoning districts the minimum side or rear yards shall be a 50 foot transitional yard which shall not be used for the purpose of parking, paving, load-ing, servicing or stor-age activity and shall be planted and/or maintained in natural state. Abutting R-4, R-5 and PD-H zoning districts the minimum side or rear yards shall be a 20 foot transitional yard which shall not be used for the purpose of parking, paving (except for multi-purpose trails), loading, servic-ing or storage activity and shall be planted and/or maintained in natural state. Pervious walking paths shall be permitted in the transitional yard.

Multi-purpose trails may be paved in the transitional yard abut-ting R-4, R-5 and PD-H zoned property.

INDEX/FOOTNOTES

NON-RESIDENTIAL USES (COMMERCIAL AND RETAIL USES)

a Not Applicable in Subareas 1, 2 and 4. See Transitional heights, yards and screening requirements. b Not Applicable. See Sidewalk and Supplemental Zone requirements.

TABLE 3A: SPI-12 BUCKHEAD/LENOX STATIONS BUILDING HEIGHT TABLE -MINIMUM FAÇADE Peachtree fronting façade height, minimum (feet)

Primary street fronting façade height, minimum (feet)

MINIMUM FAÇADE HEIGHT 35' 24' TABLE 3A: SPI-12 BUCKHEAD/LENOX STATIONS BUILDING HEIGHT TABLE -MINIMUM FAÇADE All other streets, minimum (feet)

MINIMUM FAÇADE HEIGHT No minimum TABLE 3B: SPI-12 BUCKHEAD/LENOX STATIONS BUILDING HEIGHT TABLE -MAXIMUM HEIGHT SUBAREA 1 and Baseline height, maximum (feet)

225' 35' 225' for all uses except office 100' for office use Block area height, maximum (feet)

225' Not Applicable 39' for all uses except office 0' for office use Peachtree frontage area height, maximum 75' (feet)

Not Applicable Not Applicable Transit station area height, maximum 100' (feet)

Not Applicable Not Applicable Total buildable height, maximum (feet) a 600 35' 264' for all uses except office 100' for office use a Maximum total building height in Subareas 1, 2 and 4 shall be the sum of subsections section 16-18L.007(3)(a) through (3)(d), provided that said sum shall not exceed 600 feet except for architectural features and incentivized development in Subareas 1 and 2 as regulated in section 16-18L.007(3)(e)(ii) and (iii).

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2019-09(18-O-1581), § 10.11, 1-31-19; Ord. No. 2020-53(20-O-1323), §§ 5—7, 10-14-20)

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§ 16-18L.008

Open space requirements.

Sec. 16-18L.008. Open space requirements.

1.Required open space.

a.The minimum required open space shall be as set forth in Table 4 SPI-12 Buckhead/ Lenox Stations Open Space Table.

b.The required open space delineated in Table 4 shall be calculated as a percentage of either the gross floor area or the net lot area, whichever is less. For mixeduses, required open space shall be the sum of each calculation percentage as applied to each use.

c.The required open space delineated in Table 4 shall be satisfied only through the use of the following elements: yards, amenity zones, walk zones, supplemental zones, outdoor dining, plazas, parks, landscaped areas, rooftops, public art and pet areas, and shall not include any heated interior spaces and private drives or streets designed for predominate vehicular use.

d.The owner shall provide maintenance all open space improvements including replacement of any dead plantings.

2.Minimum open space standards. The following minimum standards shall apply to each element listed to the extent that element is used to meet required open space.

a.Sustainability. A minimum of 60 percent of landscaped areas shall be in biodiverse planting of native and adapted plants other than turf grass.

b.Above ground stormwater ponds. Stormwater ponds functioning as management facilities designed to control stormwater runoff from multiple buildings or properties according to current City of Atlanta Stormwater Design Manual requirements may be permitted to be counted towards required open space provided that the portion of such facilities being used for open space:

i.Shall be permitted to utilize the stormwater pond portion of the facility, and all other related systems and infrastructure related to the stormwater pond, for the purposes of meeting required open space;

ii.Shall contain pedestrian amenities that meet the minimum standards of this section as approved by the director; and

iii.Shall be integrated with adjacent pedestrian amenities when located adjacent to such amenities.

c.Pedestrian ways. Pedestrian ways may be credited towards required open space only when in conformance with section 16-18L.015(2).

d.Public art. No more than 1,500 square feet of the required open space area may be utilized for public art display areas.

e.Outdoor dining. No more than 30 percent of the required open space area may be utilized for outdoor dining areas.

3.Transfer of open space. Required open space may be transferred to an offsite parcel when meeting the following requirements:

a.In no case may the transfer of open space result in development that does not comply with the remaining regulations of this district;

b.The parcel receiving the open space ("receiving parcel") shall contain the amount of open space otherwise required for development of said receiving parcel in addition to the transferred amount of open space;

c.Transferred open space shall be located only on sites located within SPI-12;

d.Open space transferred to a receiving parcel shall meet the following requirements:

i.Be accessible to the public from dawn to dusk;

ii.Be located, visible from and accessible (having no walls, fences, or other obstructions) along a minimum of 60 percent of any adjacent sidewalk;

iii.Permit and encourage pedestrian access on a minimum of 60 percent of the surface of the open space including landscaped areas, fountains, pedestrian furniture, public art, and similar elements which are specifically listed in the application;

iv.Include documentation of the total amount of open space relocated and the location of the receiving parcel on the approved SAP; and

v.Once transferred to a receiving parcel, the square footage of such transferred open space shall not be used or credited toward future open space transfers.

e.Sites that have transferred required open space to an off-site receiving parcel shall be deemed conforming as to said open space for purposes of Chapter 24 (Nonconformities) provided the transferred open space is properly maintained as open space in accordance with the approved SAP.

f.Transfers of open space proposals shall provide documentation confirming the receiving parcel's property owner consents to the open space arrangement.

