Atlanta › Land Development Code — Part III
Part 16, Chapter 35 — MR Multi-Family Residential District Regulations
§ 16-35.001
Authority.
Sec. 16-35.001. Authority.
This chapter is enacted pursuant to the City of Atlanta's exclusive zoning and planning authority granted by the Constitution of the State of Georgia, including but not limited to the Article 9, Section 2, Paragraph 3 and Article 9 Section 2, Paragraph 4, as well as authority granted by the General Assembly of the State of Georgia, including but not limited to O.C.G.A. § 36-70-3, the City of Atlanta Charter, §§ 3-061 through 3-603, and Charter Appendix IV, §§ 41, 42, 45, 48 and 70, as well as the general police powers of the City of Atlanta and such other authority as may be provided by applicable, state, federal and local laws.
The regulations set forth in this chapter, or set forth elsewhere in this part when referred to in this chapter, are regulations which are applicable in those parts of the city designated as Multifamily Residential (MR) district. The passage of an ordinance approving the classification of an area of the city for multi-family residential zoning shall supplant the zoning classifications applicable to the area so designated. 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. (Ord. No. 2002-39, § 1, 5-28-02)
§ 16-35.002
Findings, purpose and intent.
Sec. 16-35.002. Findings, purpose and intent.
The City of Atlanta finds that the size, scale and character of multi-family residential uses directly affects adjacent land uses and the public health, safety and welfare. The city finds that internally focused, highway-oriented multifamily residential uses are incompatible with establishing a pedestrian infrastructure and are inconsistent with the needs of the city. The city finds there is a need to protect existing and developing pedestrian-oriented multi-family residential areas and building forms from the intrusion of incompatible building forms and to preserve and restore existing, traditional and pedestrian scale buildings in established, historic multi-family residential districts, as well as create new pedestrian oriented multi-family residential areas. The city finds that within these residential areas there is a substantial need to encourage a balanced mix of uses to include small accessory retail uses and to facilitate safe, attractive and convenient pedestrian circulation. The city finds that it is necessary to improve air quality by promoting walking and reducing the number of vehicular trips. The city finds that it is necessary to establish adequate parking requirements by encouraging shared parking arrangements. The city finds that there is a substantial need directly related to the public health, safety and welfare to comprehensively address these concerns through the adoption of the following regulations. The purpose and intent of this chapter, in establishing the Multi-family Residential (MR) 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;
2.Provide for multi-family residential housing types that are compatible with singlefamily neighborhoods and commercial nodes;
3.Encourage the development of multifamily housing, with limited neighborhood serving commercial uses;
4.Encourage a range of housing types and prices to meet different housing needs;
5.Improve the aesthetics of the built environment;
6.Protect existing stable single-family neighborhoods from uses and building forms which are incompatible with their scale, character and needs;
7.Ensure pedestrian-oriented building forms;
8.Provide for a pedestrian-oriented environment on streets and sidewalks;
9.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;
10.Reserve the space between the building and the sidewalk for pedestrian related uses;
11.Provide appropriately-scaled, continuous pedestrian oriented uses and activities adjacent to sidewalks along streets with identified pedestrian needs;
12.Encourage a grid of connected streets to improve access and reduce congestion;
13.Facilitate safe, pleasant and convenient pedestrian circulation and minimize conflict between pedestrians and vehicles;
14.Facilitate safe and convenient bicycle usage;
15.Provide sufficient parking in an unobtrusive manner;
16.Maximize opportunities for pedestrian amenities, including parks, plazas, greenways and public art;
17.Provide sufficient, safe and accessible parks, plazas and greenways for active and passive enjoyment; and
18.Improve the quality of air and water through provisions for the planting of trees, greenspace protection, bicycle parking and electric vehicle parking.
(Ord. No. 2002-39, § 1, 5-28-02)
§ 16-35.003
Districts established.
Sec. 16-35.003. Districts established.
Nine MR districts are established, the intent of which is described below:
1.MR-1. Primarily single-family dwellings which may have zero-lot-line along one side yard.
2.MR-2. Two- to three-story multi-family dwellings.
3.MR-3. Eight-story, zero-lot-line multifamily dwellings.
4.MR-4A. Eight-story, multi-family dwellings.
5.MR-4B. Five-story, zero-lot-line singlefamily dwellings.
6.MR-5A. 15-story multi-family dwellings along major corridors.
7.MR-5B. Multi-family dwellings with a maximum height of 15 stories with appropriate height controls adjacent to single-family neighborhoods.
8.MR-6. 22-story multi-family dwellings along major corridors.
9.MR-MU. Two- to three-story multi-unit buildings targeting pMissing Middlep housing needs.
(Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 201909(18-O-1581), § 6.A, 1-31-19)
§ 16-35.004
Special administrative permit requirement for building permits—Effect on other special permit requirements.
Sec. 16-35.004. Special administrative permit requirement for building permits—Effect on other special permit requirements.
Except as provided below, no building permit in any multi-family residential district shall be issued unless and until it has been approved through the issuance of a special administrative permit (SAP) under the requirements so specified in section 16-25.004, as meeting applicable requirements and intent as set forth for the district involved. A SAP application and seven 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 of the bureau of planning prior to the issuance of a building permit, with an eighth copy to be mailed concurrently to the appropriate NPU chair or his/her designee for information purposes.
Where regulations may require the approval of a special administrative permit for other purposes so specified, processing by the director of the bureau of planning shall, without additional application, include consideration of other special administrative permits. Where such regulations require special exception or special use permit action, the special administrative permit for building permit purposes shall not be issued until the necessary approval has been obtained for special exception or special use permit. (Ord. No. 2002-39, § 1, 5-28-02)
Sec. 16-35.004A. Provisions for administrative variations from regulations.
As part of general action when plans require approval of a special administrative permit, the director of the bureau of planning may authorize variations from regulations generally applying based on written findings that either:
1.A plan proposed by an applicant, while not strictly in accord with regulations applying generally within the district, satisfies the public purposes and intent, and provides public protection to an equivalent or greater degree; or
2.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 the time or in the future.
