Part 16, Chapter 18U — SPI-21 Historic West End/Adair Park Special Public Interest

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

The intent of the council in establishing SPI-21 Historic West End/Adair Park Special Public Interest District as a zoning district is as follows:

Sec. 16-18U.003. Boundaries of district and subareas established.

The boundaries of the SPI-21 Historic West End/Adair Park Special Public Interest District are shown on maps in Attachment B which by this reference is incorporated into and made a part of this chapter and this part. The Historic West End/Adair Park Special Public Interest District is divided into ten main subareas and other designated areas as shown on said map Attachment B. The subareas and other designated areas are described as follows:

Village Center Subarea 2:

Commercial Core Subarea 3:

RDA Corridor Subarea 4:

Neighborhood Commercial Subarea 5:

Village Center Residential Subarea 6:

Medium Density Residential Subarea 7:

Smaller Lot Single-family Subarea 8:

Institutional/AUC Subarea 9:

Adair Park Live/Work Subarea 10:

Candler District Reduced Parking All lots within 2,640 feet of the MARTA Zone:

rail station, measured along a public or private sidewalk, walkway, or street from the transit station lot line, edge of stop platform, or edge of other board-ing area, whichever is greatest, to the closest point of the lot. When any portion of a lot is within the applicable distance, the entire lot shall be considered within the zone.

2019-09(18-O-1581), § 7.L, 1-31-19)

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

A special administrative permit shall be required for development in this district as set forth in this section. A special administrative permit (SAP) application and seven copies each of a site plan, landscape plan and elevation drawings of each exterior façade shall be submitted and approved by the director of the bureau of planning prior to the applicant filing for a building permit. All new construction, including additions to existing buildings, expansions of existing outdoor dining, outdoor dining within required sidewalk areas, or any construction which results in increased lot coverage or a modification of the building footprint within this district, shall be subject to said site plan review and approval. Before making application for a special administrative permit, a pre-application conference between the applicant and the director of the bureau of planning or the director's designee is required to discuss the application and relevant requirements of these regulations. Said pre-application conference shall be held within 14 days of the date of the request by the applicant, unless a longer period is mutually agreed upon. All applications for a special administrative permit shall be processed in accordance with the standards and procedures applicable to said SAP applications contained in Chapter 25 of Part 16 except as otherwise modified by this Chapter 18U. (Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Sec. 16-18U.005. Exemption from special application permit.

Exemption from the special application permit process will be considered for applications requesting general repairs or renovations, based on the following conditions:

In addition, the director of the bureau of planning may exempt certain classes of applications for building permits from detailed review requirements as set forth above upon written findings that generally within SPI districts, the actions proposed are of such a character or of such a scale as to make detailed reviews and approval by the planning director unnecessary. Where applications for building permits are determined by reference to such findings to be thus exempted, the permit shall be issued if otherwise lawful.

Sec. 16-18U.006. Variations.

In connection with the issuance of special administrative permits as is provided herein, the director of the bureau of planning is authorized to receive and decide requests for variations either as is provided at section 16-18.007 within this part or, alternatively, pursuant to the following standards:

The director of the bureau of planning is also authorized to receive and decide requests for a reduction of the required on-site parking for properties located in the reduced parking zone, to a maximum reduction of 100 percent of the regular onsite parking requirements given in this section. Parking reductions may be based upon consideration of such factors as adequacy of the existing pedestrian infrastructure, age of the structure, urban design features of the structure, local pedestrian accessibility and connectivity, and proposed use for the site. (Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Sec. 16-18U.007. Reserved.

Editor’s note—Ord. No. 2018-11(18-O-1023), § 9.B, adopted May 16, 2018 repealed § 16-18U.007, which pertained to subdivision and derived from Ord. No. 2005-51, § 1(Att. A), 8-22-05.

Sec. 16-18U.008. Permitted principal uses and structures.

A building or premises shall be used for the following permitted uses and structures:

[10. Reserved.]

Sec. 16-18U.009. Permitted accessory uses and structures.

Accessory uses and structures permitted within this district shall include those customarily accessory and clearly incidental to permitted principal uses and structures and specifically includes clubhouses, pools, and other recreation amenities, parking to serve authorized residential and non-residential uses within the district subject to the restrictions contained elsewhere in this chapter, and electric vehicle charging stations equipped with Level 1, Level 2, and/or DC Fast Charge EVSE.

Accessory parking structures and lots for required parking are permitted within 300 feet of primary use as measured from the nearest property line, without a special exception. (Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14)

Sec. 16-18U.010. Redevelopment requirements.

Nonconforming properties are subject to these regulations to the extent indicated in Part 16, Chapter 24, Nonconformities. Nonconforming properties are required to come into complete compliance with these regulations upon redevelopment or upon loss of nonconforming status, subject to the provisions in Part 16, Chapter 24, Nonconformities. (Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Sec. 16-18U.011. Transitional uses and yards.

