Atlanta › Land Development Code — Part III

Part 16, Chapter 18Q — SPI-17 Piedmont Avenue Special Public Interest District Regulations

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§ 16-18Q.001

Scope of provisions.

Sec. 16-18Q.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 for the SPI-17 Piedmont Avenue Special Public Interest (SPI) District. These regulations shall supplant existing districts or portions of existing districts as shown on the attached map referenced in Section 16-18Q.003, except as provided herein.

All attachments referenced in these regulations are attached to the ordinance adopting these regulations. Said ordinance, including all exhibits and attachments, is a public record available for public inspection in the office of the Atlanta Municipal Clerk. The ordinance is also available for public inspection on "final action legislation" link on the City Council's website.

All existing categories of historic protection designated pursuant to chapter 20 of Part 16 shall continue in full force and effect and said existing historic protection regulations shall be overlaid upon, and shall be imposed in addition to, the regulations set forth in this chapter. Whenever the following regulations are at variance with said existing historic protection regulations, the historic protection regulations shall *Editor’s note—Ord. No. 2022-08(22-O-1060), § 1(Exh. A), adopted April 27, 2022, repealed the former Ch. 18Q, §§ 16-18Q.001—16-18Q.028, and enacted a new Ch. 18Q as set out herein. The former Ch. 18Q pertained to similar subject matter and derived from Ord. No. 2001-85, § 1, adopted Nov. 14, 2001; Ord. No. 2004-53, § 25A, adopted Aug. 20, 2004; Ord. No. 2005-21, §§ 1, 2, adopted March 25, 2005; Ord. No. 2005-41(06-O-0381), §§ 39, 40, 41, adopted July 12, 2005; Ord. No. 2008-67(08-O-0196), §§ 10, 9, adopted July 21, 2008; Ord. No. 2009-24(08-O-1251), § 2T, adopted June 9, 2009; Ord. No. 2009-76(09-O-1402), §§ 5, 6, adopted Dec. 15, 2009; Ord. No. 2011-39(10-O-1773), § 3Y, adopted Sept. 15, 2011; Ord. No. 2014-22(14-O-1092), §§ 2DD-i—2-DD-iv, adopted June 11, 2014; Ord. No. 2014-53(14O-1278), § 2(Attach. B), adopted Dec. 10, 2014; Ord. No. 2019-09(18-O-1581), §§ 10.14, 12, adopted Jan. 31, 2019; Ord. No. 2019-66(19-O-1504), § 15, adopted Dec. 11, 2019; Ord. No. 2020-33(20-O-1381), §§ 32, 33, adopted June 23, 2020; Ord. No. 2020-58(19-O-1393), §§ 39, 40, 41, adopted Oct. 28, 2020; Ord. No. 2021-60(21-O-0682), § 37, adopted Dec. 15, 2021.

apply. Whenever the following regulations conflict with provisions of Part 16 other than historic protection regulations, the more stringent regulation shall apply. (Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.002

Statement of intent.

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

The intent of the council in establishing and updating the SPI-17 Piedmont Avenue Special Public Interest District as a zoning district is as follows:

1.Implement provisions of the Comprehensive Development Plan incorporating certain recommendations contained in studies of this area including the 2016 comprehensive study known as Midtown Garden District Master Plan;

2.To provide, through the administration of specific standards and criteria, that new development achieves architectural, site and street design consistent with the existing historic built environment;

3.Improve the aesthetics of the built environment;

4.Facilitate safe, pleasant, and convenient pedestrian circulation and minimize conflict between pedestrians and vehicles;

5.To encourage owner occupancy and retention of single-family and low-density family residential structures compatible with the character of the Midtown residential neighborhood;

6.To develop an appropriate transition between higher densities in Midtown SPI-16 district to the west of Piedmont Avenue and lower densities in Midtown residential area along and east of Piedmont Avenue, in such a way as to reinforce visual continuities, urban design linkages, appropriate transportation corridors, and neighborhood street patterns;

7.To provide appropriate and distinct entrances into the Midtown neighborhood to the east;

8.To require general compatibility between and among new structures and historic buildings within the Piedmont Avenue Special Public Interest District;

9.To provide and protect existing single and low-density residential housing along Piedmont Avenue that does not detract from adjacent single-family housing.

10.Prevent encroachment of incompatible commercial uses and parking into residential neighborhoods;

11.Protect the historic character of Piedmont Avenue and the adjoining residential neighborhoods;

12.To protect and enhance traditional buildings and uses within the 10th Street commercial node by retaining historic structures and uses and encouraging the redevelopment of non-historic properties compatible with historic structures.

(Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.003

Boundaries of district established.

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

The boundaries of the SPI-17 Piedmont Avenue Special Public Interest District are shown on map attachment B which by this reference is incorporated into and made a part of this chapter and this part. The Piedmont Avenue Special Public Interest District is divided into four subareas as shown on said map attachment B and are described as follows:

Subarea 1: 14th and Piedmont.

Subarea 2: Piedmont North.

Subarea 3: 10th and Piedmont.

Subarea 4: Piedmont South. (Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.004

Application procedures.

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

1.A special administrative permit (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 office of zoning and development prior to filing for a building permit. All exterior demolition, new construction (including additions to existing buildings), new or expanded outdoor dining, or work which results in increased lot coverage, modification of the building footprint, or modification of building facades that would reduce the configuration of street facing openings, shall be subject to said SAP approval. All applications for a SAP shall be processed in accordance with the standards and procedures contained in Chapter 25 of Part 16 except as otherwise modified by this Chapter 18Q. No SAP shall be issued until after such time any other required special use permit or board of zoning adjustment action has been obtained.

2.In addition to SAP submittal as specified above, the applicant shall also provide one copy of the full SAP application to the appropriate neighborhood planning unit (NPU) chair or their designee for the purpose of notification and comment. Said appropriate NPU shall have a period of 21 days from the date of the mailing to provide a set of written comments to the bureau of planning for their consideration prior to any SAP approval.

3.Administrative variations: As part of general action when plans require approval of an SAP, the office of zoning and development may authorize variations from regulations generally applying based on written findings, to be filed as a public record, that either:

a.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

b.In the 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.

c.Notwithstanding any provision in this chapter or part to the contrary, no administrative variation shall be authorized for those listed in Section 16-18Q.009 for the board of zoning adjustments.