4.Pet-walk areas. For residential uses with more than 40,000 square feet of floor area, a minimum of 500 square feet of designated petwalking areas shall be provided unless pets are prohibited from such development as confirmed by written documentation. Off-site locations may be utilized in lieu of meeting this requirement on-site, however, such off-site locations shall be within 1,000 feet from any building's pedestrian entrance as measured along areas permitted for pedestrian access.

_______________________________________________________________________________________________ TABLE 4: SPI-12 BUCKHEAD/LENOX STA-TIONS OPEN SPACE TABLE Residential and dwellings uses Non-residential uses (commercial and retail uses)

Non-residential uses (all other uses)

SUBAREA 1 20% 15% 10% SUBAREA 2 25% Not Applicable SUBAREA 3 65% Not Applicable Not Applicable Not Applicable SUBAREA 4 20% 15% 10%

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2020-53(20-O-1323), § 8, 10-14-20)

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§ 16-18L.009

Sidewalks.

Sec. 16-18L.009. Sidewalks.

Public sidewalks shall be located along all public streets and shall consist of two zones: an amenity zone and a walk zone. Public sidewalks shall have the widths identified in Table 5: SPI-12 Buckhead/Lenox Stations Sidewalk Table and shall meet the following requirements.

1.Amenity zone requirements: The amenity zone shall be located immediately adjacent to the curb. Width shall be measured from back (building side) of curb to the walk zone. Minimum width shall be as specified for the applicable street type in Table 5. This zone is reserved for the placement of street trees and street furniture including utility and light poles, public art, waste receptacles, fire hydrants, traffic signs, traffic control boxes, newspaper boxes, transit shelters and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. Such elements, where installed, shall be of a type specified by the director in accordance with uniform design standards for placement of such objects in the public right-of-way.

2.Walk zone requirements: The walk zone shall be located immediately contiguous to the amenity zone and shall be a continuous hardscape for a minimum width as specified for the applicable street type in Table 5, with a consistent cross-slope not exceeding two percent. No fixed elements, including pole mounted signage, traffic control boxes or other utility structures, shall be placed above ground in the walk zone for a minimum height of eight feet.

3.Paving: All sidewalk paving shall be of a type specified in accordance with uniform design standards for placement of such objects in the public right-of-way. Any existing decorative hardscape treatment of sidewalks, including amenity zone and sidewalk walk zone areas, shall be retained as part of any new development or replaced with materials that match in size, shape, and color.

4.Street tree planting requirements: Street trees are required and shall be planted in the ground within the amenity zone and spaced equidistance and on-center between street lights as specified for the applicable street type in Table 5. All newly planted trees shall be singlestemmed at a minimum of three inches in caliper (measured 36 inches above ground), shall be a minimum of 12 feet in height at the time of planting and shall be limbed up to a minimum height of seven feet. Trees shall be planted with a minimum of 40 square feet of evergreen ground cover such as mondo grass or liriope spicata. All tree plantings, replacement and removal shall be approved by the city arborist.

5.Pedestrian and street lights shall be placed equidistant and on-center between required street trees within the amenity zone as specified for the applicable street type in Table 5.

6.Outdoor dining. Outdoor dining within the required public sidewalk shall:

a.Be allowed to encroach into the walk zone only when the amount of unobstructed sidewalk is provided as specified in the Table 5: SPI-12 Buckhead/Lenox Stations Sidewalk Table;

b.Be prohibited from containing any fixed or attached structure within such walk zone encroachment area;

c.Be separated from the unobstructed walk zone only with movable planters, movable fencing or similar nonfixed barriers provided they do not exceed a height of 42 inches including any plant material; and

d.Comply with all requirement of this chapter at such time as the outdoor dining use is discontinued for more than 30 days.

7.Alternative transportation systems. The location of transit stops for shuttles, buses or other similar forms of public transportation and paths, trails or similar forms of non-vehicular travel ways shall be coordinated with the Buckhead Area Transportation Management Association (BATMA). The widths of amenity zones and walk zones may be varied to accommodate such elements.

8.Visibility at intersections. Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility within visibility triangles at street intersections, as measured from the curb, between the heights of two and one-half feet and eight feet above grade. See section 16-28.008(9) Visibility at Intersections.

9.Overhead utilities. Upon redevelopment of a parcel reasonable efforts shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks.

10.Peachtree Road parcels. Parcels shall be permitted to credit new street tree planting and sidewalk areas created as a part of the Peachtree Corridor Project towards any required street tree planting and sidewalk requirements and any required open space requirements.

11.In recognition of the existing mature tree canopy, landscaping and topography located between the back of curb and the buildings on Piedmont Road in Subarea 4, properties in Subarea 4 shall be exempt from compliance with Section 16-18L.009(1) through Section 16-18L.009(5) and Table 5: SPI-12 Buckhead/Lenox Stations Sidewalk Table on Piedmont Road unless the mature tree canopy and landscaped area on the applicable property is redeveloped. To the extent the exemption in this Section 16-18L.009(11) is utilized, the applicable property shall retain the existing five foot walk zone located at back of curb on Piedmont Road and provide a separate eight foot multi-use path between the building and the back of curb on Piedmont Road.

