City of Atlanta
Georgia

Ordinance
14-O-1020

AN ORDINANCE BY COUNCILMEMBER HALL TO AND SECTIONS OF CHAPTER 20C OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTA WIDCH GOVERNS MARTIN LUTHER KING, JR. LANDMARK DISTRICT TO STIMULATE GROWTH AND INVEST MENTS IN THE DISTRICT; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 2 Kwanza Hall
Category:Personal PaperFunctions:None Required

Attachments

  1. Jan 13 Zoning Reroute to ZRB

Body

WHEREAS, the Martin Luther King, Jr. Landmark District was created to preserve the historical and architectural heritage of the District; and

 

 

WHEREAS, the Atlanta City Council recognizes the importance of the protection, perpetuation and enhancement of the Martin Luther King, Jr. Landmark District; and

 

 

WHEREAS, the District councilmember convened a steering committee of long-time residents and neighborhood leaders to undertake a review of existing zoning guidelines for the residential portion of the district; and

 

 

WHEREAS, it is also the public policy of the City of Atlanta to safeguard, protect and enhance the District's attract ions to tourists and visitors; and

 

 

WHEREAS, strict or overly restrictive regulations impede the growth of the District by stifling economic and housing activities; and

 

 

WHEREAS, the health of the District depends, to a large extent, on a balanced approach to accommodate all competing interests of the community of the whole; and

 

 

WHEREAS, NPU-M, the District neighborhood planning unit, recognizes the importance of growth in the Martin Luther King, Jr. Landmark District; and

 

 

WHEREAS, NPU-M has proposed new languages  to the existing regulations governing the Martin Luther King, Jr. Landmark District in the hope of attracting new/renovated housing development and business investments; and

 

 

WHEREAS, while it is critical to preserve the District, the City Council also recognizes that it is important to broaden the appeal of the District; and

 

 

WHEREAS, the Atlanta City Council supports the amendments as suggested by NPU-M to bring about a balanced approach to the preservation and growth of the Martin Luther King, Jr. Landmark District.

 

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

 

-1-

ATLANTA, GEORGIA as follows:

 

SECTION 1: That Code of Ordinances of the City Atlanta, Part III "Land Development Code", Part 16-Zoning Chapter 20C. - Martin Luther King, Jr. Landmark District_shall be amended to read as follows:

 

Sec. 16-20C.001. - Statement of intent.

 

( 1) To preserve the environmental character and physical appearance of the area, including residential, commercial and institutional structures built from the late 19th Century to the present; to preserve the existing spatial relationships where significant; and to ensure that any new development within the Landmark District is compatible with the present architectural and spatial attributes that prevail.

(2)              To encourage the preservation of the Martin Luther King, Jr. Landmark District in such a way as to reflect and reinforce the historic neighborhood character and the unique historical relationship between the surrounding residential uses and the commercial uses, and the unique historical relationship between the commercial uses and the rest of the city.

(3)              To ensure that redevelopment and rehabilitation of the district as a whole will contribute to and enhance the particular significance of the area in which one of Atlanta's most renowned citizens, Martin Luther King, Jr., was born and grew to international prominence; and to further ensure that those individual buildings of particular significance to the life and legacy of Martin Luther King, Jr. will be preserved and enhanced by all proposed development within the Landmark District.

(Code 1977, § 16-20C.001)

 

Sec. 16-20C.002. - Division into subareas.

 

(1)              The Martin Luther King, Jr. Landmark District is divided into subareas for the purpose of designating special areas of like characteristics with regulations appropriate to preservation, restoration, rehabilitation or redevelopment treatment.

a.              Auburn Avenue Residential District Subarea 1.

b.              Residential District Subarea 2.

c.              Institutional District Subarea 3.

d.              Auburn Commercial Corridor Subarea 4.

e.              Edgewood Commercial Corridor Subarea 5.

f.              Transitional zone Subarea 6.

(2)              The boundaries of the different subareas within the district are delineated on the accompanying map entitled "Martin Luther King, Jr. Landmark District."

Sec. 16-20C.003. - General regulations.

 

The following regulations shall apply y to the entire Landmark District inclusive of all subareas. All rehabilitation, restoration or new construction shall require a certificate of appropriateness from the Atlanta Urban Design Commission (AUDC). All proposed development shall conform to the following regulations:

(1)              Regulations shall be minimum standards which must be followed and shall be applied by the AUDC.

