Sec. 16-20R.004. General regulations.
The following general regulations shall apply to all properties within the Means Street Landmark District, except where otherwise stated.
1.General criteria. The commission shall apply the standards set forth below only when the standards set forth elsewhere in chapter 20R do not specifically address the application in whole or in part:
a.A property shall be used for its current purpose or be placed in a new use authorized in section 16-20R.005 using minimal change to the defining characteristics of the building and its site and environment.
b.The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
c.Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
d.Changes to a property that have acquired historic significance in their own right shall be retained and preserved.
e.Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
f.Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
g.Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
h.Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
i.New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
j.New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
2.The compatibility rule.
a.The intent of these regulations is to ensure that alterations to existing structures and new construction are compatible with the massing, size, scale, and architectural features in the district. To further that intent and simultaneously retain flexibility, the regulations provide a "compatibility rule" which is: The elements in question that are not quantifiable shall be the same as contributing buildings in the district or shall be compatible with, but differentiated from the contributing buildings in the district. Where quantifiable, the element shall be no smaller than the smallest or larger than the largest such dimension of a contributing building on the block face.
b.Those elements to which the compatibility rule applies are specified in these regulations by reference to .compatibility rule..
c.Whenever individual block faces are void of contributing structures, the contributing structures on the nearest block face within the district shall be utilized.
3.Certificates of Appropriateness.
a.General provisions.
i.The procedures for determining the correct type of Certificate of Appropriateness shall be those specified in Section 16-20.008, except as otherwise provided herein.
ii.No Certificate of Appropriateness shall be required unless, at a minimum, the work would otherwise require a building permit.
iii.No Certificate of Appropriateness shall be required to repaint any structure or portion thereof, or, to make ordinary repairs and maintenance using inkind materials. A Certificate of Appropriateness shall be required for replacements as indicated in subsection 16-20R.004(3)(b) below.
iv.No Certificate of Appropriateness shall be required for demolition or moving of noncontributing structures.
v.Type I Certificates of Appropriateness shall not be required in this district.
b.Type II Certificates of Appropriateness.
i.The following shall require a Type II Certificate of Appropriateness, and shall be reviewed by the director of the commission:
(1.) Alterations to any façade of any principal structure;
(2.) All site work, including changes in streetscape elements;
(3.) New accessory structures and alterations to existing accessory structures;
(4.) Fences, walls and retaining walls;
(5.) Decks, rear porches, balconies, outdoor seating on the ground level and installation of mechanical equipment; and (6.) Signage.
ii.If such Type II Certificates of Appropriateness meet the requirements of this chapter and other criteria applicable to Type II certificates, the director shall issue the Type II certificate within 14 days of receipt of the completed application. If such Type II Certificates of Appropriateness do not meet the requirements of this chapter and such other criteria, the director shall deny the application, with notice to the applicant, within 14 days of receipt of the completed application. Appeals from the decision of the director either approving or denying such Type II certificates may be taken by any aggrieved person by filing an appeal in the manner prescribed in the appeals section of subsection 16-20.008(a) for Type I certificates.
c.The following shall require a Type III Certificates of Appropriateness and shall be reviewed by the commission:
i.All new principal structures;
ii.Additions, including roof top additions, roof top decks and roof top outdoor seating;
iii.Increase in height or building footprint revisions to previously approved plans that are yet to be completed; and
d.Variances and special exceptions
e.Type IV Certificates of Appropriateness shall be required for the demolition or moving of any contributing building. Type IV Certificates of Appropriateness shall be reviewed by the commission.
i.A partial demolition of a contributing building shall require a Type IV Certificate of Appropriateness only when, in the determination of the director, said partial demolition will result in the loss of significant architectural features that destroys the building's historic or cultural interpretability or importance.
4.Contributing Buildings List.
a.All contributing buildings, structures or sites within the district shall be shown on the list adopted herewith entitled /Means Street Landmark District Contributing Buildings List/. Said contributing buildings list shall identify each building, structure or site within the district that meets the definition of /Contributing Building, Structure or Site/ set forth in Section 16-20.002.
b.The director shall periodically review said contributing buildings list to correct errors or omissions to said contributing buildings list, or to reflect any changed conditions relevant to the contributing status of buildings, structures or sites within the district, consistent with the requirements of chapter 20R and chapter 20 of Part 16, and shall maintain public records of said List and all such errors, omissions or updates. An action by the director to correct such errors or omissions, or to make updates, shall be initiated by execution of a signed and dated form promulgated by the director specifying the action initiated, the reason(s) for such action, and the identification of all property subject to said action. Said form shall be mailed by first class mail to the owner or owners of the effected property within 5 calendar days of the initiation of the action by the director.