4.The office of zoning and development may exempt certain classes of applications for SAPs from detailed review requirements as set forth upon written findings that generally within these districts, the actions proposed are of such a character or scale as to make detailed reviews and approval unnecessary. Where applications for special administrative permits are determined by reference to such findings to be thus exempted, the permit shall be issued if otherwise lawful.

5.For the purposes of this chapter, a unified development plan approved under a single SAP and meeting all floor area ratio requirements, open space requirements, and off-street parking requirements, may be subdivided, even if the resultant parcels do not otherwise meet these requirements. Any changes from the approved SAP shall require a new or amended SAP, which shall be based on the geographic extent of the original SAP and shall meet floor area ratio requirements, open space requirements, and offstreet parking requirements of such; and shall indicate built or planned improvements on the original parcel(s). Where a single property owner no longer owns all parcels, the applicant shall obtain authorization from all property owners prior to permit submittal. (Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.005

Permitted principal uses and structures.

Sec. 16-18Q.005. Permitted principal uses and structures.

1.The permitted principal uses and special permit uses in Table 1: SPI-17 Piedmont Avenue Table of Uses shall be permitted only as listed within each subarea within said table of uses and only in the manner 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-17 Piedmont Avenue Table of Uses. Those listed with a "P*" in Table 1: SPI-17 Piedmont Avenue Table of Uses are allowed provided meeting the associated criteria listed.

3.Special use permits: Special use permits shall be required as indicated with "SUP" in Table 1: SPI-17 Piedmont Avenue Table of Uses. These uses are permissible subject to limitations and requirements noted elsewhere in this chapter and in Section 16-25.

4.Prohibited uses and structures:

a.All uses marked with an "X" in Table 1: SPI-17 Table of Uses shall be prohibited in the subarea(s) identified. All other uses not listed in said Table 1: SPI-17 Table of Uses shall be considered prohibited in all district subareas.

b.Drive-through and drive-in facilities including any fuel service stations are prohibited.

c.Pedestrian bridges and tunnels are prohibited when located above public streets or private streets which function as public streets.

SPI-17 Piedmont Avenue: Table of Uses (§16-18Q.005; columns = the 4 SPI-17 subareas; P=permitted, P*=permitted subject to the size/room limit noted in the cell, SUP=special use permit, SUP*=special use permit subject to the noted limit, SAP=special administrative permit, X=not permitted)

Use	Subarea 1: 14th & Piedmont	Subarea 2: Piedmont North	Subarea 3: 10th & Piedmont	Subarea 4: Piedmont South
Nursing Homes/ Personal Care Homes / Assisted Living Facilities/ Rehabilitation Centers	SUP	SUP	SUP	SUP
Residential dwelling(s) (other than those defined as a Party House)	P	P	P	P
Defined as a Party House	X	X	X	X
Supportive Housing	P	P	P	P
Bed & Breakfast Inn	X	X	X	P
Hotels & Motels Lodging	X	X	SUP*	X
Banks/Financial Institutions	X	X	P*	X
Bakeries/Catering Establishments	X	X	P*	X
Commercial Recreation	X	X	P*	X
Dry Cleaning (Pick up and drop off only - no treatment on-site allowed)	X	P*	P*	X
Eating and Drinking Establishments (other than those defined as Nightclub or Lounge in Chapter 10 - Alcoholic Beverages)	X	SUP*	P*	X
Defined as a Nightclub or Lounge in Chapter 10 - Alcoholic Beverages	X	X	X	X
Grocery Store (but not a defined Small Discount Variety Store)	P	P*	X	X
Laundry/Tailoring	X	P*	P*	X
Professional/Personal Services including Barber/ Beauty Shops	X	P*	P*	X
Retail Establishments	X	P*	P*	X
Sales and Repair Establishments (but not auto sales & repair)	X	P*	P*	X
Childcare Centers	SUP	SUP	SUP	SUP
Religious Worship Facilities (and their ministries including Farmer's Markets)	SUP	SUP	SUP	SUP
Museums/Galleries/Libraries	X	X	P*	X
Public and Private Schools	X	SUP	SUP	X
Medical/Dental Office or Clinic (*Any Veterinary Clinic must be in soundproof building)	X	P*	P*	X
Offices (other than Medical/Dental Office or Clinic)	X	P*	P*	X
Broadcast Telecommunication Towers	X	X	SUP	X
Farmers Markets	X	P	P	X
Market Gardens	P	P	P	P
Outdoor amusement enterprises, entertainment, music venues, meetings, or sales areas — 90 days duration or less	X	SAP	SAP	X
Outdoor amusement enterprises, entertainment, music venues, meetings, or sales areas — 90 days duration or more	X	SUP	SUP	X
Park-for-hire surface parking lots	X	X	X	X
Structures/Uses for MARTA	P	P	P	P
Urban Gardens	P	P	P	P

5.Exclusions: No use or manner of operation shall be permitted which is obnoxious or offensive by reason of odor, smoke, noise, glare, fumes, gas, vibration, unusual danger of fire or explosion, emission of particulate matter, or interference with radio or television communication, or is otherwise incompatible with the character of the district.

6.Use enclosure requirements:

a.Outdoor displays of merchandise are prohibited in sidewalk street furniture zones or clear zones.

b.When located within a supplemental zone, outdoor displays of merchandise are allowed provided that all items are removed and placed inside a fully enclosed structure at the end of daily business.

7.Transfer of development rights: Transfer of development rights is permissible via special use permit provided meeting the criteria found in Section 16-28.023. Both the sending and receiving properties must be located within either SPI-16 (Midtown Special Public Interest District) or this SPI-17 (Piedmont Avenue Special Public Interest District) whereas for purposes of Section 16-28.023, properties shall be deemed to be closely proximate if both lie within either of these districts. (Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

Grid rebuilt from the published table · verbatim source ↗

§ 16-18Q.006

Permitted accessory uses and structures.

Sec. 16-18Q.006. Permitted accessory uses and structures.

1.Accessory uses and structures permitted within this district shall include those customarily accessory and clearly incidental to permitted principal uses and structures and specifically include clubhouses, pools (and other recreation amenities), pet amenities, bike parking and pair, auto parking to serve authorized uses, outdoor dining, exhibits and displays (without commercial sales transactions) and electric vehicle charging stations equipped with Level 1, Level 2, and/or DC Fast Charge EVSE.