_______________________________________________________________________________________________ TABLE 5: SPI-12 BUCKHEAD/LENOX STATIONS SIDEWALK TABLE Peachtree Road, width (feet)

AMENITY ZONE

MINIMUM

5' WALK ZONE MINIMUM 15' UNOBSTRUCTED WALK ZONE WITH DINING ENCROACHMENT MINIMUM 10' STREET TREE SPACING MAXIMUM 40' STREET LIGHT SPACING MAXIMUM 80' TABLE 5: SPI-12 BUCKHEAD/LENOX STATIONS SIDEWALK TABLE Primary and local streets, width (feet)

Private streets that function as a public street for determining block area per section 16-18L.015(3)(b), width (feet)

AMENITY ZONE

MINIMUM 5'

Not Required WALK ZONE MINIMUM 10' 6' UNOBSTRUCTED WALK ZONE WITH DINING ENCROACHMENT MINIMUM 6' STREET TREE SPACING MAXIMUM 30' 6' Not Required STREET LIGHT SPACING MAXIMUM 60' Not Required

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2020-53(20-O-1323), § 9, 10-14-20)

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§ 16-18L.010

Supplemental zone.

Sec. 16-18L.010. Supplemental zone.

Supplemental zones shall meet the dimensions identified in Table 6: SPI- 12 Buckhead/ Lenox Stations Supplemental Zone Table, and shall meet the following requirements.

1.Elevation and grade. The supplemental zone (including any porches and stoops associated with residential uses) shall have a maximum elevation of 36 inches above finished sidewalk grade unless existing topographical considerations render this requirement unreasonable in the determination of the director.

2.Storefront windows. Storefront display windows may project into the required supplemental zone but shall not cover more than two-thirds of its horizontal area and shall have a minimum depth of three feet, to be internally illuminated, serviced by electricity, and accessible from the interior of a building.

3.Additional requirements for supplemental zones.

a.Adjacent to all uses: Shall provide a pedestrian walkway a minimum width of four feet through said supplemental zone to connect to the adjacent required sidewalk. Said walkway shall be predominantly perpendicular to the street unless topography prohibits.

b.Adjacent to sidewalk-level nonresidential uses: Shall be hardscape for pedestrians to access a minimum of 75 percent of its area excluding fountains, pools, pedestrian furniture, public art, outdoor dining and similar elements. See section 16-18L.008 when utilizing supplemental zones as part of open space calculations.

c.Adjacent to sidewalk-level residential units:

i.Said zone shall be a minimum of 25 percent landscaped except when located on Peachtree Road which shall have no minimum requirement.

ii.Buildings with more than four sidewalk-level residential units shall be permitted to share said required pedestrian walkway with one adjacent unit.

4.Fences and walls. Fences and walls shall only be allowed within the supplemental zone when meeting the following regulations.

a.For all sidewalk-level residential and outdoor dining uses:

i.Walls shall not exceed 42 inches in height unless existing topography requires a retaining wall of greater height;

ii.Fences shall not exceed 42 inches in height; and

iii.Any railings, balustrades, or enclosures around stoops, stairs, or porches shall be a minimum of 60 percent open,

b.For all other non-residential sidewalk-level uses: Fences and walls are prohibited.

c.Retaining walls shall be finished poured concrete or shall be faced with stone, brick or smooth stucco and shall be architecturally compatible with the adjacent building's design.

5.Cantilevered portions of buildings. A building may cantilever over the supplemental zone, provided there is a minimum vertical clearance of 24 feet above the finished supplemental zone grade.

6.Outdoor dining. Outdoor dining locations shall be designated within the approved SAP as available for such use and no encroachment by outdoor dining outside an area so designated shall be permitted.

7.In recognition of the existing mature tree canopy, landscaping and topography located between the back of curb and the buildings on Piedmont Road in Subarea 4, properties in Subarea 4 shall be exempt from compliance with Section 16-18L.010(1) through (3) and Table 6: SPI-12 Buckhead/Lenox Stations Supplemental Zone Table on Piedmont Road unless the mature tree canopy and landscaped area on the applicable property is redeveloped.

_______________________________________________________________________________________________ TABLE 6: SPI-12 BUCKHEAD/LENOX STATIONS SUPPLEMENTAL ZONE TABLE Peachtree Road, width (feet)

Primary streets, width (feet)

Local streets, width (feet)

SUPPLEMENTAL ZONES

(those not designated as plaza areas)

Minimum/Maximum 15'/25' 10'/25' No minimum/25' SUPPLEMENTAL ZONES (those designated as plaza areas)

Minimum/Maximum 35'/No maximum 30'/No maximum 30'/No maximum

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2020-53(20-O-1323), § 10, 10-14-20)

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§ 16-18L.011

Relationship of building to street.

Sec. 16-18L.011. Relationship of building to street.

Regulations contained in this section apply to all buildings and structures, including parking structures, except structures for parking lot attendants that are less than 50 square feet.

1.General sidewalk-level building façade requirements.

a.All buildings shall have a minimum of one building façade meeting the major sidewalk-level building façade requirements of this section. All other building façades shall be considered as minor sidewalk-level building façades.

b.For parcels with more than one street frontage, major sidewalk-level building façades shall be required according to Table 7: SPI-12 Buckhead/Lenox Stations Primary Sidewalk-Level Building Façades Hierarchy Table. Only one street shall be required to meet the major sidewalk-level façade requirements, with the street with the table's highest assigned ranking being considered the major sidewalklevel. In this way, streets with an order of priority of "1" shall have a higher priority over streets with an order of priority of "2", and so on. If there are multiple streets with the same highest ranking the SAP applicant shall choose their defined major sidewalk-level designation.

c.Wherever the term sidewalk-level is used elsewhere in this chapter, without further delineation between major or secondary status, it shall apply to both major and minor sidewalk-level building façades.

d.Active uses, where provided, shall be serviced by plumbing, heating, and electricity and are limited to the residential uses and nonresidential uses designated in Table 1: SPI-12 Buckhead/Lenox Stations Use Table, with the exception of the following non-residential uses which shall be prohibited:

i.Helicopter landing facilities or pick-up or delivery stations;

ii.Parking structures; and

iii.Structures required for public transit.