Notation concerning the existence of such variation shall be made by written findings of SAP approval to be filed in the office of zoning and development as public record. Variances and special exceptions shall be required from the board of zoning adjustment (BZA) in cases such as minimum yards (not adjacent to the street), minimum transitional yards, transitional height planes, minimum open spaces, maximum building height, maximum fence height, minimum or maximum (as applicable) parking and loading requirements, and signage limitations. (Ord. No. 2019-09(18-O-1581), § 11.4, 1-31-19)
§ 16-35.005
Permitted principal uses and structures.
Sec. 16-35.005. Permitted principal uses and structures.
A building or premises shall be used for the following permitted principal uses and structures:
1.Public schools through the secondary level operated by the Atlanta Board of Education, having no dwelling or lodging facilities except for caretakers.
2.Single-family, two-family and multifamily dwellings.
3.Single-family attached dwellings (zerolot-line development).
4.Structures and uses required for operation of MARTA but not including uses involving storage, train yards, warehousing, switching or maintenance shops as the primary purpose.
5.All nonresidential permitted uses listed below 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 the following uses shall be issued until a minimum of 50 percent of the total dwelling units are occupied.
a.Bakeries and catering establishments.
i.MR-1, MR-2, and MR-MU: Not permitted.
ii.MR-3, MR-4A, and MR-4B: Shall not exceed 2,000 square feet of floor area.
iii.MR-5A, MR-5B and MR-6: Shall not exceed 4,000 square feet of floor area.
b.Barber shops, beauty shops, manicure shops and similar personal service establishments.
i.MR-1, MR-2, and MR-MU: Not permitted.
ii.MR-3, MR-4A, and MR-4B: Shall not exceed 2,000 square feet of floor area.
iii.MR-5A, MR-5B and MR-6: Shall not exceed 4,000 square feet of floor area.
c.Eating and drinking establishments including restaurants, bars, coffee shops, delicatessens, and taverns.
i.MR-1, MR-2, and MR-MU: Not permitted.
ii.MR-3, MR-4A, and MR-4B: Shall not exceed 4,000 square feet of floor area.
iii.MR-5A, MR-5B and MR-6: Shall not exceed 8,000 square feet of floor area.
d.Laundry and dry-cleaning collection stations, laundry and drycleaning establishments where customers operate equipment.
i.MR-1, MR-2, and MR-MU: Not permitted.
ii.MR-3, MR-4A, and MR-4B: Shall not exceed 2,000 square feet of floor area.
iii.MR-5A, MR-5B and MR-6: Shall not exceed 4,000 square feet of floor area.
e.Museums, art galleries, libraries, and similar profit or non-profit cultural facilities.
i.MR-1, MR-2, and MR-MU: Not permitted.
ii.MR-3 through MR-6: Shall not exceed 8,000 square feet of floor area.
f.Offices and studios.
i.MR-1, MR-2, and MR-MU: Not permitted.
ii.MR-3 through MR-6: Shall not exceed 8,000 square feet of floor area.
g.Sales and repair establishments for home appliances, bicycles, lawn mowers, shoes, clocks and similar household goods.
i.MR-1, MR-2, and MR-MU: Not permitted.
ii.MR-3 through MR-6: Shall not exceed 4,000 square feet of floor area.
h.Tailoring, custom dressmaking, millinery and similar establishments.
i.MR-1, MR-2, and MR-MU: Not permitted.
ii.MR-3 through MR-6: Shall not exceed 4,000 square feet of floor area.
6.Supportive housing.
7.The use of a building or premises as a party house is expressly prohibited.
8.Short-term rentals, subject to the regulations in Atlanta City Code section 20-1001.
Any principal use and structure not specifically listed above is prohibited in this district.
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 off-street parking and outdoor dining. Outdoor sales or displays are permissible only by special permit as set forth below.
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 any district and its relation to adjoining districts.
Accessory uses and structures permitted within each district shall include those customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.
Pursuant to section 16-28.016 adult businesses are not permitted uses in any district. (Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 200924(08-O-1251), § 2AG, 6-9-09; Ord. No. 201909(18-O-1581), § 6.B, 1-31-19; Ord. No. 202058(19-O-1393), § 24, 10-28-20; Ord. No. 202160(21-O-0682), § 65, 12-15-21)
§ 16-35.006
Permitted accessory uses and structures.
Sec. 16-35.006. Permitted accessory uses and structures.
Market gardens shall be allowed as an accessory use, but limited to parcels that are used as schools, churches, synagogues, temples, mosques and other religious worship facilities. All other accessory uses and structures permitted within this district shall include those customarily accessory and clearly incidental to permitted principal uses and structures, shall be limited to use by residents, and specifically include home occupation subject to limitations set forth in subsection 16-29.001(17), clubhouses, pools, and other recreation amenities, and parking to serve authorized residential and nonresidential uses within the district subject to the restrictions contained elsewhere in this chapter.
Accessory structures shall meet the following additional requirements:
1.Shall be placed to the rear of the principal structure.
2.Shall not exceed the height of the principal structure.
3.Accessory parking lots for required parking shall be located within 300 feet of primary use as measured from the nearest property line.
4.Accessory freestanding parking deck structures for required parking are permitted in MR-3 through MR-6 districts within 300 feet of primary use as measured from the nearest property line.
(Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 201453(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2014-22(14-O-1092), § 2-VV-ii, 6-11-14)
§ 16-35.007
Special permits.
Sec. 16-35.007. Special permits.
The following uses are permissible only by additional special permits of the type indicated subject to limitations and requirements set forth in this chapter 35 or elsewhere in this part, and subject to the applicable procedures and requirements set forth in section 16-25.001, et seq.