(2)              The AUDC may further adopt and maintain guidelines that extend the intent of these regulations, further define elements of architectural style, and further ensure the compatibility of future developments within this Landmark District.

(3)              The power to hear, grant or deny variances and special exceptions from these regulations shall rest with the AUDC.

(4)              Procedure for variance: Upon a determination by the AUDC that an application for renovation or new construction is in conflict with these regulations and/or the guidelines, the AUDC shall institute procedures for public notification and public hearing as are specified similarly for the board of zoning adjustment (section 16-26.001). Notification shall

incl ud ing any government or nonprofit institution which has legitimate interest in the historic integrity of this Landmark District.

(5)              The compatibility rnle: In general, the intent of the regulations and guidelines is to ensure that alterations to existing structures and new construction are compatible with the design, proportions, scale, massing, and general character of the entire district, of each subarea, and of the immediately adjacent environment of a particular block. To further that intent and simultaneously retain flexibility, the regulations provide a "compatibility rule" which is:  The element in question, such as roof form or architectural trim, shall match that which predominates on contributing buildings of like use along the same block face. Where

quantifiable, such as building height or floor height, the element shall be no smaller than the smallest or larger than the largest such dimension of the contributing building(s) of like use along the same block face. Those elements to which the compatibility rule applies are specified in these regulations by reference to "compatibility rule."

(6)              Nonconforming uses: All regulations contained in this section are to be applied to permitted uses in each subarea only. Any alteration or addition to nonconforming uses, as well as to all nonresidential uses in Subareas 1 and 2, shall be subject to design review by the AUDC.

(7)              Variance on economic hardship: The regulations contained in this section set a minimum standard of architectural compatibility with the rest of the district. However, in order to comply with other equally important objectives in the M.L. King Landmark District, such as economic development, neighborhood revitalization, and prevention of potential displacement of residents, every effort will be made to allow reasonable variance from the regulations on grounds of economic hardship to the property owner and the displacement of area residents. The burden of proof that the regulations pose such a hardship shall be on the

property owner.

 

 

Variance from these regulations and additional architectural guidelines may be granted upon conditions as stipulated in section 16-20.009(7) of this part or upon the following determinations:

a.              Compliance with the Landmark regulations or guidelines would result in displacement of area residents and undermine the socio-economic character of the community. It shall be the responsibility of the property owner to provide the AUDC with all appropriate information as to how all proposed new development will affect area residents.

b.              Compliance with these regulations would hinder rehabilitation by placing an economic hardship upon the property owner, based on his/her costs for materials and workmanship, as determined by the AUDC.

c.              In the event that the goals of items (a) and (b) above are in conflict, item (a) shall take precedence.

(8)              Further standards: In addition to specific standards listed herein, the standards set forth in section 16-20.009 shall be applied by the AUDC. Due to the close proximity of structures and other characteristics unique to this Landmark District, smooth face cementitious siding and simulated divided light windows or plain sash windows shall be authorized as replacement materials and materials for new construction within this district.

(9)              Multiple lots: Several lots combined for the purpose of a single project, in keeping with the permitted uses in this part, shall be permitted so long as the project maintains the intent and spirit of these regulations. Such a determination shall be made through the process of design review by the AUDC.

(10)              Lot divisions: The division of separate lots is subject to administrative approval provided for in the subdivision regulations of the City of Atlanta [part 15 of this Code].

(11)              )Off-street parking:

a.              Off-street parking shall not be permitted in the front yard of a lot used for residential purposes.

b.              Off-street parking shall be permitted in the side and/or rear yard of a lot used for residential purposes.

c.              Carports or garages shall be permitted if detached from and located to the rear of the main residential structure. If said structure is located on a comer lot, the front yard setback for that side street shall appl y to the construction of a carport or garage.

d.              Off-street parking shall not be permitted on vacant lots, except that one (1) adjacent lot owned by the resident occupant may be used to park up to two (2) owner's vehicles in operable condition provided such parking does fall within the established front, side or rear yard setback.

e.              Off-site parking, grouped or other, may be permitted through a certificate of appropriateness in Subareas 3, 4 and 5.