2.Major sidewalk-level building façades. Major sidewalk-level building façades shall meet the following requirements:

a.Major sidewalk-level fenestration and building massing.

i.Building façades greater than 100 continuous feet in horizontal length shall include variety in façade treatment such as materials, textures, colors and/or window and door patterns.

ii.The length of façade without intervening fenestration or entryways shall not exceed 20 feet.

iii.Fenestration shall be provided for the horizontal length of the primary sidewalk-level façade as listed below for the following street types:

a.Peachtree Road and primary streets: A minimum of 65 percent.

b.All other streets (including pedestrian ways): A minimum of 50 percent.

b.Major sidewalk-level entrances.

i.Buildings with more than four residential units which are located at the major sidewalklevel, except those with either supportive housing, nursing homes, personal care homes or assisted living uses, shall have individual entrances to such units directly accessible from the public sidewalk and shall open directly onto the adjacent public sidewalk, supplemental zone, terrace, porch, plaza, or park adjacent to the public sidewalk. Said buildings shall have porches, stoops or wheelchair access at each sidewalk-level entrance.

ii.All residential uses located above or below the major sidewalk-level shall provide major sidewalk-level access via a lobby or a similar space.

c.Major sidewalk-level active uses.

i.Active uses shall be provided within buildings and parking structures for the entire length of said building façade except ingress and egress points into parking structures or loading areas.

ii.Minimum sidewalk-level floor to ceiling height for primary sidewalk-levels fronting Peachtree Road and primary streets shall be 18 feet, as measured vertically from the ground floor to the structural ceiling, not including drop ceil-ings or other interior ceiling treatments within the sidewalk-level floor space.

3.Minor sidewalk-level building façades. Minor sidewalk-level building façades shall meet the following requirements:

a.Minor sidewalk-level fenestration. Fenestration shall be provided for the horizontal length of the minor sidewalk-level façade as listed below for the following street types:

i.Primary streets: The requirements for major sidewalk-levels shall apply when sidewalklevel building façades are located along such streets.

ii.All other streets (including pedestrian ways): A minimum of 25 percent. Artistic wall murals, architectural treatments and other forms of building articulation that do not utilize glass shall be permitted to account for a maximum of 50 percent of this requirement.

b.Minor sidewalk-level entrances. Entrances shall only be required when active uses are provided and no other entrance is provided along another façade.

c.Minor sidewalk-level active uses. Active uses shall not be required.

4.Additional fenestration provisions. Where sidewalk-level fenestration is required, the following additional provisions shall apply:

a.Windows and door glass shall utilize clear glass or tinted glass. Tinted glass shall have a transmittance factor of 50 percent or greater and shall have a visible light reflectance factor of ten or less. Painted glass, reflective glass or other similarly treated or opaque windows are not permitted.

b.Fenestration for display windows or cases shall allow visibility into the window or case for a minimum depth of 18 inches, measured from the interior windowpane.

c.Fenestration for all other nonresidential storefront windows shall allow visibility into the building for a minimum depth of ten feet when located along Peachtree Road and primary streets, and five feet along all other streets, measured from the interior windowpane and shall be internally illuminated.

d.Façade treatment measurement. Fenestration and entrances shall be provided as measured beginning at a point not more than 36 inches above the required public sidewalk to a height at least ten feet above said sidewalk, with the following exceptions:

i.When the finished floor elevation is 36 or more inches above the public sidewalk, height shall be measured beginning at the finished floor elevation to a height at least ten feet above the finished floor elevation; or

ii.When the finished floor elevation is below said sidewalk, height shall be measured beginning at a point not higher than the adjacent public sidewalk to a height at least ten feet above the finished floor elevation.

5.Additional pedestrian entrance provisions. Where sidewalk-level pedestrian entrances are required, the following additional provisions shall apply:

a.Entrances shall be architecturally articulated, and face, be visible from, and be directly accessible from the adjacent public sidewalk. The use of fire-escape, entrance-only and exitonly doors as primary entrances is prohibited.

b.Lobby doors and similar entrances may be recessed a maximum depth of ten feet and may have a maximum width of 20 feet. All other doors may be recessed a maximum depth of five feet.

c.Entrances for non-residential uses shall remain unlocked during busi-ness hours and shall be at-grade with the closest portion of the adjacent required public sidewalk.

d.Shall have a visible and accessible push button activator seen from the clear zone sidewalk connected with a minimum five foot wide pedestrian walkway, except for those entrances that are used solely for access to an individual dwelling unit. This provision shall not apply to single-family and two-family residential structures.

6.Additional active use provisions. Where sidewalk-level active uses are required, the following additional provisions shall apply:

a.Sidewalk-level active uses shall not include parking, non-residential storage areas, driveways, or queuing lanes parallel to the adjacent street.

b.Active uses shall be provided for a minimum depth of 20 feet, as measured from the sidewalk-level building façade.

7.Specific uses in enclosed buildings. The following uses shall be placed within a building or parking structure and subject to the active-use requirement of this section, except at ingress and egress points.

a.Structures and features associated with fueling stations such as accessory fueling pumps, air pumps, repair garages, vehicular service areas and car washes, when within 300 feet of Peachtree Road or any primary street.

b.Drive-through service windows for any use, including structures and associated queuing, when within 300 feet of Peachtree Road or any primary street.

c.Sales and leasing agencies for new and used passenger automobiles and commercial vehicles. Such uses shall only be permitted within mixed-use buildings and shall not constitute the primary use of the building.