1.Special use permits.
a.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 subsection 16-25.002(3)(h)(iv)(i), and subject to transitional height planes (chapter 1, section 19-1006).
b.Cemeteries, mausoleums and columbariums.
c.Childcare centers, kindergartens and special schools or day care facilities for young children.
d.Civic, service, garden, neighborhood or private club.
e.Churches, synagogues, temples, mosques and other religious worship facilities.
f.Colleges and universities, other than trade schools, business colleges and similar uses.
g.Freestanding, parking deck structures in MR-1 and MR-2 districts within 300 feet of primary use as measured from the nearest property line.
h.Personal care homes, assisted living facilities and rehabilitation centers.
i.Golf courses, sports arenas, and community centers.
j.Nursing homes.
k.Private schools.
l.Transfer of development rights. Transfer of development rights is permissible provided each of the following criteria are met in addition to those set forth in section 16-28.023:
i.The donor parcel must be either National Register listed, National Register eligible or property designated under the city's historic preservation ordinance;
ii.The transfer documents must ensure that the historic property shall remain in perpetuity; and
iii.If the historic property is not designated under the city's historic preservation ordinance at the time of transfer, it must be so designated prior to issuance of any building permit for the receiving property if said permit involves, in any way, the transferred development rights.
(See section 16-28.023 for further requirements of the transfer of development rights process.)
2.Special administrative permits.
a.Broadcasting towers and line-ofsite relay devices for telephonic, radio or television communications 70 feet or less in height, and an alternative design mounting structures as contemplated by subsection 16-25.002(3)(h)(iv)(i), and subject to transitional height planes (chapter 1, section 19-1006).
b.Driveways located between the sidewalk and the building for childcare centers, kindergartens and special schools, where lot limitations prohibit locations elsewhere.
c.Small family care home, subject to the limitations set forth in subsection 16-29.001(16).
d.Displays or sales areas within the supplemental zone adjacent to commercial uses.
e.Two curb cuts along one street frontage on properties with a single street frontage greater than 300 feet, subject to provisions of subsection 16-25.002(3).
f.Variation in residential open space requirements for buildings built before 1950.
g.Variations in fenestration requirements.
i.Fenestration in keeping with the scale of the nearest commercial storefront built before 1950 in the same or adjacent blocks, which is closest to meeting the requirements in subsection 16-33.014(6); and
ii.Fenestration may be varied where there are development constraints related to topography.
h.Variations in street tree requirements. Variations are subject to constraints such as overhead or underground utilities.
i.Variations in driveway requirements. Driveways that are outside the lot boundaries provided they are directly connected to a public street, subject to provisions of subsection 16-25.002(3).
j.Variations in surface parking lot landscaping and barrier requirements. Variations may be granted only upon making all of the following findings:
i.There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, topography, subsurface conditions, overhead structures or the existence of sufficient trees in the public right-of-way within ten feet of the property line;
ii.Such conditions are peculiar to the particular piece of property involved; and
iii.Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this article and of Part 16 of this Code.
k.Variations for sidewalk and supplemental zone width requirements. In blocks where 50 percent or more of the buildings were built before 1950, width requirements may be reduced to match the existing building setbacks, as measured from the curb, of the nearest two adjacent buildings located on the same side of the street.
l.Variations in width requirements for new streets when counted towards open space requirements when any of the following are provided:
i.Addition of bike lanes;
ii.Addition of angled parking;
iii.Addition of landscaped medians and roundabouts;
iv.Elimination of on-street parking on one side of a one-way street.
m.Retaining walls greater than two feet in height between the building façade line and the street, where existing topography does not require retaining walls of a greater height, and except where necessary to meet the provisions in subsection 16-25.002(3).
n.Outdoor dining within required sidewalk for pre-existing buildings. Buildings existing prior to the adoption of this chapter with adjacent sidewalks that do not meet the requirements of this chapter, may have outdoor dining that encroaches into the sidewalk provided the following criteria are met:
i.Shall have a minimum of eight feet of unobstructed sidewalk area adjacent to the curb when located adjacent to on-street parking;
ii.Shall have a minimum of six feet of unobstructed sidewalk area adjacent to the curb when not located adjacent to onstreet parking;
iii.No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way;
iv.At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter; and
v.Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including any plant material.
o.Outdoor dining within required sidewalk for new construction. New developments may have outdoor dining that encroaches into the sidewalk a maximum of two feet provided the following criteria are met:
i.No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in anyway;
ii.At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter; and
iii.Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including any plant material.
p.Farmers' markets limited to parcels which meet the minimum lot size requirements and are used as churches, synagogues, temples, mosques and other religious worship facilities or schools.
q.Urban gardens as a principal use on an undeveloped lot.
3.Special exceptions.
a.Off-street required parking between 300 to 500 feet of primary use as measured from the nearest property line and within the same zoning district, or district of equal or greater permitted residential density. An applicant shall submit written consent from property owner of the proposed off-site parking area. All parking spaces shall be clearly marked and signed as reserved during specified hours.
b.Relocation of minimum open space requirements. At the option of the property owner, up to 50 percent of a development's required UOSR may be relocated to an offsite parcel within one-half mile of the donating parcel provided the following criteria are met:
i.The receiving parcel is in accordance with the City of Atlanta Comprehensive Development Plan as being a designated recipient parcel;
ii.The receiving parcel contains the required amount of open space and said open space in the receiving parcel is located adjacent to and visible from a public street and accessible to the public during normal city park hours;
iii.All of the open space in the receiving parcel meets the definition of UOSR in subsection 16-28.010(5)(a) except that no portion of any public rightof-way shall be included; and
iv.The open space in the receiving parcel:
a)Shall provide active or passive recreational amenities;
b)Shall be no greater than 24 inches above or below the adjacent public sidewalk for a minimum distance of 15 feet from the beginning of the adjacent sidewalk;
c)Shall be visible and accessible from any point along 90 percent of any adjacent sidewalk; and
d)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.
c.Reduction of parking requirements may be permitted subject to a shared parking arrangement under the following criteria:
i.The arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access;
ii.All shared parking spaces shall be clearly marked; and
iii.An applicant shall submit the following information as part of the application to reduce parking requirements and avoid conflicting parking demands:
a)A to-scale map indicating location of proposed parking spaces;
b)Hours of business operation of nonresidential parking users,
c)Written consent of property owners agreeing to the shared parking arrangement; and
d)Copies of parking leases. Renewed leases shall be filed with the bureau of planning. Lapse of a required lease agreement or failure to file such lease with the bureau of planning, shall terminate the special administrative permit for shared parking.
(Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 200521, §§ 1, 2, 3-25-05; Ord. No. 2008-62(06-O0038), § 3S, 7-7-08; Ord. No. 2011-39(10-O1773), § 3AJ, 9-15-11; Ord. No. 2014-22(14-O1092), § 2-VV-i, 6-11-14)
§ 16-35.008
Redevelopment requirements.
Sec. 16-35.008. Redevelopment requirements.
Subject to the provisions in Part 16, chapter 24, Nonconformities.
(Ord. No. 2002-39, § 1, 5-28-02)
§ 16-35.009
Transitional uses and yards.
Sec. 16-35.009. 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 16-35.009(1)(b) below and extending inward over the MR-3 through MR-6 districts at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-35.009(1):
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 MR-3 through MR-6 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required MR-3 through MR-6 setback or transitional yard adjoining the common property line with such protected district.
ii.For parcels in an MR-3 through MR-6 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 MR 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.
2.Transitional yards.
a.For the MR-MU district, no transitional yard is required. For all other MR districts, where such districts adjoin an R-1 through R-5, R-G, RLC or PD-H district without an intervening street or without meeting the conditions in subsection 16-35.009(2)(b) of this chapter, a minimum of 20 feet is required which shall not be used for the purpose of parking, paving, loading, servicing or any other activity with the exception of private alleys or drives up to ten feet in width. Such yards shall be planted as approved by the city arborist and maintained as a landscaped strip.
b.Where this district adjoins an RLC, R-G, PD-H, MR, MRC, NC or LW district and contains a building, structure, or use located in both zoning districts, a transitional yard is not required, provided that the portion of the building, structure, or use within 20 feet of such districts shall only contain principal or accessory uses and structures permitted in such districts.
c.Screening. Where a subject MR district adjoins an R-1 through R-5, R-G, RLC or any PD-H or MR district with FAR permis-sion less than the subject district, permanent opaque walls six feet in height shall be provided and shall be maintained in sightly condition. (Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 201909(18-O-1581), §§ 6.C, 10.22, 1-31-19)
§ 16-35.010
Development controls.
Sec. 16-35.010. Development controls.
1.Bulk limitations. (Refer to Table A: Summary of density and open space requirements).
a.Maximum permitted floor areas without bonuses. The standard ratios in Table 1, "Land use intensity ratios" (section 16-18.007) shall apply:
i.MR-1: Floor area shall not exceed an amount equal to one hundred sixty-two thousandths times net lot area.
ii.MR-2: Floor area shall not exceed an amount equal to three hundred forty-eight thousandths times net lot area.
iii.MR-3: Floor area shall not exceed an amount equal to six hundred ninety-six thousandths times net lot area.
iv.MR-4A and MR-4B: Floor area shall not exceed an amount equal to one and forty-nine hundredths times net lot area.
v.MR-5A and MR-5B: Floor area shall not exceed an amount equal to three and two-tenths times net lot area.
vi.MR-6: Floor area shall not exceed an amount equal to six and four tenths times net lot area.
vii.MR-MU: Individual buildings shall have a maximum of 12 dwelling units per building.
____________________________________________________________________________________________ Table A: Summary of Density and Open Space Requirements MR Maximum Floor Area DISTRICTS Ratios* (net lot area)
Non-Residential Combined residential Minimum Open Space Requirements Public Space TOSR MR Maximum Floor Area DISTRICTS Ratios* (net lot area)
Minimum Open Space Requirements MR-1 5% of total 0.162 0.162 none none LUI^ floor area MR-2 5% of total 0.348 0.348 none none LUI^ floor area MR-3 5% of total 0.696 0.696 none none LUI^ floor area MR-4A 5% of total 1.49 1.49 none none LUI^ floor area MR-4B 5% of total 1.49 1.49 none none LUI^ floor area MR-5A 5% of total 3.20 3.20 none none LUI^ floor area MR-5B 5% of total 3.20 3.20 none none LUI^ floor area MR-6 5% of total 6.40 6.40 none none LUI^ floor area MR-MU Not permit- 12 units/ 12 units/ none none LUI^ ted building building
*Residential floor area may be calculated utilizing gross lot area.
^ LUI: Section 16-18.007, Table 1: Land use intensity ratios.
____________________________________________________________________________________________
b.Maximum permitted floor areas with bonuses.
Open space bonus: Residential uses shall be permitted to calculate the floor area utilizing the 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.
2.Side yards. (Side yards adjacent to a street shall be treated as supplemental zones and shall meet the requirements of section 16-35.013.) Side yards not adjacent to the street shall be permitted to have private alleys or drives a maximum often feet in width, all other areas shall be landscaped with groundcover and trees.
a.MR-1, MR-2: Minimum depth of 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.MR-4A: Minimum depth of 15 feet.
c.MR-3, MR-4B and MR-5B: Minimum depth of 15 feet, except that the side yard may be reduced to zero feet when a residential use has no residential windows adjacent to such yard.
d.MR-5A and MR-6: Minimum depth of 20 feet.
e.MR-MU: Minimum depth of five feet.
3.Rear yards. Shall be permitted to have private alleys or drives a maximum of ten feet in width, all other areas shall be landscaped with groundcover and trees.
a.MR-1, MR-2, and MR-MU: Minimum depth of ten feet.
b.MR-3 and MR-5B: Minimum depth of 15 feet.
c.MR-4 through MR-5A and MR-6: Minimum depth of 20 feet.
4.Minimum lot size.
a.MR-1 through MR-4, and MR-MU: 2,000 square feet.
b.MR-5 through MR-6: 5,000 square feet.
5.Minimum street frontage.
a.MR-4B: 20 linear feet.
b.MR-1, MR-2, and MR-MU: 25 linear feet.
c.MR-3 through MR-4 A and MR-5 through MR-6: 40 linear feet.
