CITY OF ATLANTA ZONING ORDINANCE QUICK FIXES In 2015 the City of Atlanta selected a team of consultants to conduct a comprehensive assessment of the City s Zoning Ordinance, including a review of the ability of the Zoning Ordinance to implement City policies, the usability and clarity of the Zoning Ordinance to administer and use, and national best practices in zoning. Out of this process, two recommendation types emerged: (1) Quick Fixes and (2) Future Code Changes. Quick Fixes are updates to the Atlanta Zoning Ordinance that are relatively easy to prepare, meet a critical need, and are met with broad public support. Future Code Changes are updates that should be undertaken as part of the full Zoning Ordinance updates over three to five years. The Atlanta Office of Zoning and Development has also been working through the Atlanta Technical Advisory Committee (TAC), of which the Council for Quality Growth has a statutorily appointed member, to bring periodic updates on the progress of this undertaking and solicit feedback for future additions, improvements, and points of reconsideration. The Quick Fixes Ordinance (17-O-1839) was referred to Zoning Review Board. The proposed ordinance represents the first phase of quick fixes. A second phase is anticipated next year, and a full rewrite of the city s zoning ordinance will come in three to five years. One of the major changes creates a citywide set of bike parking standards. New standards require developers to install bike parking at each building on a site in both nonresidential and residential areas. Outdoor bike racks would have to be publicly accessible and lit at all times, accessible to street or trail without using stairs and must be no more than 100 feet from the building door. Indoor racks would have to be lit and accessible to occupants without using stairs at all times. There is also a requirement that office buildings in excess of 50,000 sf provide showers and lockers at a ratio of two showers per 50,000 sf. Another change would require new developments to repair existing sidewalks or to build sidewalks if they don t already exist. Newer zoning districts currently require this, but older ones do not. The new requirements would call for 10-foot sidewalks on major corridors and six-foot sidewalks on all other streets. It would also allow for 3-foot sidewalks in places necessary to accommodate trees and their roots. The Ordinance also encourages single-family and two-family housing development in multi-family districts currently allowed but underutilized because of large minimum lot sizes by reducing minimum lot sizes in MR and RG districts for detached single-family, two-family, and zero-lot-line lots. The Ordinance further addresses storage pods being left for extended periods of time on people s property. Other smaller changes would eliminate the requirement for independent driveways, delete unused zoning districts in Midtown, and allow for taller HVAC units. Please see below for a full breakdown of the proposed Ordinance. Atlanta Zoning Ordinance Update Quick Fixes 17-O-1839 Sections 1-3 Accessory Structure Height Current regulations limit the height of accessory structures in side yards to 30 inches. Modern HVAC condensers are often taller than 30 inches. The Ordinance proposes increasing the height of allowable HVAC systems to 44 inches to accommodate new HVAC condensers. All other accessory structures within required yards would remain a maximum of 30 inches. Accessory Building Size Current regulations limit the total floor area of accessory buildings to less than 30% of the floor area of the main structure. The existing language has raised questions about whether the floor area of the main structure includes the main structure s total building footprint or the habitable floor area, and whether it includes a basement. The Ordinance clarifies that the term main structure has the same meaning as the citywide definition of residential floor area, which excludes basements, garages, and porch area. It further dictates that the calculation of the [1]
total floor area of an accessory building is intended to mean the gross floor area of the entire accessory building, regardless of whether it is conditioned/habitable. Accessory Uses in Residential Districts By disallowing the creation of lots that are smaller than the minimum size required for a single-family house in residential subdivision districts, current regulations discourage amenities such as pools, club houses, and common open space in residential subdivisions. The Ordinance updates the subdivision regulations to: (a) expand the definition of a lot to include amenity areas; (b) clarify that amenity areas may include structures for amenity elements, such as swimming pools, tennis courts, club houses, etc; (c) require amenity areas to be buffered from adjoining areas so they do not negatively impact surrounding properties; and (d) clarify that the standards for building lots do not apply to amenity areas. Further, the Ordinance expands the accessory use and structure regulations to include new amenity areas, which will allow a lot to be used as an amenity area only when provided as part of a subdivision and