8.Address. A street address number shall be clearly visible from the public sidewalk, and shall have a minimum height of six inches.

9.Up-lighting. All up-lighting shall be located a minimum height of eight feet above the required public sidewalk, driveway or supplemental zone.

10.External storefront security grilles, gates and security doors.

a.Shall be fully retractable during business hours and shall permit visibility into the interior of protected space when in use;

b.Opaque systems are prohibited;

c.External housing and shields for such systems shall be painted the same color as the frames of the storefront system they protect; and

d.Vehicular gates and doors may be recessed a maximum depth of 20 feet.

11.In recognition of the existing mature tree canopy, landscaping and topography located between the back of curb and the buildings on Piedmont Road in Subarea 4, properties in Subarea 4 shall be exempt from compliance with Section 16-18L.011(2)(b) (major sidewalk-level entrances), Section 16-18L.011(2)(c) (major sidewalk-level active uses), Section 16-18L.011(8) (address) and Section 16-18L.011(9) (up-lighting) on Piedmont Road unless the mature tree canopy and landscaped area on the applicable property is redeveloped.

_______________________________________________________________________________________________ TABLE 7: SPI-12 BUCKHEAD/LENOX STATIONS PRIMARY SIDEWALK-LEVEL BUILDING FAÇADES HIERARCHY TABLE ORDER OF PRIORITY Peachtree Road 1 Primary streets 2 aLocal streets and private streets that function as local streets 3 aPedestrian ways 4 INDEX/FOOTNOTES a Georgia State Route 400, the MARTA northern concourse pedestrian bridge and the SPI-12 district boundary shall not be considered streets for purposes of the sidewalk-level building façade requirements of the section.

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2020-53(20-O-1323), § 11, 10-14-20; Ord. No. 2026-05(26-O-1001), § 7, 2-25-26)

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§ 16-18L.012

Dumpsters, loading, loading areas and entrances, mechanical and accessory features, and fences and walls.

Sec. 16-18L.012. Dumpsters, loading, loading areas and entrances, mechanical and accessory features, and fences and walls.

1.The off-street loading requirements for this district are as shown in the table of loading requirements, section 16-28.015, off-street loading requirements.

2.Dumpsters, trash compactors, loading areas and loading docks shall be located and oriented in a manner to minimize visibility from public rights-of-way or walk zones. If such elements are otherwise visible screening via either opaque walls, gates or landscaping shall be provided so such elements would not be visible. In addition, all external dumpsters and trash compactors shall be enclosed with opaque walls a minimum of eight feet in height.

3.Building mechanical and accessory features (including satellite dishes):

a.Shall be located to the side, rear, or roof of the principal structure and within each such location shall be in the location of least visibility from any public park, plaza, public right-of-way, private street, required sidewalk, or sidewalk-level outdoor dining area and are prohibited between the building and any public street. When not located in an area of least visibility, said mechanical and accessory features shall be screened.

b.When located on rooftops shall be incorporated in the design of the building and screened with materials similar to the building.

4.Fences and walls:

a.No barbed wire, razor wire, chain link or similar elements shall be visible from any public park, plaza, public right-ofway, private street, pedestrian way, required sidewalk or sidewalk-level outdoor dining area.

b.Fences and walls are prohibited between a pedestrian way and a lot line.

c.For all locations not located between the building and the required sidewalk: the maximum height of all fences and walls shall be eight feet.

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2019-09(18-O-1581), § 4.D, 1-31-19)

§ 16-18L.013

Signs.

Sec. 16-18L.013. Signs.

See section 16-28A.010(13) for SPI-12 Sign Regulations. (Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12)

§ 16-18L.014

Driveway curb cuts, driveways, parking facilities.

Sec. 16-18L.014. Driveway curb cuts, driveways, parking facilities.

1.Driveways and curb cuts.

a.For all uses except for hotels, driveways shall be predominantly perpendicular to any adjacent street and are not permitted between the required sidewalk and the adjacent building except to reach the side yard, rear yard or an on-site parking facility. b. Notwithstanding the provisions of section 16-28.006(10), independent driveways are not required when access is provided by a common or joint driveway for adjacent lots that have direct vehicular access to a street, or a driveway from a private street which functions as a public street. Said shared arrangement may be authorized by the director of the office of planning, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is filed with the office of planning.

2.Street types.

a.Streets, private streets and private drives intersecting with Peachtree Road or primary streets:

i.Shall be designed to have the appearance of public streets and shall meet the requirements of sections 16-18L,009, 16-18L.010 and 16-18L.011 for a minimum distance of 50 feet from the Peachtree Road or primary street entryway, as measured along the center-line of the street or drive; provided, however, in recognition of the existing mature tree canopy, landscaping and topography located between the back of curb and the buildings on Piedmont Road in Subarea 4, properties in Subarea 4 shall be exempt from compliance with this Section 16-18L.014(2)(i) unless the mature tree canopy and landscaped area on the applicable property is redeveloped; and

ii.Shall have no limit of total curb cut width(s) along Peachtree Road or primary streets.

b.Streets, private streets and private drives intersecting with all other street types:

i.Curb cuts accessing parking areas shall have a maximum combined width of 36 feet per street, private street or private drive; and

ii.Curb cuts accessing loading areas shall have a maximum width of 14 feet per curb cut. The number of such curb cuts shall not exceed the number of required loading spaces designated in Table 8: SPI -12 Buckhead/Lenox Stations Loading Table. Loading area curb cuts are permissible per building, not per street, and may be combined; and

iii.The total number and total width of curb cuts accessing parking areas and loading areas may be increased when documentation is provided from a certified traffic engineer proving the need for the increased number and/or dimensions. Developments granted such increases shall meet the Transportation Management Plan requirements of section 16-18L.018 regardless of the total square footage of the development.