6.Minimum open space requirements.
a.For residential uses: Open space requirements as indicated on Table I, sLand use intensity ratioss (section 16-08.007) shall be required for useable open space (UOSR) only.
b.Public space requirements: None.
c.Residential balconies: Balconies for residential units, which are enclosed on not more than three sides, may be counted towards UOSR for a maximum depth of six feet.
d.New streets incentive: New public streets, or private streets which function as public streets may be counted towards UOSR requirements provided the following requirements are met:
i.Connects two other public streets or private streets which meet the requirements of items ii., iii., and iv. below; and
ii.Meets the requirements of section 16-35.012; and
iii.The maximum width shall be 36 feet which shall include, two onstreet parallel parking lanes, two travel lanes and sidewalk extensions at intersections and shall have granite curbs; and
iv.When adjacent to a park area, new streets shall meet all above requirements along each park edge; and
v.Gates shall not be permitted across said streets.
e.Connectivity incentive: Developments which provide connectivity across public rights-of-way which do not provide pedestrian access, such as railroads and freeways, may be permitted by the director of the bureau of planning to be counted towards UOSR requirements subject to the following criteria:
i.Said connectivity shall be achieved through the use of public streets, private streets which function as public streets, pedestrian walkways or bike and jog paths; and
ii.Streets shall meet the above requirements of section 16-35.012; and
iii.Pedestrian walkways shall be a minimum width of six feet and bike and jog paths shall be a minimum width of ten feet; and
iv.Streets, pedestrian walkways and bike and jog paths shall connect to other public streets, pedestrian walkways, bike and jog paths or parks.
f.On-street parking incentive: New onstreet parking may be counted towards UOSR requirements provided the following criteria are met:
i.No on-street parking currently exists 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; and
iii.The on-street parking occupies an entire block face or a minimum distance of 200 feet; and
iv.Sidewalk extensions are provided at street intersections; and
v.All other sidewalk requirements of this chapter are met.
(Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 201811(18-O-1023), §§ 7.B, 7.C, 5-16-18; Ord. No. 2019-09(18-O-1581), § 6.D, 1-31-19)
§ 16-35.011
Site limitations.
Sec. 16-35.011. Site limitations.
1.Maximum building heights.
a.MR-1, MR-2, and MR-MU: No structure shall exceed 35 feet in height.
b.MR-3 and MR-4A: No structure shall exceed 80 feet in height.
c.MR-4B: No structure shall exceed 52 feet in height.
d.MR-5A: No structure shall exceed 150 feet in height.
e.MR-5B: Structures or portions of structures which are within 150 feet of any R-1 through R-5, RG-1, RG-2, RLC, PD-H or MR district with a height limitation less than the subject district shall have a maximum height of 35 feet. Structures that are between 150 feet and 300 feet from any R-1 through R-5, RG-1, RG-2, RLC, PD-H or MR district with a height limitation less than the subject shall have a maximum height of 80 feet. Structures that are greater than 300 feet from any R-1 through R-5, RG-1, RG-2, RLC, PD-H or MR district with a height limitation less than the subject shall have a maximum height of 150 feet.
2.New development proposing to contain an entire block face greater than 600 feet in length shall be traversed by streets which create block faces no more than 400 feet in length. For the purposes of this chapter, a block face shall be measured from the back of sidewalk clear zones or required supplemental zones. Such streets shall function as public streets and shall connect two other public streets.
3.Properties adjacent to the right-of-way of public streets which dead-end or cul-de-sac, shall provide a street connection to said right-of-way of public street and shall meet the requirements of subsection 16-35.010(6)(e) and section 16-35.012.
4.Properties adjacent to a park space, greenway trail, railroad right-of-way which has been abandoned or a railroad right-of-way with an existing or proposed rail-trail:
a.Shall have a minimum of a 20-foot wide buffer along the property line adjacent to said public space. Said buffer shall be completely landscaped excluding walkways, benches and other such recreational features as approved by the director of the bureau of planning, or
b.Shall provide a new public access street, pedestrian walkway, or bike and jog path between any development and said space and shall meet the following requirements:
i.Streets shall meet the requirements of subsection 16-35.010(6)(e).
ii.Pedestrian walkways shall be a minimum width of six feet and bike and jog paths shall be a minimum width of ten feet.
iii.Wherever possible, streets, pedestrian walkways and bike and jog paths shall connect to other streets, pedestrian walkways, bike and jog paths and parks.
c.Shall not locate off-street parking areas or loading docks between any, building and said space except in cases where meeting this would require the development to be in conflict with the requirements of section 16-35.016 or section 16-35.020.
d.Shall include an entrance to all adjacent uses which:
i.Shall face and be visible from the park space, greenway, abandoned rail line or rail line with an existing or proposed rail-trail; and
ii.Shall be directly accessible from said space from the park space, greenway, abandoned rail line or rail line with an existing or proposed rail-trail; and
iii.Wherever possible shall open directly onto the adjacent sidewalk, or an outdoor dining area or plaza adjacent to the sidewalk.
5.Additional regulations for MR-4B:
a.For MR-4B: No residential unit shall be located above or below another residential unit.
b.For MR-MU:
i.An individual lot may not contain less than four nor more than 12 dwelling units.
ii.Single-family attached (zero-lotline) dwellings are prohibited.
iii.Only one principal building is permitted on a lot.
6.Drive-through service windows and drive-in facilities are prohibited. (Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 201909(18-O-1581), § 6.E, 1-31-19)
§ 16-35.012
Sidewalks.
Sec. 16-35.012. Sidewalks.
Public sidewalks shall be located along all public streets and shall have minimum widths as specified herein. Sidewalks shall consist of two zones: A street furniture and tree planting zone and a clear zone. The following regulations shall apply to all public sidewalks:
1.Street furniture and tree planting zone requirements. The street furniture and tree planting zone shall have a minimum width of five feet. Said zone shall be located immediately adjacent to the curb and shall be continuous. Said zone shall meet the tree planting requirements of subsection 16-35.012(3). In addition to the required planting of trees, this zone may also be used for the placement of street furniture including utility poles, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility and as approved by the director of the bureau of planning.