only for use as an open space. Section 4 Bicycle Parking Of the 18 separate, often conflicting, sets of bicycle parking standards currently contained in the Zoning Ordinance, many do not include requirements for residential uses, they allow bike parking to be poorly located, and none include premium/long-term bike parking requirements. Under the proposed Ordinance, the following table applies city-wide: Fixed Bicycle Rack Parking Spaces Enclosed Bicycle Parking Spaces Maximum Combined Requirement Residential Uses Multifamily (less than 10 units) Multifamily (10 or more units) 1 per 5 units; 2 n/a No more than 50 1 per 10 units; 2 1 per 10 units; 2 No more than 50 Non-Residential Uses Offices 1 per 8,000 sf; 2 1 per 8,000 sf; 2 No more than 50 All other non-residential uses 1 per 4,000 sf; 2 n/a No more than 50 The fixed bicycle racks: May not be inside of a building, but may be covered; Must be publicly accessible and lit at all hours; Must be accessible to a street or trail without the use of stairs; Must be as close as the closest automobile space (except handicapped); May not block the sidewalk and must be in the amenity zone, a maximum of 100 feet from the building door; Must be of a type specified by the City, if located in the public right-of-way. The enclosed bicycle parking: Must be enclosed bicycle storage in lockers, a room within a building, or within a parking structure; Must be accessible to all building occupants and to public entrances and walkways, secure, weather resistant, and lit at all hours; Must be accessible to a street or trail without the use of stairs or elevators. Additionally, buildings containing over 50,000 gross square feet of office space must provide showering facilities, including showers and lockers, in a ratio of at least two showering facilities for every 50,000 gross square feet of office space in excess of 50,000 square feet. These facilities must be available to all office tenants and their employees. Regardless of the [2]
gross square feet of office space in a building, the maximum number of shower facilities shall not be required to exceed four. Section 5 Deletion of Unused Districts In the current Zoning Ordinance there are three Midtown zoning districts that were replaced over 10 years ago by Special Public Interest Districts (SPIs). The proposed Ordinance deletes the Midtown District regulations (SPI-3), Arts Center District regulations (SPI-4), and Upper Midtown neighborhood regulations (SPI- 10). Section 6 Independent Driveways The current Zoning Ordinance requires conforming lots to have their own driveway, which must be entirely on the lot and directly connected to a public street, even if the zoning district does not require parking. The proposed Ordinance deletes this requirement entirely to allow more creative driveway and alley design approaches. Section 7 RG and MR Single-Family and Two-Family Lot Sizes The current Zoning Ordinance allows single-family and twofamily house in multi-family districts; however, the minimum lot sizes in these districts are larger than is characteristic of Atlanta s historic patterns and discourage providing single-family and two-family houses in these multi-family districts. RG District Standard Single- Family & Two-Family lots Single-Family Zero-Lot-Line MR Districts MR-1 MR-2 MR-3 MR-4A MR-4B Current Min. lot width 50 ft Min. net lot area 5,000 sf Single lot area 2,500 sf with combined area of 5,000 sf Min. lot width 10 ft with combined width of 50 ft Min. street frontage 25 linear ft Min. street frontage 25 linear ft Min. street frontage 20 linear ft Proposed Min. lot width 20 ft Min. net lot area 1,000 sf Single lot area 800 sf with combined area of 5,000 sf Min. lot width 16 ft with combined width of 50 ft linear ft for all linear ft for all linear ft for all [3]
MR-5A MR-5B MR-6 Zero-Lot-Line in any MR district Min. lot area 1,000 sf 5,000 sf for all 5,000 sf for all 5,000 sf for all Min. lot area 800 sf Section 8 MRC Building Placement In MRC districts, the current Zoning Ordinance requires that residential uses with windows along a side or rear lot line provide a minimum 20-foot side or rear yard setback. The proposed Ordinance eliminates the 20-foot setback requirement for residential units with windows along a side or rear lot line, and retains existing transitional yard requirements adjacent to R and RG districts. Section 9 Unified Development Plans Current Zoning regulations require that if master planned developments are subdivided, each lot must comply with all zoning requirements, despite being part of a master planned development. This discourages common parking areas, larger open spaces, and good urban design. Further, relief may only be granted by variance or special exception; however, master planned developments often do not meet the code s technical hardship requirements. The proposed Ordinance allows unified development plans by Special Administrative Permit (SAP) in all districts, except R-1 through R-5, R-LC, and PD- districts. The current provisions of SPI-12 are used as a model for the citywide standards which would, prior to subdivision, allow the site to determine conformance with side and rear setbacks, transitional