2.Within Subarea 4: Accessory buildings or structures shall meet the following criteria:

a.Location: Shall be placed to the rear of the main structure and, unless adjacent to an alley, shall meet all setbacks (unless given approval by the City's Board of Zoning Adjustment);

b.Coverage: The building footprint shall not cover more than 25 percent of the rear yard;

c.Height: Shall not exceed the lessor of 24 feet in height or the height of the main structure, whichever lesser;

d.Density: Shall not exceed a floor area of 30 percent of the main structure; and

e.Concurrency: Construction and occupancy of a principal building shall occur concurrent or ahead of construction and occupancy for an accessory building.

(Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.007

Redevelopment requirements.

Sec. 16-18Q.007. Redevelopment requirements.

Any property wherein 60 percent or greater of the principal building is removed or destroyed by any means shall be redeveloped in accordance with the requirements of this chapter and any paving or other accessory structural elements within any required transitional yard shall be removed and buffers provided as required herein, notwithstanding any other provisions in Part 16 to the contrary. (Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.008

Transitional uses and yards.

Sec. 16-18Q.008. Transitional uses and yards.

1.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 16-18Q.009(1)(b) below and extending inward over the SPI-17 district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this subsection 16-18Q.009(1).

i.R-1 through R-5;

ii.RG-1 through RG-3;

iii.MR-1 through MR-3 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-17 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required SPI-17 setback or transitional yard adjoining the common property line with such protected district.

ii.For parcels in an SPI-17 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

§ 16-18Q.011

Open space requirements.

Sec. 16-18Q.011. Open space requirements.

1.Required open space: The minimum required open space, as defined in Section 16-18Q.010(2), shall be a percentage of the gross lot area (GLA) and as noted in Table 3: SPI-17 Open Space Table below. In the case of a mixed-use development the required open space shall be the greatest square footage of open space applicable to that component so that any lesser square footage of open space of any other component does not apply.

2.For the purposes of this chapter, open space shall be defined in Section 16-28.010(5.a) except any balconies for residential units above sidewalklevel shall not count toward open space. Any of the following may count as open space:

a.Required yards on private property including planted areas, fountains, plazas, hard-scape elements related to walkways, sidewalks and plazas, and similar features;

b.Required portions of sidewalk widths on private property;

c.Any supplemental zone area(s) which meets Section 16-18Q.013;

d.Any portion of a low-sloped roof (less than or equal to 2:12) designed for vegetation;

e.Any new on-street parking if:

i.On-street parking currently does not exist in the public right-of-way adjacent to the project area for which credit is sought; and

ii.The new on-street parking is located where there is no existing street lane.

Table 3: SPI-17 Open Space Table Residential & Lodging Uses Non-Residential Uses 14th & Piedmont (SA-1)

25% 20% Piedmont North (SA-2)

25% 20%

(Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-27-22)

10th & Piedmont (SA-3)

25% 20% Piedmont South (SA-4)

30% 20%

§ 16-18Q.012

Sidewalks.

Sec. 16-18Q.012. Sidewalks.

Public sidewalks shall consist of two zones: a street furniture zone and a clear zone. Each zone shall be located along all public streets as noted in Table 4: SPI-17 Sidewalk Table and is subject to the following:

1.Street furniture zone requirements: Said zone shall be continuous and located adjacent to granite curbing and shall meet tree planting requirements of Section 16-18Q.012(2) below. The area between tree planting areas shall either be planted with evergreen ground cover such as mondo grass or a liriope species or shall be constructed in accordance with the Midtown Streetscape Plan. In addition, this zone may be used for street furniture specified by the office of zoning and development in coordination with the city's department of transportation and accordance with the Midtown Streetscape Plan. This furniture may include trash receptacles, traffic signs, bus shelters, bicycle racks, benches, tree fencing, and utility poles (where allowed) or similar elements in accordance with uniform design standards utilized for the placement of such objects in the public right-of-way in a manner that does not obstruct pedestrian access or motorist visibility.

2.Street tree requirements: Street trees are required to be installed within the street furniture zone spaced equidistant between streetlights as specified in the Table 4: SPI-17 Sidewalk Table below and in accordance with the Midtown Streetscape Plan. All newly planted trees shall be single stemmed with a minimum of three inches in caliper measured 36 inches above ground, at least 12 feet in height and limbed up to a minimum height of seven feet. Trees shall and have a minimum planting area of 40 square feet planted with evergreen ground cover such as mondo grass or a liriope species. All plantings, including replacement and removal, shall be approved by the city arborist. Tree grates are prohibited.

3.Streetlight requirements: Street lights that meet a standard Atlanta type as approved by the Office of Zoning and Development are required to be installed within the street furniture zone spaced equidistant between required street trees as specified in the Table 4: SPI-17 Sidewalk Table. See also lighting requirements in Secction 16-18Q.010(4).

4.Clear zone requirements: Said zone shall be continuous standard concrete hardscape located contiguous to the street furniture zone at widths specified in the Table 4: SPI-17 Sidewalk Table above. The clear zone shall be unobstructed by any permanent or non-permanent element to a minimum height of ten feet. No awning or canopy shall encroach into the clear zone. Where property within this district abuts another district without an intervening street, the sidewalk shall taper as necessary to provide a smooth transition to the abutting district sidewalk. If the abutting district has no existing sidewalk, the sidewalk shall taper to a width of six feet.

5.Visibility triangles: Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility within visibility triangles at street intersections between the heights of 2" feet and eight feet above grade. See also Section 16-28.009: Visibility at Intersections.

6.Overhead utilities: Every reasonable effort shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks.

7.Outdoor dining within the street furniture and clear zones: Buildings existing prior to 2001 with sidewalks not meeting the requirements of this chapter may have outdoor dining encroaching into such zones provided the following criteria are met:

a.All streets shall have a minimum six (6) feet of unobstructed sidewalk area adjacent to the curb; and

b.No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way; and

c.At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter.