2.Clear zone requirements. Said zone shall be located immediately contiguous to the street furniture and tree planting zone and shall be continuous. Said zone shall be hardscape, and shall be unobstructed for a minimum height of eight feet and for a minimum width as specified below, by any permanent or nonpermanent element except as authorized in subsection 16-35.014(9).
a.Along streets which function as arterial or collector streets: Minimum width of ten feet.
b.Along streets which function as local streets: Minimum width of six feet.
3.Street tree planting requirements. Street trees are required and shall be planted in the ground a maximum of 40 feet on center within the street furniture and tree planting zone and spaced equal distance between street lights. All newly planted trees shall be a minimum of three inches in caliper measured 36 inches above ground, shall be a minimum of 12 feet in height, shall have a minimum mature height of 40 feet, and shall be limbed up to a minimum height of seven feet. Trees shall have a minimum planting area of 32 square feet. All plantings, planting replacement and planting removal shall be approved by the city arborist. The area between required plantings shall either be planted with evergreen ground cover such as mondo grass or liriope spicata or shall be paved as approved by the director of planning.
4.Tree grates. Tree grates are not required where all sidewalk width requirements are met. Where tree grates are required or otherwise installed, they shall be a minimum of four feet by eight feet, shall be a type specified by the director of planning in accordance with uniform design standards utilized by the director for placement of such objects in the public right-of-way, and shall be placed within the street furniture and tree planting zone. Where tree grates are not required or otherwise installed, tree planting areas shall be permitted to be planted with evergreen ground cover such as mondo grass or liriope spicata.
5.Paving. All paving within the street furniture and tree planting zone shall be a type specified by the director of plan-ning in accordance with uniform design standards utilized by the director for placement of such objects in the public right-of-way.
6.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 two and one-half feet and eight feet above grade. See subsection 16-28.008(9), Visibility at intersections.
7.No awning or canopy shall encroach beyond the clear zone.
8.Where property within this district abuts an R-1 through R-G, PD-H or MR district without an intervening street, the sidewalk area within 20 feet of such districts shall taper as necessary to provide a smooth transition to the existing R-1 through R-G, PD-H or MR districts sidewalk. In the event that the abutting R-1 through R-G, PD-H or MR district has no existing sidewalk, the sidewalk shall taper to a width of six feet.
9.Decorative pedestrian lights, where installed, shall be placed a maximum of 40 feet on center and spaced equal distance between required trees along all streets. Where installed, said lights shall be located within either the street furniture and tree planting zone or the supplemental zone. All said lights shall be Atlanta Type tCt as approved by the planning bureau.
10.Every commercially reasonable effort shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks.
11.Trash receptacles or similar elements, where installed, shall be a type specified by the director of planning in accordance with uniform design standards utilized by the director for placement of such objects in the public right-of-way and shall be placed within the street furniture and tree planting zone.
(Ord. No. 2002-39, § 1, 5-28-02)
§ 16-35.013
Supplemental zone.
Sec. 16-35.013. 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 following supplemental zone requirements may be counted towards UOSR requirements.
1.Supplemental zone general requirements:
a.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 two-thirds of the supplemental zone area;
b.Decks and off-street parking shall not be permitted within the supplemental zone;
c.Front porches or stoops on the principal structure shall be required, provided that they shall be a minimum of six-feet wide and a minimum of five feet in depth. Porches may be enclosed with screen wire or glass, provided that the main characteristics of the porch such as balustrades, columns or porch railings, and front doors are visible;
d.Terraces, porches and stoops shall have a maximum finished floor height of 24 inches above finishedgrade, unless existing topographical considerations render this requirement unreasonable, subject to the provisions in subsection 16-25.002(3);
e.The supplemental zone shall be no more than 24 inches above the adjacent public sidewalk for a minimum linear distance of 15 feet from the nearest edge of the adjacent public sidewalk, unless existing topographical considerations render this requirement unreasonable;
f.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.
g.Fencing 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.
2.Supplemental zone widths along front and side building façades:
a.Along streets that function as arterial and collector streets shall be a minimum width of nine feet.
b.Along streets that function as local streets shall be a minimum width of five feet.
3.Supplemental zones containing a depth of 15 feet or less shall meet the following additional requirements:
a.No balcony shall encroach more than ten feet into the supplemental zone area.
b.Shall not be counted towards UOSR 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.
4.Supplemental zones containing a depth greater than 15 feet shall be counted towards UOSR requirements only when the following additional requirements are met:
a.Shall permit and encourage pedestrians to walk on a minimum of 80 percent of the surface of the supplemental zone, excluding fountains, pedestrian furniture, public art and similar elements.
b.When adjacent nonresidential ground floor uses are provided, shall be visible and accessible from any point along 90 percent of any adjacent sidewalk.
c.When adjacent nonresidential ground floor uses are provided, all sides of buildings fronting said zone meet the requirements of subsection 16-35.014(6).
d.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.
5.Developments of greater than one acre in area and adjacent to existing transit stops which have no shelters shall provide a shelter within the supplemental zone for a minimum of one such stop. The design and location of such stop shall be approved by the director of the bureau of planning.
(Ord. No. 2002-39, § 1, 5-28-02)
§ 16-35.014
Relationship of building to street.
Sec. 16-35.014. 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 the adjacent sidewalk or less than or equal to five feet below the adjacent sidewalk.
2.Delineation of building floors at third story above sidewalk level and lower is encouraged shall be executed through windows, belt courses, cornice lines or similar architectural detailing.
3.The primary pedestrian entrance for pedestrians to access all sidewalk level uses and business establishments with public or private street frontage:
a.Shall face and be visible from the public or private street when located adjacent to such street. When located adjacent to a street that functions as an arterial street or a collector street, said entrance shall face and be visible from such street.
b.Shall be directly accessible and visible from the sidewalk adjacent to such street.
c.Shall remain unlocked during business hours for nonresidential uses.