3.Sidewalks. All sidewalk paving materials and widths shall be continued across any intervening driveway curb cut at the prevailing grade and cross slope as the adjacent sidewalk walk zone. Bands of textured concrete shall also be installed which are:

a.Adjacent to the street and of equal width and alignment to the amenity zone; and

b.Adjacent to the back of the required walk zone and in-line with the supplemental zone at a minimum width of five feet.

4.Parking structures.

a.In addition to section 16-28.028, parking structures shall meet the sidewalk-level building façades requirements as applicable in section 16-18L.011.

b.A minimum of one (1) entrance to parking structures shall have a minimum height of 90 inches for the ingress and egress of vanpool vehicles.

5.Lighting. All parking facility lighting shall reduce light spillage onto adjacent properties by providing cutoff luminaries which have a maximum 90 degree illumination.

6.Maintenance. Parking spaces and driving lanes shall be clearly defined and maintained as such. See section 16-28.026 for additional requirements.

7.Landscaping. The requirements of City of Atlanta Code of Ordinances section 158-30 including related cross-references thereto shall apply. (Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2020-53(20-O-1323), § 12, 10-1420)

§ 16-18L.015

Connectivity and block standards.

Sec. 16-18L.015. Connectivity and block standards.

1.Block connectivity. New development in Subareas 1, 2 and 3 proposing to contain a continuous block face greater than 600 feet in length without an intervening street or a private street that functions as a public street meeting the requirements of section 16-18L.014(2) shall be traversed by streets which create block faces no more than 400 feet in length along a public street.

2.Pedestrian ways utilized to satisfy block connectivity or block area regulations shall:

a.Provide a continuous minimum total width of 45 feet which shall be unobstructed up to a minimum vertical clearance of 18 feet except for any structural columns. Also, within any such pedestrian way is a minimum 15 feet wide continuous pedestrian path(s) which is unobstructed by any vertical or overhead elements that is required in lieu of the sidewalk walk zone requirements in section 16-18L.009;

b.Provide pedestrian directional signage for the pedestrian way when the pedestrian way intersects with public streets or private streets that function as public streets.

3.Any buildings adjacent to such a pedestrian way, whether located on-site or off-site, shall meet the requirements for relationship of building to street in section 16-18L.011. Newly created streets. Newly created public streets and private streets that function as a public street, which are utilized to satisfy block connectivity or block area regulations, shall meet the following regulations:

a.Provide such street types at a minimum distance of 100 feet from any other predominantly parallel street; and

b.All such street types shall meet the requirements of section 16-18L.014(2) except that private streets that function as a public street shall be permitted to utilize the following standards in lieu of the section 16-18L.014(2) regulations for a maximum of 40 percent of the permissible street types for determining block area:

i.An amenity zone and a supplemental zone shall not be required; and

ii.A minimum walk zone of six feet shall be provided on one side of the private street.

4.Removal of private connectivity. The following provisions shall apply when private streets that function as a public street are utilized to satisfy block area calculations for any property within the district and are later removed or altered in part or in whole.

a.A SAP from the director shall be required. Such SAP shall demonstrate that district access and connectivity will be provided to an equivalent or greater degree than provided prior to the removal of such elements.

b.Such removals or alterations shall not result in a reduction in height calculations and shall not be deemed nonconforming, per section 16-18L.007(3)(b)(ii).

5.Restricted connections and intersections. The following provisions shall apply to streets which are unable to connect to or intersect with another street for purposes of meeting any related requirements of this district due to topographic or other physical restrictions.

a.Such streets shall be permitted to be considered as connecting to or intersecting with other streets when:

i.Located a maximum distance of 25 feet apart; and

ii.Documentation of the topographic or physical features that prohibit the connection or intersection of such streets is provided.

b.For purposes of quantifying district block area calculations, these areas shall be quantified by determining the total linear distance between the non-connecting or non-intersecting streets.

6.Old Ivy Road access. In Subarea 4, vehicular access to Old Ivy Road shall be designed to prohibit vehicles from turning right out onto Old Ivy Road or turning left in from Old Ivy Road. Signage prohibiting the right out and left in movements shall be posted at the intersection with Old Ivy Road. Vehicular access from Old Ivy Road shall be closed with a physical barrier from 7:00 pm to 7:00 am daily and at all times on the weekend. In the event of significant or repeated illegal turns into or out of the Old Ivy Road curb cut, the owner shall provide, at the discretion of the City of Atlanta Office of Transportation, at the owner's expense, an offduty City of Atlanta police offier to direct traffic movements between 7:30 am to 9 am and 5:00 pm to 6:30 pm each weekday. (Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2020-53(20-O-1323), §§ 13, 14, 10-14-20)

§ 16-18L.016

Off-street parking requirements.

Sec. 16-18L.016. Off-street parking requirements.

Off-street parking for all uses shall be provided in accordance with the Table 9: SPI-12 Buckhead/ Lenox Stations Parking Table and subject to the subsections below. See also sections 16-28.013 and 16-28.014.

1.Minimum parking. There shall be no minimum off-street parking required except that uses with alcohol beverage licenses shall be required to meet the minimum parking requirements set forth in Chapter 10 of the Code of Ordinances (Alcoholic Beverages).