Table 4: SPI-17 Sidewalk Table Subarea 1: 14th & Piedmont Subarea 2: Piedmont North Subarea 3: 10th & Piedmont Subarea 4: Piedmont South Min. Street Furniture 5' 5' 5' 3' (match existing pave-Zone Width ment material/pattern)

Street Tree Planting Maximum Spacing 40' on-center 40' on-center 40' on-center 40' on-center Street Lighting Maximum Spacing 40' on-center 40' on-center 40' on-center 40' on-center Min. Clear Zone Width 10' 10' 10' 6' (match existing pave-ment material/pattern)

Min. Supplemental 15' with min. 5' of 15' with min. 5' of 5' 30' Zone Width landscaping adjacent to landscaping adjacent to the clear zone1 the clear zone1 Min. Street Facing 30' 30' 20' 39' Setback 1 Pedestrian walkways to entries are allowed perpendicular to the street within the min. 5' required landscaping.

(Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-27-22)

§ 16-18Q.013

Supplemental zone.

Sec. 16-18Q.013. Supplemental zone.

For purposes of these regulations, the supplemental zone is defined as the area between a clear sidewalk zone and any building façade line or parking lot when no intervening building exists. Supplemental zones shall meet the widths as specified in the Table 4: SPI-17 Sidewalk Table above and the following requirements:

1.When sidewalk level residential units are provided the supplemental zone shall be landscaped except for terraces, porches, stoops, stairs and walkways. Such landscaped areas shall occupy a minimum of two-thirds of the supplemental zone area.

2.The supplemental zone shall be no more than 30 inches above finished grade unless existing topography requires a greater height.

3.Terraces, porches and stoops shall have a maximum finished floor height of 36 inches above finished grade, unless existing topography requires a greater height.

4.Walls, as defined in Section 16-29.001(25), shall not be allowed between the street and any uilding except for retaining walls which shall be no more than 36 inches in height unless existing topography requires retaining walls of a greater height. Any retaining walls shall be finished poured concrete or shall be faced with stone, brick, or smooth stucco.

5.Fencing and similar barriers, as defined in Section 16-29.001(25), shall only be permitted up to 42 inches in height (including any plant material) in a supplemental zone and only for sidewalk level residential uses or to separate authorized outdoor dining. Such outdoor dining may only be separated by nonfixed fencing (or similar barriers or movable planters). Other fencing is otherwise prohibited when located between the street and any building.

6.The area contained within the defined supplemental zone, except for any automobile driveways and/or parking, may be counted toward the open space requirements found in Section 16-18Q.011.

7.Within Subarea 1: The supplemental zone shall include one or more shade trees as approved by the City Arborist at a ratio of the greater of either: a) one tree; or b) one tree for each 500 square feet of supplemental zone area. Such tree(s) shall have a min. mature height of 50 feet.

8.Within Subarea 4: The supplemental zone shall meet the following criteria:

a.Coverage: No more that 25 percent of the supplemental zone area shall be utilized for automobile parking and/or a driveway.

b.Trees: A minimum of one shade tree as approved by the City Arborist shall be provided. Such tree(s) shall have a min. mature height of 50 feet.

c.Vegetation: Shrubs, hedges (and similar) if installed within ten feet of a sidewalk, shall have a maximum maintained height of 42 inches.

(Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.014

Relationship of building to street.

Sec. 16-18Q.014. Relationship of building to street.

1.For purposes of this chapter, sidewalk level shall be defined as any floor of a building with a finished-floor elevation less than or equal to five feet above and below the adjacent sidewalk (or street if no sidewalk is existing).

2.Building floors shall be delineated from the third story above sidewalk level down to each sidewalk level and shall be executed through windows, belt courses, cornice lines and/or similar architectural detailing.

3.General sidewalk level building façade requirements:

a.Active uses along all streets shall be provided as indicated in Table 1: SPI-17 Table of Uses in Section 16-18Q.005, to a minimum depth of 40 feet for nonresidential uses and 20 feet for residential uses beginning at any sidewalk level street facing building façade except when topographical conditions prevent such treatment. These active uses shall be internally illuminated and serviced by plumbing, heating, and electricity and are limited to uses set forth in Table 1: SPI-17 Table of Uses, with the following exceptions which also shall be allowed:

i.Fire command and transformer (or similar electrical) rooms, each not exceeding 10 feet of street fronting façade length; and

ii.Structures required for public transit.

b.The primary street fronting pedestrian entrance for sidewalk level uses:

i.Shall face, be visible and accessible from the clear zone sidewalk with a minimum of five feet wide pedestrian walkway; and

ii.Shall have a minimum six inch high street address located directly near the primary building entrance clearly visible from the sidewalk.

iii.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.

c.Residential uses which do not have street frontage shall be linked to the public sidewalk with a minimum four feet wide pedestrian walkway.

4.Fenestration requirements: Street-fronting sidewalk level building façades, except churches/ religious institutions, fire stations & MARTA uses, shall meet the following requirements:

a.Length: Fenestration and entrances shall be provided for a minimum of the horizontal length of each street-fronting sidewalk-level façade, as designated in the Table 5: SPI-17 Street Activation Table. The length of façade without intervening fenestration or entryways shall not exceed 20 feet.

b.Surface treatment and visibility: 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 having visibility into the building for a minimum depth of ten feet as measured from the interior windowpane. Painted glass, reflective glass or other similarly treated or opaque windows are prohibited.

c.Residential uses: Fenestration and entrances shall have windows at a minimum of four feet in height.

d.Non-residential uses: Fenestration and entrances shall be measured beginning at a point not more than 36 inches above the required sidewalk to a height at least ten feet above the sidewalk unless:

i.When the finished floor elevation is 36 or more inches above the sidewalk: Beginning at finished floor elevation to at least ten feet above the finished floor elevation; or

ii.When the finished floor elevation is below the sidewalk: Beginning at a point not higher than six inches above the adjacent sidewalk to at least ten feet above the finished floor elevation.

Table 5: SPI-17 Street Activation Table Use (as further regulated in Table 1: SPI-17 Table of Uses)

Outdoor Facilities including: Farmer's Markets, Market Gardens, Urban Gardens Outdoor amusement enterprises, entertainment, music venues, meetings or sales areas.

Residential dwellings Bed & Breakfast Inn Childcare Centers Churches/Religious Facilities Clubs/Lodges Hotel & Motel Lodging Nursing Homes/ Personal Care Homes / Assisted Living Facilities/ Rehabilitation Centers Supportive Housing Veterinary All other uses (allowed in Table 1 in Section 16-18Q.005 but not listed above):

Min. Fenestration (as % of street level façade) None - Not Applicable 30% 65%

(Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722; Ord. No. 2026-05(26-O-1001), § 9, 2-25-26)

§ 16-18Q.015

Signage.