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 singlefamily and two-family residential structures.
4.A street address number shall be located directly above the primary building entrance, shall be clearly visible from the sidewalk and shall be a minimum of six inches in height.
5.Along streets that function as arterial streets and collector streets, sidewalk level uses with street frontage shall only be retail, office, institutional, or residential. Said uses shall be provided for a minimum depth of 20 feet from any building façade along the public sidewalk.
6.Fenestration. (For parking deck requirements see section 16-35.018(10).)
a.Street-fronting nonresidential uses, with the exception of churches and fire stations, along streets that function as arterial streets and collector streets shall meet the following sidewalk level requirements:
i.The length of façade without intervening fenestration or entryway shall not exceed 20 feet.
ii.Fenestration shall be provided for a minimum of 75 percent of the length of all street frontages that function as arterial street and collector street frontages:
a)Beginning at a point not more than three feet above the sidewalk, to a height no less than ten feet above the sidewalk; or
b)Beginning at the finished floor elevation to a height no less than ten feet above the finished floor elevation when the finished floor elevation is three or more feet above the sidewalk; or
c)Beginning at a point not more than sidewalk level, to a height no less than ten feet above the finished floor elevation when the finished floor elevation is below the sidewalk.
iii.Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements.
b.Fenestration shall be provided for a minimum of 50 percent of the length of the street frontage for residential uses on all streets and for nonresidential uses, with the exception of churches and fire stations, on all streets other than streets that function as arterial streets and collector streets.
7.Buildings with residential uses at the sidewalk level shall meet the following regulations:
a.All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of fivefeet wide.
b.All such buildings with more than four residential units that are adjacent to the sidewalk shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch adjacent to the sidewalk. All pedestrian walkways providing such access shall be perpendicular to the street, unless topography prohibits, and shall be permitted to share said walkway with one adjacent unit.
c.Such buildings shall have windows at sidewalk level on each street frontage façade which are substantially similar in size to the sidewalk level front façade windows.
8.Sidewalk arcades. Buildings with nonresidential uses at the sidewalk level may have sidewalk arcades, which shall meet the following regulations:
a.Shall provide an at-grade sidewalk surface.
b.Arcade supports shall be a maximum width of five feet.
c.Shall provide a minimum of 25 feet of clear unobstructed space between arcade supports.
d.A building with a sidewalk arcade shall meet the requirements of subsection 16-35.014(6).
9.Fences and walls shall meet the following regulations:
a.For residential uses adjacent to the sidewalk, fences shall not exceed 42 inches in height when located between the primary building and the street or between any supplemental zone and the adjacent street. For nonresidential uses adjacent to the sidewalk, fences are prohibited when located between the building and the sidewalk except where specifically authorized elsewhere in this chapter for outdoor dining.
b.Retaining walls located adjacent to a sidewalk along a public street shall not exceed a height of two feet and the combined height of a fence where otherwise authorized and retaining wall shall not exceed a height of five feet, unless existing topography prohibits retaining walls of a lesser height. Retaining walls shall be finished poured concrete or shall be faced with stone, brick or smooth stucco. See subsection 16-29.001(25)(b).
c.No walls, except retaining walls, shall be located between the street and any building, with the exception of screening for authorized off-street loading areas.
d.Fences and walls located between the primary building and the lot line and not exceeding six feet in height may be erected, but shall not be permitted between the primary building and the street.
10.No barbed wire, razor wire, chain link fence or similar elements shall be visible from any public plaza, ground level or sidewalk level outdoor dining area or public right-of-way. (Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 202605(26-O-1001), § 18, 2-25-26)
§ 16-35.015
Signage.
Sec. 16-35.015. Signage.
Refer to section 16-28A., Sign ordinance. (Ord. No. 2002-39, § 1, 5-28-02)
§ 16-35.016
Loading areas, loading dock entrances and building mechanical and accessory features.
Sec. 16-35.016. Loading areas, loading dock entrances and building mechanical and accessory features.
1.Loading areas. Dumpsters and loading areas shall be paved with impervious materials and shall be screened so as not to be visible from any public plaza, ground level or sidewalk level outdoor dining area, public sidewalk or public right-of way. In addition, dumpsters and loading areas serving residential uses shall be enclosed with opaque walls six feet in height.
2.Loading dock entrances for nonresidential uses shall be screened so that loading docks and related activity are not visible from the public right-of-way.
3.Building mechanical and accessory features.
a.Shall be located to the side or rear of the principal structure and shall be in the location of least visibility from the public right-of-way. Screening with plant or fence materials shall be required if the equipment is otherwise visible from the public right-of-way.
b.When located on rooftops shall be incorporated in the design of the building and screened with building materials similar to the building.
c.Shall not be permitted between the building and any public street.
(Ord. No. 2002-39, § 1, 5-28-02)
§ 16-35.017
Off-street loading requirements.
Sec. 16-35.017. Off-street loading requirements.
See Table of loading requirements, section 16-28.015, Off-street loading requirements. (Ord. No. 2002-39, § 1, 5-28-02)
§ 16-35.018
Curb cuts and parking structures.
Sec. 16-35.018. Curb cuts and parking structures.
1.All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone.
2.Driveway and curb cut widths shall be 24 feet for two-way entrances and 12 feet for oneway entrances, unless otherwise permitted by the commissioner of transportation.
3.No circular drives shall be located between any building and any public street.
4.Curb cuts and driveways shall not be permitted on any street that functions as an arterial street or collector street when access may be provided from a side or rear street located immediately adjacent to a contiguous property.
5.Unless authorized by subsection 16-35.018(3), driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street.
6.Except as authorized in subsection 16-35.011(2), no more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have one curb cut located on each street frontage.
7.Entrances to garages and carports that serve a single residential unit shall face the rear yard, or a side yard which has no street frontage.
8.All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas.
9.Parking deck façades shall conceal automobiles from visibility from any public rightof-way or private drive or street that are open to the general public, and shall have the appearance of a horizontal storied building.