Sec. 16-18U.012. Development controls.

See Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations for bulk limitations, maximum building coverage, public space requirements, minimum open space requirements, and maximum height.

For purposes of this chapter, and notwithstanding the provisions of Code Section 16-29.001(24), mixed-use development is defined as any development which contains as principal uses both residential and non-residential uses on the same development site, and in which both of such uses are at least 20 percent of the total floor area, excluding accessory uses.

Sec. 16-18U.013. Site limitations.

TABLE SPI-21 HISTORIC WEST END/ADAIR PARK—MAXIMUM BLOCK LENGTHS 1: Village Center 2: Commercial Core 3: RDA Corridor 4: Neighborhood Commercial 5: Village Center Residential 6: Medium Density Residential 7:Smaller Lot Single-family 8: Institutional/AUC 9: Adair Park Live/Work 10: Candler District 1 2 3 4 5 6 7 8 9 Maximum 600 600 600 600 600 600 600 None 600 Block Length, in feet

10 None

Sec. 16-18U.014. Sidewalks and setbacks.

Public sidewalks shall be located along all public streets and shall have minimum widths as specified herein. Sidewalks shall consist of two (2) zones: a street furniture and tree planting zone, and a clear zone.

JOBNAME: No Job Name PAGE: 297 SESS: 2 OUTPUT: Wed Dec 21 14:32:35 2005 /first/pubdocs/mcc/2/10376_takes_tag_mcc_2_jlcramer SPI-21 HISTORIC WEST END/ADAIR PARK, SUBAREAS 1—9 SIDEWALK AND SETBACK REQUIREMENTS 1: Village Center 2: Commercial Core 3: RDA Corridor 4: Neighborhood Commercial 7: Smaller Lot Single Family 5: Village Center Residential 8: Institutional/AUC 6: Medium Density Residential 9: Adair Park Live/Work ALL MEASUREMENTS ARE IN FEET 1 2 3 4 5 6 Minimum Tree 5 5 5 5 5 5 Planting and Street Furniture Zone Width Minimum Clear 10 10 10 10 10 6 Zone Width Minimum Sup- 5 or 5 or 5 or 5 or 9 or 5** 9 or 5** plemental Zone None* None* None* None* Width Minimum Side 20 or 20 or 20 or 20 or 15 or 15 or Yard not adja- None† None† None† None† None† None† cent to street Minimum Side see sup- see sup- see sup- see sup- see sup- see sup-Yard adjacent to ple-ple-ple-ple-ple-ple-street mental mental mental mental mental mental zone zone zone zone zone zone Minimum Rear 20 or 20 or 20 or 20 or 20 15 Yard None† None† None† None† Minimum Front see sup- see sup- see sup- see sup- see sup- see sup-Yard ple-ple-ple-ple-ple-ple-mental mental mental mental mental mental zone zone zone zone zone zone 7 5 6 See Front Yard 5 10 15 20 8 9 5 5 or None* 10 10 5 or 5 or None* None* 15 or 20 or None† None† see sup- see sup-ple-ple-mental mental zone zone 25 20 or None† see sup- see sup-ple-ple-mental mental zone zone *Minimum width is five feet on streets that function as arterial and collector streets, none otherwise.

**Minimum supplemental zone width is nine feet on streets that function as arterial and collector streets, five feet otherwise.

†Nonresidential uses: None. Residential use: Setback may be reduced to zero when no residential windows are adjacent to such yard.

JOBNAME: No Job Name PAGE: 298 SESS: 2 OUTPUT: Wed Dec 21 14:32:35 2005 /first/pubdocs/mcc/2/10376_takes_tag_mcc_2_jlcramer SPI-21 HISTORIC WEST END/ADAIR PARK, SUBAREA 10—SIDEWALK AND SETBACK REQUIRE-MENTS ALL MEASUREMENTS ARE IN FEET METROPOLITAN RDA BLVD PKWY SHELTON AVE. MURPHY AVE.

Minimum Tree None, except 5' for a None.

None, except 5' for a None, except 5' for a Planting and Street distance of 40' from distance of 200' from distance of 40' from Furniture Zone the corner of the corner of the corner of Ralph Width Murphy Avenue, Murphy Avenue David Abernathy measured from the Blvd, and 5' for a outer edge of the distance of 200' from curb.

the corner of Shelton Ave.

Minimum Clear 8' except 10' for a 7', except 8' for 200' 7', except 10' for a None, except 10' for Zone Width distance of 40' from in front of main en- distance of 200' from a distance of 40' the corner of trance where not the corner of from the corner of Murphy Avenue, prevented by exist- Murphy Avenue Ralph David measured from the ing building or grass Abernathy Blvd, and outer edge of the berm 10' for a distance of curb.