Sec. 16-18Q.015. Signage.

Refer to Section 16-28A. Sign Ordinance and Section 16-18Q.017(9) below. (Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.016

Off-street loading requirements, dumpsters and building mechanical and accessory features.

Sec. 16-18Q.016. Off-street loading requirements, dumpsters and building mechanical and accessory features.

1.The off-street loading requirements for this district are as shown in the table in Section 16-28.015, Off-Street Loading Requirements. See the specific screening requirements below.

2.Loading area and dock screening:

a.Loading areas shall be screened so as not to be visible from any public plaza, outdoor dining area, public sidewalk or public right-of-way with the exception of hotel uses. Hotel uses may utilize on-street loading if orientated predominately parallel to the adjacent right-of-way and located fully outside any existing public driving lane and at least partially on private property at a maximum length of 60 feet as permitted by the Department of Public Works.

b.Loading dock entrances shall be screened so that loading docks and related activity are not visible from the public right-ofway when not in use.

3.Dumpsters and trash areas: Dumpsters and trash areas shall be screened so as not to be visible from any public plaza, outdoor dining area, public sidewalk or public right-of-way and if otherwise visible shall be enclosed with opaque walls six feet in height.

4.Building mechanical and accessory features: Shall be in the location of least visibility from the public right-of-way. If located to the side or rear of the principal structure, screening with plant or fence materials shall be required. When located on rooftops, said features shall be incorporated in the design of the building and/or screened with building materials similar to those of the building. (Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.017

Curb cuts and parking structures.

Sec. 16-18Q.017. Curb cuts and parking structures.

1.Sidewalks at curbcuts and driveways: All sidewalk paving materials shall be continued across any intervening driveway. On each side of the continuous sidewalk a band of textured concrete shall be provided located both in-line with and equal in width to the street furniture zone and in-line with the supplemental zone or building façade at a minimum five feet width.

2.Curbcut restrictions:

a.If fronting Piedmont Avenue: No vehicular entrances to properties fronting along Piedmont Avenue are allowed when access may be provided from a side or rear street, except for either: a) hotel or b) bed and breakfast uses.

b.If not fronting Piedmont Avenue: No more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have two curb cuts.

3.Curbcut widths: Curb cuts shall be limited in width at the sidewalk to 12 feet for one-way entrances and 24 feet for two-way entrances unless a greater width is approved by the Department of Public Works upon its finding of necessity of such a greater width.

4.Driveway and vehicular services configuration:

a.Driveways shall be predominately perpendicular to any adjacent street, except for hotel uses which may have circular drives for the purpose of drop-off and pick-up. Driveways predominately parallel to the street are otherwise prohibited.

b.Entrances to garages and carports that serve one or more contiguous sidewalklevel residential units only shall share one common drive with any garages and carports facing rear or side yards having no street frontage.

c.Drive-through and drive-in facilities (including any fuel service) shall be prohibited.

5.Shared access: Notwithstanding the provisions of Section 16-28.006(10), a common or joint driveway may be authorized when adjacent lots have direct vehicular access to a publicly accessible street and a perpetual easement agreement is agreed upon by all affected property owners and included in the SAP application.

6.Drop-off lanes: No drop-off lanes shall be permitted along public streets except for hotel uses as approved by the department of public works.

7.Parking structure public screening: In addition to Section 16-28.028, parking structures shall have the following additional requirements:

a.At a height of 20 feet or less above finished grade which faces any public or private street shall meet Section 16-18Q.014(3)(a) to provide an intervening building having conditioned habitable space along the length of such parking structure.

b.At a height of 20 feet or more above finished grade which faces any public or private street shall provide either:

i.An intervening building at average depth of 20 feet having conditioned habitable space along the length of such parking structure; or

ii.All openings of the parking structure shall be fully screened from view from adjacent public or private streets so that cars, sloped ramps, and interior deck lighting are not visible from adjacent streets. In addition, the façade design of said parking structure shall be compatible with the principal building in terms of architectural style, texture, quality and material; and

c.Side or rear yard facing parking deck façades that are exposed and visible from a public street, shall screen such visible portions of the parking deck utilizing the parking deck screening regulations provided in Section 16-28.028(1)(b)(ii).

8.Parking structure buffers: Along all nonstreet facing sides of parking structures a minimum ten feet wide continuous landscaped strip shall be provided between the structure and the property line(s). This landscaped strip shall be planted with a combination of trees and evergreen ground cover such as mondo grass, liriope species, ivy or shrubs with all plantings to be approved by the city arborist.

9.Public parking signage: Parking facilities providing public parking spaces shall provide standard signage indicating public parking in accordance with the Midtown standard in coordination with the City of Atlanta.

10.Pedestrian walkways from parking: All sidewalk level parking, including parking decks, shall have walkways a minimum width of four feet connecting such parking to the public sidewalks and to building entrances. (Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.018

Bicycle parking requirements.

Sec. 16-18Q.018. Bicycle parking requirements.

See Section 16-28.014(6), Bicycle parking requirements. (Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

§ 16-18Q.019

Vehicular off-street parking requirements.

Sec. 16-18Q.019. Vehicular off-street parking requirements.

In addition to the provisions of Section 16-28.008(7), Sections 16-28.013 and 16-28.014, the vehicular parking requirements set forth in § 16-18Q.019 Table 6: SPI-17 Off Street Parking Requirements shall apply and are further subject to subsections 1 through 2 below:

Table 6: SPI-17 Off-Street Parking Requirements Use Minimum Spaces Maximum Spaces1 Residential / Housing Residential - single-family and two-family Personal Care Home Supportive Housing No minimum 1.0 per bedroom Residential - multi-family No minimum 1.o per bedroom and 2.o per 2+ bedrooms Nursing homes, convalescent homes and similar care facilities 1.0 per each 4 bedrooms 1.0 per each 2 bedrooms Lodging Bed and Breakfast Inn 0.5 per rental room, plus 1 per manager 1 per rental room, plus 1 per manager Hotel & Motel Lodging (not including eating and 0.5 per rental room, plus 1/300 s.f. 1 per rental room, plus 1/200 s.f.

drinking establishment) convention (assembly) facilities convention (assembly) facilities Commercial Professional/Personal Services (including Barber/ Beauty Shops) Grocery Stores Small Discount Variety Stores 1/ 100 s.f.