(12)              Demolition or moving of existing buildings:

a.              All buildings in the Landmark District shall be subject to the provisions for demolition or moving of existing structures as defined in section 16-20.007(3) of this part, provided

that a partial demolition of a contributing principal structure shall require a Type IV certificate of appropriateness only when said partial demolition will result in the loss of significant architectural features that destroys the structure's historic interpretability or importance. Moving a building is acceptable only as a last resort to demolition.

b.              It shall be allowable to move a structure from outside the Landmark District to a vacant site within the Landmark District if the structure is compatible in use and historic building style with surrounding structures in the district. The structure shall also reflect and reinforce the character of the historic district. The determination of compatibility

shall be made along with proposed site plan review by the AUDC. Relocation shall not be considered preferable to new development, but shall be allowable upon determination by the AUDC that the proposed relocation can better serve the overall revitalization effort  and general historic compatibility.

(13)              Accessory structures: The design of all accessory structures as defined by this part shall be subject to review by the AUDC.

(14)              Certificates of Appropriateness:

a.              Except as otherwise provided herein, the procedures for determining the correct type of certificate of appropriateness shall be those specified in section 16-20.008.

b.              The following Type II Certificates of Appropriateness shall be reviewed by the Director of the AUDC rather than the AUDC:

i.              Fences, walls and retaining walls;

ii.              Decks, skylights, solar panels, mechanical and communication equipment if visible from the public street;

iii.              New accessory structures and alterations to existing accessory structures;

iv.              Shutters and awnings if visible from a public street;

v.              Security doors and window grates;

vi.              Replacement of non-original, non-historic or missing elements that otherwise meet the regulations, including but not limited to siding, windows, porch railings, porch columns, porch flooring, and exterior doors, if visible from a public street; and

vii.              Paving.

If such Type II certificates of appropriateness meet the requirements of this Chapter and other criteria applicable to Type II certificates, including the materials authorized in section

16-20C.003(8), the Director of the AUDC 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 of the AUDC 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 chapter 16-20.00S(a) for Type I certificates. All required Type II Certificates of Appropriateness not listed above shall be reviewed by the AUDC.

 

(15)              Building facades, roofs, and other elements visible from the street right-of-way: Alteration and addition to building facades, roofs, porches, foundations and other exterior elements shall conform to these regulations and to the guidelines adopted and applied by the AUDC.

(16)              Streetscape: Alteration to the streetscape, such as facade changes or the addition of planters, trash containers, street lighting, and similar elements, shall require a certificate of appropriateness by the AUDC.

(17)              Gross lot area, how calculated: On residential lots of less than 10,000 square feet, the calculation of the gross lot area shall be limited to the net lot area plus half the permanent open space (to a maximum of 50 feet) adjoining the lot's narrowest street frontage only.

(18)              Parking structures and surface parking lots; parking attendants, security, maintenance, landscaping and barrier requirements: In that part of the Martin Luther King, Jr. Landmark District lying and being west of the I-75/85 Interstate Highway, the provisions of sections 16-18A.012 and 16-18A.013 shall be applied to existing primary or accessory parking structures and surf ace parking lots and shall control the development of any new primary or accessory parking structures and surface parking lots where said structures and surface parking lots are permitted within the Martin Luther King, Jr. Landmark District. Said controls shall be applicable without regard to the designated subarea and shall be administered and enforced by the AUDC in accordance with such procedures as are established in section 16, chapter 20 generally; provided, however, that properties identified as being within Subarea 6 shall remain governed by the regulations provided for in section 16-20C.009.

Sec. 16-20C.004. - Auburn Avenue Residential District Subarea 1.

 

In addition to the general regulations required in section 16-20C.003, the following regulations shall apply to new development, rehabilitation, and the conversion of existing structures to permitted uses with the Auburn Avenue Residential subarea.

 

These regulations are intended to preserve the historic residential character of this subarea and encourage reuse of existing structures in a manner consistent with the history and integrity of the subarea and to assure that any other use which may be permitted for preservation purposes be compatible with the historic nature of this portion of Auburn Avenue.

 

The preservation and restoration of the Auburn Avenue Residential District are considered of key importance due to the location of the King birth home in this subarea.