c.An action by the director to correct errors or omissions, or to update, the contributing buildings list as authorized in subsection 16-20R.004(4)(b) above shall result in the immediate prohibition of any new or amended applications of any kind effecting such property, includ-ing but not limited to demolition requests, building permits or land disturbance permits, and including acceptance of any such application or request by any City of Atlanta bureau, agency, official, employee or agent. Said prohibitions shall become automatically effective without further action of any kind immediately upon the date and time that the director takes an action authorized in subsection 16-20R.004(4)(b) above. The purpose and intent of this provision is to maintain the status quo regarding any such affected property until the director's action is reviewed and affirmed or reversed by the commis-sion in the manner specified in subsection 16-20R.004(4)(d) below.
The period of this mandatory interim protection shall be 90 days or until a final decision reviewing such action is made by the commission, whichever first occurs, commencing on the date and time of the director's decision. This interim control period allows and is based upon approximately 30 days for the initial scheduling of the public hearing following the director's action and approximately 60 days for comple-tion of the public hearing and a final decision by the commission.
d.All actions by the director to correct errors or omissions, or to update, said list shall be reviewed and approved by the commission using the notice and procedures required for Type III Certificates of Appropriateness with the following modifications:
i.Hearings on such review and approval by the commission shall be scheduled by the director within thirty (30) days of the director's action on such correction(s) or update(s) and shall be decided by the commission within a reasonable time; and
ii.The commission shall affirm the action(s) of the director upon an expressed finding by the commission that the director's action(s) correctly applied the definitions and requirements for determining the contributing status of the properties in question in chapter 20R and chapter 20 of Part 16.
In exercising its review, the commission may reverse or affirm the action(s) of the director, wholly or partly. Appeals from a final decision by the commission on such reviews shall be taken by any person aggrieved by such decision pursuant to Code Section 16-20.010.
5.Financial Hardship Exemptions.
a.These regulations set forth a minimum standard of architectural compatibility with the rest of the district. However, in order to balance with other equally important objectives in the district, including economic development, neighborhood revitalization, and prevention of displacement of residents, the commission may allow reasonable exemptions from these regulations on the ground of economic hardship to the property owner. This exemption shall not apply to the review of demolitions of contributing structures that would otherwise require a Type IV Certificates of Appropriateness.
b.In order to qualify for an economic hardship exemption, the applicant(s) must first make a showing that the alteration(s) requested is necessary in order to continue utilizing the structure for its intended purposes.
c.If the commission finds that the requirement of subsection (5)(b) herein is satisfied, they may grant an exemption, in whole or in part, only in accordance with each of the following factors, standards and criteria:
i.The burden of proof that the regulations and guidelines pose such a hardship shall be on the property owner.
ii.The commission shall consider the following factors in determining whether an economic hardship exemption in whole or in part will be granted:
(1)The present and future income of the property owner(s) and those occupying the property;
(2)The availability, at present or in the future, or other sources of income of revenue, including loans, grants, and tax abatements;
(3)The costs associated with adherence to the district regulations in comparison to the costs associated with achieving the same proposal without the district regulations;
(4)The degree of existing architectural importance and integrity of the structure; and
(5)The purpose and intent of this chapter.
iii.The commission shall balance these factors as applied to the applicant for said exemption and shall grant said exemption, in whole or in part, as appropriate to the case upon a finding that the economic hardship to the applicant is significant and substantially outweighs the need for strict adherence to these regulations. Appeals from a final decision by the commission on such reviews shall be taken by any person aggrieved by such decision pursuant to Code Section 16-20.010.
6.Variances and special exceptions. Variance applications and applications for special exceptions from these regulations shall be heard by the commission. The commission shall have the authority to grant or deny variances from the provisions of this chapter pursuant to the procedures, standards, and criteria specified in section 16-26.001 through section 16-26.006. The commission shall have the authority to grant or deny applications for special exceptions from the provisions of this chapter pursuant to the procedures, standards and criteria specified in section 16-25.001 through section 16.25.005.
7.Prohibited variances. Notwithstanding any provision in this chapter or part to the contrary, no variance from this chapter's maximum building height requirements or use shall be permitted or authorized by the commission, commission staff or any other board, official or entity.
(Ord. No. 2017-08(16-O-1649)§ 3, 2-6-17)