15 / 1,000 s.f.

Commercial Recreation 1/ 100 s.f.

30/ 1000 s.f.

Eating & Drinking Establishments Indoor Dining 1/ 100 s.f.

15 / 1,000 s.f.

Eating & Drinking Establishments - Outdoor Dining 1/ 200 s.f 20 / 1,000 s.f.

Retail Establishments 1 /200 s.f.

7.5 / 1,000 s.f.

Other Commercial Uses - not listed in the Commercial category above 1 /200 s.f.

7.5 / 1,000 s.f.

Institutional /Specialty Child Care Centers (shall also provide safe and convenient facilities for loading and unloading children, as approved by the Atlanta Department of Transportation)

One space for each onsite staff member plus 1 space for each classroom One space for each onsite staff member plus 2.0 spaces for each classroom Churches/Religious Facilities The greater of: One space for each six fixed seats with 18 inches if bench length counted as one seat; or one space for each 50 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room.

50% more than the minimum spaces prescribed at left.

Clubs/Lodges 1/ 100 s.f.

No maximum Museums/Galleries/Libraries 1/ 100 s.f.

No maximum Other Institutional / Specialty uses allowed See below 'Uses Requiring a Special Permit (not listed above)' No maximum Office Medical/Dental Office or Clinic 1/ 200 s.f.

9 / 1,000 s.f. (may be shared with other uses)

Offices 1/ 250 s.f.

4.0 / 1,000 s.f. (may be shared with other uses)

Outdoor/ Utility Outdoor / Utility uses allowed No minimum No maximum Uses Requiring a Special Use Permit (not listed above)

All other uses allowed by Special Use Permit, which are not specified in this Table shall provide off-street parking based on the parameters and applicable conditions of the required special use permit.

Use Minimum Spaces Maximum Spaces1 Electric/Alternative Fuel Vehicle Charging Stations All parking facilities shall provide electrical vehicle charging stations 1 station for every 50 automobile parking spaces No maximum 1Parking spaces provided in excess of the parking requirements above shall only be allowed as park-for-hire spaces located within a parking structure.

1.Off-street surface parking:

a.Shall not be located closer to a street than any on-site building façade and shall not occupy more than 50 percent of any street frontage parcel length.

b.Shall be accessory to a permitted principal use only, provided that parking spaces serving another principal permitted use may use such facility for shared parking as specified above.

c.Park-for-hire surface parking lot(s) as a principal use are prohibited.

2.Parking, lighting, security, landscaping, and maintenance. All surface parking lots and structures, whether a principle or accessory use, shall meet the following requirements:

a.Lighting shall be provided throughout all parking facilities to equal a minimum of one-half footcandle of light but shall reduce light spillage onto adjacent properties by providing cutoff luminaries with a maximum 90-degree illumination. For parking structures ingress and egress points such lighting shall be a minimum of one footcandle of light. Where applicable, public and other ambient lighting may be utilized to fulfill these lighting requirements; however, if removed it shall be required to independently provide these required levels of illumination.

b.Surface parking lots: The requirements of City of Atlanta Chapter 158 Vegetation, Article II Tree Protection, Section 30 Parking lot requirements shall apply to this district regardless of the size of the lot.

c.Parking facilities shall be maintained in a clean, safe, and sanitary condition with parking spaces and driving lanes clearly defined and maintained. See also Section 16-28.014 for additional requirements.

(Ord. No. 2022-08(22-O-1060), § 1(Exh. A), 4-2722)

CHAPTER 16-18R. SPI-18 MECHANICSVILLE NEIGHBORHOOD SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS*

§ 16-18Q.027

Specific regulations for Subarea 3: 10th and Piedmont.

Sec. 16-18Q.027. Specific regulations for Subarea 3: 10th and Piedmont.

1.Permitted uses. In addition to those uses authorized in section 16-18Q.005, a building or premises may be used for the following permitted uses and structures:

a.The following commercial uses are authorized provided they do not exceed 2,000 square feet of floor area and subject to the restrictions below:

i.Bakeries and catering establishments.

ii.Eating and drinking establishments, including those licensed for the onpremises consumption of malt beverages, wine and/or distilled spirits.

iii.Laundry and dry cleaning collection stations, laundry and dry cleaning establishments where customers operate equipment.

iv.Tailoring, custom dressmaking, and millinery.

b.The following commercial uses are authorized provided they do not exceed 5,000 square feet of floor area and subject to the restrictions below:

i.Clubs and lodges.

ii.Museums, galleries, auditoriums, libraries and similar cultural facilities.

iii.Repair establishments for home appliances, bicycles, shoes, clocks and similar household goods, with the exception of motorized vehicles.

iv.Retail establishments and grocery stores.

c.The following commercial uses are authorized provided they do not exceed 8,000 square feet of floor area and subject to the restrictions below:

i.Banks, savings and loan associations, and similar financial institutions but not including any drive-in service window, except walk-up automatic teller machines and night drop.

ii.Barber shops, beauty shops, manicure shops and similar personal service establishments.

iii.Commercial recreational establishments, including bowling alleys, theaters, convention halls, places of assembly and similar uses with primary activities conducted within fully enclosed buildings.

iv.Offices, studios, clinics (including veterinary), laboratories and similar uses, but not blood donor stations except at hospitals. Veterinary clinics including all kennels and accessory areas shall be enclosed within soundproof buildings.

v.Professional or personal service establishments.

d.All commercial sales and service shall be conducted within enclosed permanent structures and there shall be no unenclosed displays of merchandise with the exception of market gardens, offstreet parking and outdoor dining. Unenclosed outdoor sales or displays are permissible only by special permit as set forth below.

e.Market gardens.