( 1) Permitted principal uses:

a.              Single-family dwellings.

b.              Two-family dwellings.

c.              Three- or four-unit apartment buildings.

 

d.              Bed and breakfast inns as defined in section 16-29.001(78) with the following modifications:

1.              The bed and breakfast use shall be located within a contributing building within subarea 1 of this Landmark District.

II.   Up to three rooms (only) shall be available for guest stays.

iii.              The maximum length of stay shall not exceed ten consecutive days.

iv.              No independent kitchen facilities shall be authorized.

v.              No more than three such uses shall be authorized within the entire subarea 1.

vi.              All bed and breakfast uses shall require a Type III Certificate of Appropriateness

from the AUDC. The AUDC shall allow such use only after determining that each of the above criteria have been met, that all other applicable requirements of this district and subarea 1 have been met, and that satisfactory provisions and arrangements have been made by the applicant for each of the following criteria, as applicable to each application:

1.              Ingress and egress to the property and proposed structure or uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

2.              Off-street parking and loading areas where required, with particular attention to the items in 1 above.

3.              Refuse and service areas.

4.              Appropriate buffering or screening to alleviate such potentially adverse effects as may be created by noise, glare, odor, lighting, signs or traffic congestion.

5.              Hours and manner of operations.

6.              Length of time regarding the duration of such certificate, if any, including any requirement that the certificate of appropriateness cease upon a change in ownership of the bed and breakfast.

 

e.              Nonresidential uses and apartment buildings over four units shall be granted a certificate of appropriateness by the AUDC upon its finding that such use can be shown by archived evidence or sworn affidavit(s) to have previously existed on the proposed site and that such proposed use will be of a scale and type that is no greater than that which previously existed and that is architecturally compatible within the Landmark District.

(2)              Permitted accessory uses and structures: Uses and structures are permitted which are customarily incidental and subordinate to permitted uses and structures. These include but are not limited to the following, subject to limitations and requirements set forth in this chapter or elsewhere in this part:

a.              Accessory buildings and uses shall be permitted as specified in section 16-07.004 for single-family, two-family and multiple-family property.

b.              Such structures shall be located to the rear of the principal structure and not within a required side or rear yard yards as required in section 16-07.008 (minimum yard requirements).

(3)              Area regulations; subdivision of lots:

a.              For those lots within the subarea, fronting along the northern side of Auburn Avenue or the southern side of Old Wheat Street, the minimum lot area shall be 5,300 square feet.

b.              For those lots within this subarea, fronting along the south side of Auburn Avenue, the minimum lot area shall be 10,000 square feet.

(4)              Lot coverage: The compatibility rule shall apply for the purposes of determining permitted lot coverage. An average lot coverage shall be determined for each area described in paragraph (3) above.

(5)              Minimum yard requirements:

a.              The compatibility rule shall apply as established for each residential use type. All new construction shall maintain a minimum seven feet for rear yard setbacks even where the compatibility rule would permit a smaller rear yard setback.

b.              Parcels on the south side of Old Wheat Street between Hogue Street and Bradley Street shall be permitted to treat the Old Wheat Street frontage as the rear yard. Said parcels shall be required to locate their front yard fronting Auburn Avenue.

(6)              Maximum height: Height of any alteration, addition, or new construction shall be established through the compatibility rule. All heights shall be measured from the sidewalk adjoining or adjacent to the primary building facade.

(7)              Notwithstanding the height and setback requirements in this subarea 1, previously existing contributing residential structures may be reconstructed to their original footprints and height through issuance of a certificate of appropriateness by the AUDC upon a finding that such structural dimensions have been shown by archived evidence or sworn affidavit(s) to have previously existed on the proposed site.

(8)              Existing retaining walls.

a.              Notwithstanding the maximum height requirements in this subarea 1, the AUDC may increase the height of new residential construction on an individual parcel containing an existing retaining wall provided each of the following criteria is met:

1.              The existing retaining wall was constructed during or prior to this district's period of significance;

11.              The existing retaining wall is located between the primary building, or former primary building, and the street; and

u1.              The increase in height does not exceed the height of the existing retaining wall measured from the sidewalk adjoining or adjacent to the primary building facade or former primary building facade, or five feet, whichever is less.

b.              An increase in height authorized on an individual parcel under this subsection shall not be used to establish the maximum height for other parcels under the compatibility rule.