2.Maximum parking. Unless otherwise shown in Table 9: SPI-12 Buckhead/ Lenox Stations Parking Table, the maximum allowable off-street parking shall be one space for each 200 square feet of floor area.

3.Location. With the exception of regional shopping centers, accessory off-street surface parking lots shall not be located between a building and an adjacent street without an intervening building.

4.Screening. Off-street surface parking lots shall be screened from adjacent streets and sidewalks. Only perpendicular driveway crossings and delineated pedestrian paths shall be allowed through such screening. Screening shall incorporate screen wall extensions, berms, and/or vegetative fences or screening between the parking lot and the sidewalk(s) at a minimum height of 36 inches. The following additional screening controls shall apply:

a.Berms, vegetative fences or screening shall have a maximum height of 42 inches.

b.Screen wall extensions shall:

i.Be located predominantly parallel and congruent with the adjacent building façade;

ii.Be a maximum height of 12 feet; and

iii.Be a minimum of 50 percent permeable or articulated to avoid blank walls.

5.Shared or transferred off-street parking requirements.

a.Parking allocations for uses not involving alcohol beverage licenses may be shared or transferred offsite at the discretion of the director.

b.Parking allocations for uses with alcohol beverage licenses may be shared or transferred off-site at the discretion of the director upon a written determination that the applicant has established a valid shared or off-site parking arrangement which:

i.Meets all other criteria of section 16.25.002(3);

ii.Provides safe and permissible pedestrian circulation and access between the principal structure and off-site parking facilities at no more than 1,000 feet in horizontal walking distance as measured along areas dedicated to or permitted for pedestrian access;

iii.Shows that all shared or offsite parking spaces will be clearly marked and signed as reserved during specified hours; and

iv.Documentation include the following:

(1)A map drawn to scale that indicates the location of proposed parking spaces; and

(2)Copies of valid shared parking agreements.

Renewed agreements shall be filed with the office of planning.

6.Office uses, additional requirements. Any development providing more than 50,000 square feet of gross office space shall reserve and designate carpool and vanpool parking spaces with notification of such spaces to be provided to the Buckhead Area Transportation Management Association (BATMA) at the minimum ratios as follows:

i.Three percent of all parking spaces as "carpool only", but shall not be required to exceed seven such spaces, with a minimum of one such space to provide electrical conduit and infrastructure to encourage future access for electric vehicles.

ii.Two percent of all parking spaces as "vanpool only", but shall not be required to exceed three such spaces.

7.Transit station area. Within the transit station area, off-street parking spaces shall be permitted to be reserved and designated as "transit access only" parking. The allocation of such spaces shall be permitted without limit and shall be coordinated with the Buckhead Area Transportation Management Association (BATMA).

_______________________________________________________________________________________________ TABLE 9: SPI-12 BUCKHEAD/LENOX STATIONS PARKING TABLE MAXIMUM ALLOWABLE PARKING SPACES Child care centers, kindergartens and other special One space per 600 square feet of floor area; In schools addition to providing off-street parking, such establish-ments shall provide safe and convenient facilities for loading and unloading children, approved by the department of transportation Commercial recreation establishments, including bowl- One space for each 100 square feet of floor area ing alleys, theaters, convention halls, places of assembly, and similar uses, with primary activities conducted within fully enclosed buildings Drive-in, drive-through establishments See section 16-28.021 Tailoring, custom dressmaking, millinery and similar One space for each 300 square feet of floor area establishments Eating and drinking establishments—Indoor dining One space for each 200 square feet of floor area for and covered outdoor dining uses without alcoholic beverage license; One space for each 100 square feet of floor area for uses with alcoholic beverage licenses TABLE 9: SPI-12 BUCKHEAD/LENOX STATIONS PARKING TABLE MAXIMUM ALLOWABLE PARKING SPACES Eating and drinking establishments—Indoor dining One space for each 200 square feet of floor area for and covered outdoor dining uses without alcoholic beverage license; One space for each 100 square feet of floor area for uses with alcoholic beverage licenses Eating and drinking establishments—Uncovered If outdoor uncovered dining space is greater than 25 outdoor dining percent of the total gross floor area of the establish-ment, it shall provide a maximum of one additional space per 600 square feet for such accessory outdoor dining area Hotels One space per rental unit plus one-half space per employee and one space per 100 square feet of restaurant/lounge gross leasable area and one space per 300 square feet of other convention facilities Nursing homes One space for each four beds Office uses Two and one-half spaces for each 1,000 square feet of floor area Parking structures (as a primary use)

No parking requirement Personal care homes, assisted living facilities, continu- See section 16-08.007 for applicable ratios according ing care retirement communities and rehabilitation to the appropriate floor area ratio centers with a residential component Other recreation and entertainment uses One space for each 400 square feet of floor area Single-family dwellings, multi-family dwellings and Two spaces per unit plus one-half space for each unit supportive housing with three or more bedrooms + one-third space per unit for guest parking Retail establishments One space for each 200 square feet of floor area Public and private schools and institutions of higher One space for each four fixed seats (with 18 inches of learning, including colleges and universities bench length counted as one seat); or One space for each 35 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the follow-ing:

i.For elementary or middle schools: Two spaces for each classroom;

ii.For high schools: Four spaces for each classroom;

iii.For colleges and universities: Eight spaces for each classroom Accessory uses One space for each 300 square feet of floor area All other uses One space for each 200 square feet of floor area

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2020-33(20-O-1381), § 25, 6-23-20)

§ 16-18L.017

Minimum bicycle parking.

Sec. 16-18L.017. Minimum bicycle parking.