2.Special permits. The following uses are permissible only by special permits subject to limitations and requirements set forth herein or elsewhere in this part, subject to the procedures and requirements set forth in sections 16-18Q.005 and 16-25.004:

a.Special use permits.

i.Accessory outdoor dining in use after 11 p.m. for eating and drinking establishments.

ii.Broadcasting towers and line-ofsight relay devices for telephonic, radio or television communications greater than 70 feet in height, except alternative design mounting structures as contemplated by section 16-25.002(3)(h)(iv)(i).

iii.Eating and drinking establishments greater than 2,000 square feet of floor area, including those licensed for the on-premises consumption of malt beverages, wine and/or distilled spirits.

iv.Hotels containing no more than 30 rooms. Further, said hotels shall contain no more than 500 square feet of meeting facilities and no hotels shall be located within 500 feet of any public school or secondary school boundary.

v.Nursing homes and convalescent centers.

vi.Outdoor displays of merchandise on or adjacent to the sidewalk provided all other sidewalk requirements are met.

b.Special administrative permit. Outdoor amusement enterprises, exhibits, entertainment, meetings, display or sales areas, or outdoor areas for religious ceremonies of less than 30 days duration.

c.Special administrative permit. 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.

3.Development controls.

a.Rear and side yards. Side and rear yards shall be permitted to have private alleys or drives a maximum of ten feet in width.

i.Rear yards: 20 feet.

ii.Side yards.

a). Nonresidential uses: None.

b). Residential uses: Ten feet, except that the side yard may be reduced to zero feet when a residential use has no residential windows adjacent to such yard.

b.Bulk limitations.

i.For nonresidential uses, floor area shall not exceed an amount equal to one and one-half times net lot area.

ii.For residential uses, floor area shall not exceed an amount equal to one and forty-nine one hundredths times net lot area.

iii.For mixed-use development, floor area shall not exceed the sum of the nonresidential (i) and residential (ii) above, but in no event greater than the maximum ratios permitted for each.

iv.Open space bonus. Residential uses shall be permitted to calculate any of the above floor area ratios in section 16-18Q.027(3) utilizing gross lot area, for purposes of providing additional density based on such calculation. Developments utilizing the open space bonus shall not be permitted any reduction in open space requirements.

c.Showering facilities. All office buildings containing over 50,000 square feet of gross office space shall provide showering facilities, which shall include showers and lockers, in a ratio of at least two showering facilities for every 50,000 square feet of gross office space, which facilities shall be available to all building tenants and their employees, provided that no office building shall be required to exceed a maximum of four showering facilities.

4.Site limitations.

a.Minimum building façade heights: 18 feet along each façade visible from any public right-of-way.

b.Maximum building heights: 35 feet.

c.Maximum building coverage: 85 percent.

5.Sidewalks.

a.The street furniture and tree planting zone shall have a minimum width of five feet.

b.Clear zone.

i.The clear zone shall be a minimum width of ten feet.

ii.When outdoor dining is provided: Up to two feet of the clear zone nearest the building may be used for outdoor dining. No permanent element may be placed within the clear zone area.

6.Supplemental zone. For purposes of these regulations, the area between any building, parking deck, or surface parking lot and the required sidewalk, when no intervening building exists, shall be defined as the supplemental zone. Except as otherwise specified below, the square footage contained within a supplemental zone which meets all the following supplemental zone requirements may be counted towards UOSR or public space requirements.

a.Minimum supplemental zone widths: Five feet.

b.Supplemental zones containing a depth of 15 feet or less shall meet the following additional requirements:

i.No balcony shall encroach more than five feet into the supplemental zone area.

ii.Shall not be counted towards UOSR or public space requirements unless visible and accessible to the general public from the adjacent public sidewalk, with the exception of areas adjacent to sidewalk level residential units.

c.Supplemental zones containing a depth greater than 15 feet shall be counted towards UOSR or public space requirements only when the following additional requirements are met:

i.Shall permit and encourage pedestrians to walk on a minimum of 80 percent of the surface of the parcel excluding fountains, pedestrian furniture, public art and similar elements.

ii.When adjacent nonresidential ground floor uses are provided, shall be visible and accessible from any point along 90 percent of any adjacent sidewalk.

iii.When adjacent nonresidential ground floor uses are provided, all sides of buildings fronting said zone meet the requirements of section 16-18Q.013(9).

iv.When adjacent residential ground floor uses are provided, shall be visible from any point along 90 percent of the adjacent sidewalk.

v.When adjacent residential ground floor uses are provided, shall provide a pedestrian walkway from said space to the adjacent public sidewalk. Said pedestrian walkway shall be perpendicular to the street and shall connect directly to the public sidewalk and shall be open to the sky along its entire length.

d.Terraces, porches and stoops shall have a maximum finished floor height of 24 inches above finished-grade, unless existing topographical considerations render this requirement unreasonable.

e.When sidewalk level residential units are provided, supplemental zone shall be landscaped with the exception of terraces, porches, stoops and walkways, which may occupy a maximum of twothirds of the front yard or supplemental zone area;

f.The supplemental zone shall be no more than 24 inches above the adjacent public sidewalk for a minimum distance of 15 feet from the nearest edge of the adjacent public sidewalk, unless existing topographical considerations render this requirement unreasonable;

g.Any authorized walls surrounding landscaped and grassed areas shall not exceed a maximum height of 24 inches, except retaining walls, which shall not exceed a maximum height of 36 inches unless existing topography requires a retaining wall of greater height; and

h.Fencing shall be permitted only when:

i.The supplemental zone is located between sidewalk level residential units and the adjacent street; or

ii.Said fencing is used to separate authorized outdoor dining from the required sidewalk.

7.Curb cuts and parking structures. All sidewalk paving materials shall be continued across any intervening driveway. (Ord. No. 2001-85, § 1, 11-14-01; Ord. No. 2005-41(06-O-0381), §§ 40, 41, 7-12-05; Ord. No. 2014-22(14-O-1092), § 2-DD-iv, 6-11-14; Ord. No. 2020-58(19-O-1393), § 41, 10-28-20)

§ 16-18Q.028

Specific regulations for Subarea 4: Piedmont South.

Sec. 16-18Q.028. Specific regulations for Subarea 4: Piedmont South.

1.Permitted uses.

a.In addition to those uses authorized in section 16-18Q.005, a building or premises may be used for the following permitted uses and structures:

i.Bed and breakfast inn.

b.The following regulations shall apply to all permitted accessory uses and structures:

i.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.

ii.Accessory buildings shall not cover more than 25 percent of the rear yard.

iii.Accessory structures shall be placed to the rear of the main structure within the buildable area of the lot, with the exception of structures located in the rear yard setback which do not exceed a maximum width of 24 feet.

iv.Accessory buildings shall not exceed 24 feet in height or the height of the main structure, whichever is less, shall not contain a total floor area greater than 30 percent of the main structure, and shall not exceed a maximum height of two stories.