200' from the corner of Shelton Ave.

Minimum Supple- None None None None mental Zone Width Minimum Side Yard Non-residential: None Residential: 15, or none for zero-lot-line development Minimum Rear Yard Non-residential: None Residential: 20 The following regulations shall apply to all public sidewalks:

Sec. 16-18U.015. Supplemental zone.

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

JOBNAME: No Job Name PAGE: 300 SESS: 2 OUTPUT: Wed Dec 21 14:32:35 2005 /first/pubdocs/mcc/2/10376_takes_tag_mcc_2_jlcramer

Sec. 16-18U.016. Relationship of building to street.

Sec. 16-18U.017. Specific regulations for storefront streets.

Properties which front streets indicated in Exhibit B as Storefront Streets shall meet the following regulations:

Sec. 16-18U.018. Signage.

Signs shall be allowed as in 16-28A. Sign Ordinance and as specifically allowed within each sub-area as provided for herein. (Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2019-35(19-O-1056), § 1, 6-26-19)

Sec. 16-18U.019. Loading areas, loading dock entrances and building mechanical and accessory features.

Sec. 16-18U.020. Off-street loading requirements.

See Table of Loading Requirements, Section 16-28.015 Off-street Loading Requirements. (Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Sec. 16-18U.021. Curb cuts, driveways, drive-through lanes, and parking structures.

Sec. 16-18U.022. Lighting, security, and maintenance requirements.

Parking lots shall not be operated when any damage impairs the drivability of the parking lot. See section 16-28.014 for additional requirements. (Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Sec. 16-18U.023. Minimum landscaping for surface parking lots, barrier requirements.

The requirements of City of Atlanta Code of Ordinances, Chapter 158 Vegetation, Article II, Tree Protection, Section 30, Parking Lot Requirements shall apply to this district except as modified as follows:

Sec. 16-18U.024. Off-street parking requirements.

In addition to the provisions of section 16-28.008(7), which shall apply and are incorporated herein, the following parking requirements shall apply to all uses approved by special permits. (See also sections 16-28.013 and 16-28.014):

Lapse of a required lease agreement shall terminate the special administrative permit for shared parking.

Sec. 16-18U.025. Minimum bicycle parking requirements.

See section 16-28.014(6), Bicycle parking requirements. (Ord. No. 2005-51, § 1(Att. A), 8-22-05; Ord. No. 2019-09(18-O-1581), § 12, 1-31-19)

Sec. 16-18U.026. Pedestrian bridges and tunnels.

With the exception of pedestrian bridges that connect Subarea 10 to the West End MARTA Rail Station, pedestrian bridges and tunnels are prohibited when located above or below public streets, private streets which function as public streets connecting two other public streets, or other public rights-of-way. (Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Sec. 16-18U.027. Zero-lot-line development.

Except in Subarea 7, zero-lot-line subdivision is permitted for residential uses provided a minimum of 1,000 square feet in lot area is provided. The additional requirements of section 16-28.007 shall also apply. (Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Sec. 16-18U.028. Specific regulations for Subarea 1—Village Center (Reserved).

Sec. 16-18U.029. Specific regulations for Subarea 2—Commercial core (Reserved).

Sec. 16-18U.030. Specific regulations for Subarea 3—RDA corridor.

Sec. 16-18U.031. Specific regulations for Subarea 4—Neighborhood commercial (Reserved).

Sec. 16-18U.032. Specific regulations for Subarea 5—Village center residential.

Sec. 16-18U.033. Specific regulations for Subarea 6—Medium density residential.

All non-residential permitted uses listed in Table SPI-21 Historic West End/Adair Park Permitted Uses shall be restricted in floor area to a maximum of five percent of the total development, shall be located within a building that contains street frontage and shall be located on the street-level floor only. No occupancy permit for such uses shall be issued until a minimum of 50 percent of the total dwelling units are occupied. (Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Sec. 16-18U.034. Specific regulations for Subarea 7—Smaller lot single-family (Reserved).

Sec. 16-18U.035. Specific regulations for Subarea 8—Institutional/ AUC.

Uses in the following categories, as shown in Table SPl-21 Historic West End/Adair Park -Permitted Uses shall only be permitted along designated Storefront Streets: Retail Goods and Services, Entertainment. (Ord. No. 2005-51, § 1(Att. A), 8-22-05)

Sec. 16-18U.036. Specific regulations for Subarea 9—Adair Park live/ work.

Large screen video display (LSVD), as defined in section 16-28A.004, shall be permitted within Subarea 9-Adair Park live/work so long as the sign meets the following requirements:

Sec. 16-18U.037. Specific regulations for Subarea 10—Candler District (Reserved).