yards, transitional height plains, lot coverage, on-site parking and loading, open space, and floor area ratio. Section 10 Non-Conforming Minimum Façade Heights The current Zoning Ordinance requires minimum building façade heights along certain streets in many new zoning districts. Existing buildings with façades that are less than the minimum height requirement face challenges when making small additions because the code requires the additions to be taller than the existing building. The proposed Ordinance allows existing buildings that do not conform with the minimum building façade height requirement to expand their footprint up to 35 feet in any direction before the minimum building façade height requirements apply. Section 11 Transfer of Special Use Permits Under current regulations, the transfer of ownership of a Special Use Permit (SUP) must be approved by the City Council, even though the permit itself and its provisions do not change. The proposed Ordinance endows the Office of Zoning and Development with the authority to approve the transfer of ownership of a Special Use Permit. Further, the proposed Ordinance requires change of ownership applicants to verify their ability to adhere to the terms and conditions of the Special Use Permit of which they are proposing to receive ownership. This would not allow for any changes to the conditions, criteria, or site plans assigned to previously approved SUPs. Section 12 Sidewalk Requirements The current Zoning Ordinance requires sidewalks to be installed with development in newer zoning districts, but lacks sidewalk requirements in older zoning districts (e.g. O-I, R-LC, RG, C, I). Further, single-family [4]
developments are only required to provide sidewalks when subdivision occurs - new infill houses that are not part of a subdivision can be built without repairing or upgrading the sidewalks in front of them. The proposed Ordinance updates sidewalk requirements, applicable to new sidewalks installed with development, in various districts the following ways: Districts O-I, R-LC, RG, C, and I o Minimum 5-foot amenity zone along the curb for items such as street trees, benches, utility poles, public art, waste receptacles, fire hydrants, traffic signs, traffic control boxes, newspaper boxes, transit shelters, and similar items; o Minimum 10-foot walk area on arterial and collector streets; o Minimum 6-foot walk area on other streets. Districts R-4 and R-5 (except when historic, landmark, or overlay standards apply) o Repair existing sidewalk, or; o Install amenity zone and walk area to match abutting properties, or; o If no sidewalk exists on abutting properties, install amenity zone and walk area to match the block, or; o If no sidewalk exists on the block, install a minimum 2-foot amenity zone and minimum 5-foot walk area; o Walk areas may be reduced to a minimum of 3 feet to avoid existing trees. The proposed ordinance also empowers the Director of the Office of Zoning and Development to make adjustments to sidewalk requirements if: Existing sidewalks are not in need of repair; Trees existing in the proposed sidewalk zone contain trees having a diameter at breast height (DBH) of six inches or more; Topographic conditions would result in a sidewalk 12 inches above or below the finished curb; Topographic conditions would prevent driveway access upon completion of the sidewalk; Physical conditions exist such as existing structures, existing utility devices, or rock outcroppings in the sidewalk area; Sidewalks on the block are of a different size; There are no sidewalks on the block; or If historic district or SPI district regulations conflict. Section 13 Temporary Storage Containers (Storage Pods) in R-Districts Storage pods are increasingly used on properties for short-term storage needs, and the current Zoning Ordinance provides no standards for their regulation and duration. The proposed Ordinance defines storage pods and creates new regulations applicable to these pods in R-1 through R-5 districts. The proposed Ordinance creates a maximum time limit for pods of 60 days in any 365-day period per lot, requires storage pods to have visible notation on the exterior of the container stating the dates of delivery and retrieval date of the pod, and requires storage pods to be located away from streets and visibility triangles. Section 14 Non-Conforming Lot Replats The current Zoning Ordinance requires that, when re-platting adjoining lots, the newly created lots conforms to all requirements of the zoning regulations (Chapter 16), and, if the new lots don t conform to all requirements of the subdivision regulations (Chapter 15), they must equal or reduce the degree of nonconformity. The proposed ordinance streamlines these requirements to allow re-platting of adjoining lots that, if not fully in compliance with all zoning and subdivision regulations, will nonetheless be approved if they equal or reduce the degree of pre-existing nonconformity. Please contact Taylor Morison at tm@councilforqualitygrowth.org or 770-813-3374, or James Touchton at jt@councilforqualitygrowth.org if you have questions or comments or if you have property or projects that may be affected. [5]