(9)              Landscaping criteria:

a.              A certificate of appropriateness shall be required for any alteration to existing sidewalks or driveways, removal of trees with a caliper of four inches or greater, or the removal of shrub massings or hedges over three feet in height.

b.              Major site renovation or alteration of front yard gardens or other planting visible from the street R.O.W. shall require a certificate of appropriateness by the AUDC.

c.              All trees with a caliper of four inches or greater as measured four feet above the ground, outside of the building site, which are cleared for any reason other than legal/authorized removal, shall be replaced with trees having a minimum caliper of two and one-half inches.

(10)              Fences and walls: Fences and walls are not permitted in front yards or where otherwise visible to public view as determined by the Director of the AUDC.

Sec. 16-20C.005. - Residential District Subarea 2.

 

In addition to the general regulations required in section 16-20C.003, the following regulations shall apply to any new development, rehabilitation or the conversion of any existing structures to permitted uses within the residential district subarea.

 

These regulations are intended to preserve the character and scale of the residential environment as it existed during the historic period of the Martin Luther King, Jr. Landmark District. These regulations are intended to ensure that permitted uses will maintain the historic integrity of the subarea and the district as a whole.

 

(1)              Permitted principal uses:

a.              Single-family dwellings compatible as to architectural style and scale with the overall character of the subarea, as determined by the AUDC.

b.              Two-family dwellings compatible as to architectural style and scale with the overall character of the subarea as determined by the AUDC.

c.              Three- or four-unit dwellings compatible as to architectural style and scale with the overall character of the subarea as determined by the AUDC. Floor area ratios shall not exceed sector 3 as indicated on Table I "Land Use Intensity Rations." (See section 16- 08.007.)

d.              Places of worship on sites of one acre or more.

e.              Bed and breakfast inns as defined in section 16-29.001(78) with the following modifications:

1.              The bed and breakfast use shall be located within a contributing building within subarea 2 of this Landmark District.

u.              Up to three rooms (only) shall be available for guest stays.

iii.              The maximum length of stay shall not exceed ten consecutive days.

iv.              No independent kitchen facilities shall be authorized.

v.              No more than two bed and breakfast uses shall be authorized per block face.

vi.              No more than six such uses shall be authorized within the entire subarea 2.

vii.              All bed and breakfast uses shall require a Type III Certificate of Appropriateness from the Commission. The Commission shall allow such use only after determining that each of the above criteria have been met, that all other applicable requirements of this district and subarea 2 have been met, and that satisfactory provisions and arrangements have been made by the applicant for each of the following criteria, as applicable to each application:

1.              Ingress and egress to the property and proposed structure or uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

2.              Off-street parking and loading areas where required, with particular attention to the items in 1 above.

3.              Refuse and service areas.

4.              Appropriate buffering or screening to alleviate such potentially adverse effects as may be created by noise, glare, odor, lighting, signs or traffic congestion.

5.              Hours and manner of operations.

6.              Length of time regarding the duration of such certificate, if any, including any requirement that the certificate of appropriateness cease upon a change in ownership of the bed and breakfast.

f.              Nonresidential uses shall be granted a certificate of appropriateness by the AUDC upon a finding that such use has been shown by archived evidence or sworn affidavit(s) to have previously existed on the proposed site and that such proposed use will be of a scale and type that is no greater than that which previously existed and that is architecturally compatible with the Landmark District. The UDC may make minor adjustments to such previous historic uses in order to allow for updated use designations provided such adjustments are similar in type, scale and intensity to the previous use and comply with

all applicable definitions, standards, criteria and related provisions.

g.              Other non-residential uses shall be authorized along the south face of Irwin Street and the east face of Boulevard within subarea 2 provided they meet each of the following restrictions:

1.              Such uses shall not exceed a depth of 65 feet from the edge of curb along the south face of Irwin Street.

ii.                            When located along Boulevard within 165 feet of Auburn Avenue, such uses shall not exceed a depth of 70 feet from the edge of curb along the east face of Boulevard.

iii.              When located elsewhere along Boulevard, such uses shall not exceed a depth of 135 feet from the edge of curb along the east face of Boulevard.

iv.              All edge of curb depth measurements are intended to reflect accurate lot line boundary