10.In addition to section 16-28.028, parking deck façades shall have the appearance of a horizontal storied building.
11.Notwithstanding the provisions of subsection 16-28.006(10), a common or joint driveway may be authorized by the director of the bureau of planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the bureau 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 provided to the bureau of planning.
12.All developments, including parking decks, shall have walkways a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See section 16-35.020, Minimum landscaping for parking lots and barrier requirements.
13.No drop-off lanes shall be permitted along public streets.
14.Parking decks are prohibited within the MR-MU district. Only surface parking lots and accessory garages as defined in section 16-29.001(14)(a) shall be permitted. (Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 200867(08-O-0196), § 22, 7-21-08; Ord. No. 2019-09(18O-1581), § 6.F, 1-31-19; Ord. No. 2020-33(20-O1381), § 56, 6-23-20)
§ 16-35.019
Lighting, security, and maintenance requirements.
Sec. 16-35.019. Lighting, security, and maintenance requirements.
1.All lighting including all parking decks and lots and lit canopies shall reduce light spillage onto residentially used properties by providing cutoff luminaries which have a maximum 90 degree illumination.
2.All lighting that up-lights trees, buildings or other elements, shall be located a minimum height of eight feet above the sidewalk, driveway or pedestrian area when not located within completely landscaped areas.
3.All surface parking lots and structures, whether a nonconforming principal use or accessory in use, and whether commercial or noncommercial, shall have the following minimum requirements:
a.Lighting shall be provided throughout all parking facilities to equal a minimum of two footcandle of light. A footcandle of light is a uniformly distributed flux of one lumen on a surface of one square foot in area. Where applicable, public street lighting may be utilized to either partially or totally fulfill the lighting requirements; however, where such street lighting is removed, it shall be the responsibility of the parking facility to independently provide these required levels of illumination.
b.Parking facilities shall be maintained in a clean, safe and sanitary condition. Parking spaces and driving lanes shall be clearly defined and maintained as such. Parking lots shall not be operated when any damage impairs the drivability of the parking lot. See section 16-28.014 for additional requirements.
c.Parking facilities operating before the effective date of this section shall have 24 months to comply herewith.
(Ord. No. 2002-39, § 1, 5-28-02)
§ 16-35.020
Minimum landscaping for surface parking lots, barrier requirements.
Sec. 16-35.020. 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:
1.Said parking lot requirements shall apply to all lots regardless of size;
2.All parking bays shall be terminated with a landscaped strip a minimum width of five feet and equal to the length of the parking bay.
3.All required landscaped areas shall be planted with evergreen groundcover or shrubs with a maximum height of 30 inches; and
4.All landscaped buffer areas and strips along sidewalks, drives, private streets and public rights-of-way shall have a minimum of one tree with a minimum caliper of three and one-half inches.
(Ord. No. 2002-39, § 1, 5-28-02)
§ 16-35.021
Off-street parking requirements.
Sec. 16-35.021. Off-street parking requirements.
In addition to the provisions of subsection 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):
1.Off-street surface parking shall not be located between a principal structure and the street.
2.Parking facilities 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 during nonnormal business hours by compliance with subsection 7. below.
3.For office uses minimum requirements unless otherwise stated:
a.All developments shall reserve and designate at least five percent of the employee parking spaces uCarpool Only.u Carpool spaces shall be used only by carpool vehicles in which at least two of the persons are employees or tenants of the building. Such spaces shall be located near the building's employee entrance or other preferable locations within the employee parking areas as approved by the director of the bureau of traffic and transportation.
b.All new parking structures shall be built to accommodate vanpool access. The minimum ceiling height for vanpools is eight feet two inches.
4.Alternative fuel vehicle charging stations. All automobile parking facilities shall include alternative fuel vehicle charging stations, or similar facilities, in a ratio of at least one station for every 100 automobile parking spaces. No development shall be required to exceed a maximum of five such spaces.
5.For residential uses. In the MR-MU district, the minimum parking requirement shall be 0.5 parking space per dwelling. In all other MR districts, see Table I, vLand use intensity ratiosv, for minimum parking requirements under appropriate FAR for the development.
6.Single room occupancy residence. One parking space for each two dwelling units, plus one space for each employee, shall be provided on the site.
7.For nonresidential uses minimum requirements unless otherwise stated:
a.Nursing homes, convalescent homes, and similar care facilities: One space for four beds.
b.Specific regulations for retail and eating and drinking establishments within 500 feet of a MARTA rail station entrance, as measured along public streets and pedestrian walkways: Establishments with a floor area of 500 square feet or less shall have no parking requirements.
c.Schools, colleges, churches, recreation or community centers and other places of assembly: One space for each four fixed seats (with 18 inches if 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 following:
i.Public or private elementary or middle school: Two spaces for each classroom.
ii.High school: Four spaces for each classroom.
iii.Colleges and universities: Eight spaces for each classroom.
d.All other nonresidential uses: One parking space for each 600 square feet of floor area shall be provided on the site.
8.Notwithstanding any provision of the City of Atlanta Code of Ordinances to the contrary, park-for-hire surface parking lots and parking decks are prohibited.
(Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 201909(18-O-1581), § 6.G, 1-31-19)
§ 16-35.022
Minimum bicycle parking requirements.
Sec. 16-35.022. Minimum bicycle parking requirements.
See section 16-28.014(6), Bicycle parking requirements. (Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 201909(18-O-1581), § 12, 1-31-19)
§ 16-35.023
Pedestrian bridges and tunnels.
Sec. 16-35.023. Pedestrian bridges and tunnels.
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. 2002-39, § 1, 5-28-02)
§ 16-35.024
Zero-lot-line development.
Sec. 16-35.024. Zero-lot-line development.
Zero-lot-line subdivision is permitted for residential uses provided a minimum of 800 square feet in lot area is provided. The additional requirements of section 16-28.007 shall also apply. (Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 201811(18-O-1023), § 7.D, 5-16-18)
CHAPTER 36. BELTLINE OVERLAY DISTRICT REGULATIONS