2.Development controls.

a.Front yards.

i.40 feet minimum.

§ 16-18Q.028

ii.Shall have a maximum of 25 percent paved area, such area to be used for pedestrian access and drives to the rear or side of the building.

iii.Shall have a minimum of one shade tree as approved by the city arborist.

iv.Shrubs and hedges within ten feet of the public sidewalk shall have a maximum mature height of 36 inches.

v.When sidewalk level residential units are provided, shall be landscaped with the exception of terraces, porches, stoops and walkways, which may occupy a maximum of twothirds of the front yard or supplemental zone area.

vi.Shall be no more than 24 inches above the adjacent public sidewalk for a minimum distance of 15 feet from the nearest edge of the adjacent public sidewalk, unless existing topographical considerations render this requirement unreasonable.

vii.Any authorized walls surrounding landscaped and grassed areas shall not exceed a maximum height of 24 inches, except retaining walls, which shall not exceed a maximum height of 36 inches unless existing topography requires a retaining wall of greater height.

viii.Fencing shall be permitted only when the front yard is located between sidewalk level residential units and the adjacent street.

b.Rear and side yards. Side and rear yards shall be permitted to have private alleys or drives a maximum of ten feet in width.

i.Rear yards: Minimum of 20 feet. Rear yards shall be permitted to have private alleys or drives up to ten feet in width.

ii.Side yards: Minimum of ten feet.

3.Bulk limitations.

a.For nonresidential uses: None.

b.For residential uses, floor area shall not exceed an amount equal to six hundred ninety-six one thousandths times net lot area.

c.Open space bonus Residential uses shall be permitted to calculate any of the above floor area ratios in section 16-18Q.028(2) utilizing gross lot area, for purposes of providing additional density based on such calculation. Developments utilizing the open space bonus shall not be permitted any reduction in open space requirements.

4.Maximum building coverage: 50 percent.

5.Minimum pervious surface: 35 percent.

6.Site limitations.

a.Minimum building façade heights: 24 feet.

b.Maximum building heights: 35 feet.

7.Sidewalks. Sidewalks shall be a minimum width of nine feet and shall be paved using either standard concrete or brick.

a.Standard concrete paving.

i.Street furniture and tree planting zone The street furniture and tree planting zone shall have a minimum width of three feet and shall be planted with evergreen groundcover such as mondo grass or Liriope spicata. When provided, street trees shall have a maximum mature diameter of no greater than five inches.

ii.Clear zone. The clear zone shall be a minimum width of six feet.

b.Brick paving.

i.Street furniture and tree planting zone: None required.

ii.Clear zone: The clear zone shall be a minimum width of nine feet.

(Ord. No. 2001-85, § 1, 11-14-01; Ord. No. 200976(09-O-1402), § 5, 12-15-09)

CHAPTER 16-18R. SPI-18 MECHANICSVILLE NEIGHBORHOOD SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS* Sec. 16-18R.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 for the SPI-18 Mechanicsville Neighborhood Special Public Interest District. These regulations shall supplant existing districts or portions of existing districts as shown on the attached map referenced in section 16-18R.003, except that all existing categories of historic protection designated pursuant to Chapter 20 of Part 16 shall continue in full force and effect and said existing historic protection regulations shall be overlaid upon, and shall be imposed in addition to, the regulations set forth in this chapter. Whenever the following regulations are at variance with said existing historic protection regulations, the historic protection regulations shall apply. Whenever the following regulations conflict with provisions of Part 16 other than historic protection regulations, the more stringent regulation shall apply.

The regulations set forth in sections 16-18R.001 through and including section 16-18R.025 shall apply to all properties located within the SPI-18 Mechanicsville Neighborhood Special Public Interest District, including all subareas within the district, unless otherwise indicated by subarea. (Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-1307)

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

The intent of the council in establishing SPI-18 Mechanicsville Neighborhood Special Public Interest District as a zoning district is as follows:

1.Create a diversified city where people across the spectrum of age, income, ethnicity, and culture can live, work, shop, meet, and play;

*Editor’s note—Ord. No. 2007-67(07-O-1792), § 1(Att. A), approved Nov. 13, 2007, amended Chapter 16-18R in its entirety. Formerly, said chapter pertained to similar subject matter and was enacted by Ord. No. 2003-11, § 1(Att. A), approved Feb. 2, 2003; as amended.

2.Improve the aesthetics of streets and the built environment;

3.Ensure through the administration of specific standards and criteria that new housing achieve architectural, site and street design consistent with the existing historic built environment.

4.Protect the historic character of the singlefamily residential areas;

5.Facilitate safe, pleasant, and convenient sidewalk-level pedestrian circulation that minimizes impediments by vehicles;

6.Promote public safety through the provision of pedestrian-oriented street-level uses, sufficient sidewalk widths, adequate visibility from adjacent buildings and primary pedestrian access from buildings to adjacent sidewalks;

7.Ensure pedestrian-oriented building forms which are compatible with the scale, character and needs of the neighborhood;

8.Encourage a grid of connected streets to improve access and reduce congestion:

9.Facilitate safe and convenient bicycle usage;

10.Encourage a compatible mixture of residential, commercial, cultural and recreational uses;

11.Promote an appropriate balance and scale of commercial uses which meet the needs of nearby residents;

12.Encourage infill and rehabilitation development within traditionally commercial areas that include proportionately significant residential uses;

13.Place reasonable controls on the development of larger scale highway-oriented retail, service, office and dining uses which are intended to serve larger areas of the city than a single neighborhood or a small group of neighborhoods;

14.Encourage owner occupancy and retention of single-family residential structures compatible with the character of the Mechanicsville residential neighborhood while permitting two-family and multifamily housing in appropriate locations;

15.Provide a range of housing types and prices to meet different housing needs;

16.Prevent encroachment of incompatible commercial uses and minimize commercial parking in residential subareas;

17.Provide accessible and sufficient parking in an unobtrusive manner;

18.Reduce parking requirements by encouraging shared parking and alternative modes of transportation;

19.Provide sufficient, safe and accessible parks, plazas and greenways for active and passive enjoyment; and

20.Improve the quality of air and water through provisions for the planting of trees, bicycle parking and an urban form that reduces the need to drive.

(Ord. No. 2007-67(07-O-1792), § 1(Att. A), 11-1307)