See section 16-28.014(6), Bicycle parking requirements. (Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2019-09(18-O-1581), § 12, 1-3119)

§ 16-18L.018

Transportation management plans.

Sec. 16-18L.018. Transportation management plans.

The office of buildings shall not issue any certificate of occupancy permits for any multifamily residential, office, or hotel development (including the sum of such uses in combination) having more than 25,000 square feet of gross floor area until such time the developer or their specified agent has submitted to the office of zoning a transportation management plan (TMP). This TMP shall contain strategies to reduce single occupancy vehicle trips generated by the project and shall be in accordance with the transportation management plant development guide, a document maintained by the Atlanta Department of Transportation.

Upon the face of the permit plans for improvement of real property subject to the TMP requirement, the applicant shall acknowledge by signature, for itself and successors and assigns on the permit plans, that it will satisfy the requirements of 16-18L.018 and certify which strategies will be used to reduce single occupancy vehicle trips.

A summary report of ongoing implementation of the TMP shall be submitted annually. (Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12; Ord. No. 2021-10(20-O-1723), § 3, 3-1021)

§ 16-18L.019

Roofs, bridges and tunnels.

Sec. 16-18L.019. Roofs, bridges and tunnels.

1.Roof surface. A minimum of 75 percent of roof surface that covers floor area and is not used for roof penetrations or on-site renewable energy power systems shall achieve a minimum initial Solar SRI of 78 for a low-sloped roof (less than or equal to 2:12) and a minimum initial SRI of 29 for a steep-sloped roof (more than 2:12).

2.Pedestrian bridges and tunnels and privately owned vehicular bridges and tunnels are prohibited when located above or below public streets, with the exception of tunnels for service and loading purposes. (Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12)

§ 16-18L.020

Incentivized developments.

Sec. 16-18L.020. Incentivized developments.

1.General. Development bonuses specified in this section shall be permitted for any development that meets the listed criteria for plaza areas or green development. However, no additional building height is permitted unless meeting all of the respective criteria for such plaza areas or green development as indicated below.

2.Plaza areas.

a.Location. Plaza areas eligible for the bonus provisions of this section are limited to one such location for each eligible plaza area delineated on Map Attachment "D" the SPI-12 Buckhead/Lenox Stations lncentivized Plazas Map.

b.Plaza areas as supplemental zones.

i.Shall be designed and located in accordance with the requirements for supplemental zones in section 16-18L.010.

ii.Shall have an overall scale and layout that delineates such areas as being unlike from the adjacent sidewalk areas.

iii.Shall front the primary sidewalklevel façade of at least one building.

iv.Shall be provided in addition to the total square footage of supplemental zones that would otherwise be required in the Table 6: SPI-12 Buckhead/Lenox Stations Supplemental Zone Table.

c.Size and incentives.

i.Plaza areas at a minimum size of 2,500 square feet. For such plaza areas, all open space calculations shall be fully satisfied in the required supplemental zones and Plaza area.

ii.Plaza areas at a minimum size of 5,000 square feet. In addition to the above plaza bonus for open space, for such plaza areas an additional building height of 50 feet shall be permitted in excess of the total building height as regulated in section 16-I8L.007(3)(e)(i) for portions of buildings which meet the following criteria:

(1)Located within 800 feet of the plaza area as measured along a walkable path;

(2)Immediately adjacent to the plaza area with no public streets separating them.

3.Green development.

a.To qualify for the green development incentives, such development shall:

i.Be in excess of 100,000 square feet of floor area;

ii.Utilize non-potable water sources for 100 percent of all outdoor water use;

iii.Provide verification of an Analysis of the City Energy Code that demonstrates ten percent reduction of energy use, in comparison to the City Energy Code requirements;

iv.Provide open space at least ten percent above open space requirements;

v.Provide a minimum of three electric vehicle charging stations.

b.Developments meeting all of the above criteria shall be entitled to either of the following opportunities:

i.An additional building height of 30 feet shall he permitted in excess of the total building height as regulated in section 16-18L.007(3)(e)(i).

ii.An expedited permitting process when in accordance with a formal "expedited permit program" as established by the office of buildings.

(Ord. No. 2012-23(12-O-0228), § 1(Attach. A), 5-30-12)

§ 16-18L.020 Supp. No. 80 4 4 MAP ATTACHMENT A SPI-12 BUCKHEAD/LENOX STATIONS DISTRICT STREET BOUNDARIES MAP

(Ord. No. 2012-23(12-O-0228), § 3, 5-30-12)

§ 16-18L.020 5 5 MAP ATTACHMENT B SPI-12 BUCKHEAD/LENOX STATIONS DISTRICT STREET FRAMEWORK MAP

(Ord. No. 2012-23(12-O-0228), § 5, 5-30-12)

Supp. No. 80 6 6 MAP ATTACHMENT C SPI-12 BUCKHEAD/LENOX STATIONS DISTRICT HEIGHT FRAMEWORK MAP

(Ord. No. 2012-23(12-O-0228), § 5, 5-30-12)

§ 16-18L.020 7 7 MAP ATTACHMENT D SPI-12 BUCKHEAD/LENOX STATIONS DISTRICT INCENTIVIED PLAZAS MAP

(Ord. No. 2012-23(12-O-0228), § 5, 5-30-12)

EXHIBIT X SPI-12 BUCKHEAD/LENOX STATIONS DISTRICT BLOCK AREA MAP

(Ord. No. 2012-23(12-O-0228), § 6, 5-30-12)

§ 16-18L.020 CHAPTER 18M. RESERVED* CHAPTER 18N. SPI-14 BERKELEY PARK DISTRICT REGULATIONS