§ 16-20A.006. General regulations.

The following regulations shall apply to more than one subarea in the Cabbagetown Landmark District, which includes all five subareas. certificates of appropriateness required above shall be obtained from the commission or the director, as applicable, in accordance with the following regulations:

(1)

Minimum standards. These regulations constitute the minimum standards that shall be followed and shall be applied by the commission and director.

(2)

The commission shall apply the standards in section 16-20.009 only if the standards set forth elsewhere in this chapter 20A do not specifically address the application.

(3)

Applications. Materials necessary for complete review of an application shall be submitted with the application as set forth by the director. In addition, a scaled site plan showing all improvements, photographs of existing conditions and adjoining properties, and elevation drawings of all improvements shall be submitted for all Type III certificate of appropriateness applications. For new construction of a principal building, the application shall also include a scaled drawing showing all front yard setbacks, heights of, and widths of, and the distances between all existing buildings on the block face, along with those of the proposed structure.

(4)

Additional notification. The applicant shall be given contact information for interested Cabbagetown community organizations and shall be directed to provide the organization with a copy of the submitted application and attachments within three days of submission to the commission.

(5)

Cabbagetown design guidelines. The commission shall adopt and maintain guidelines, referred to herein as the Cabbagetown Design Guidelines. These guidelines shall: further the intent of these regulations; further define elements of architectural style and applicability; provide important additional detailed information regarding the construction and renovation of historic buildings; and be used as a guide to ensure the compatibility of future development in the Cabbagetown Landmark District.

(6)

The compatibility rule.

a)

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 contributing buildings in the immediately adjacent environment of the block face, the entire block, a particular subarea (including appropriate reference to subarea style) or the district as a whole. To permit flexibility, many regulations are made subject to the compatibility rule, which states: "The element in question (roof form, architectural trim, etc.) shall match that which predominates on the contributing buildings of the same architectural style and like use on that block face or, where quantifiable (i.e., buildings height and width as measured at front façade, floor height, lot dimensions, etc.), no smaller than the smallest or larger than the largest such dimension of the contributing buildings of the same architectural style and like use in that block face."

b)

For the purposes of the compatibility rule, height and width shall be measured at the front façade.

c)

In any instance where one contributing building of the same architectural style and like use on a block face is higher or wider by more than ten percent than any other contributing building of like use on a block face, such structure shall be eliminated in the application of the compatibility rule.

d)

Those elements to which the rule applies are noted in the regulations by a reference to the "compatibility rule."

(7)

Variances. Variance requests shall be heard by the commission which will have the authority to grant or deny variances from the provisions of this chapter when, due to special conditions, a literal enforcement of its provisions in a particular case will result in unnecessary hardship. The procedures, standards, criteria and appeal provisions for decisions regarding such variances shall be the same as those specified in chapter 26 of this Part 16.

(8)

Financial hardship exemptions.

a)

These regulations set forth a minimum standard of architectural compatibility with the rest of the district. However, in order to balance other equally important objectives of economic development, neighborhood revitalization, and prevention of displacement of residents, the commission may allow reasonable exemptions from these regulations to a property owner's principle residence on the ground of economic hardship to the property owner.

b)

The burden of proving economic hardship by a preponderance of the evidence shall be on the applicant.

c)

The commission shall consider the following factors in determining whether an economic hardship exemption in whole or in part will be granted:

1.

The present income of the property owner(s) and those occupying the property;

2.

The age of the property owner;

3.

The length of time the property owner has resided in the neighborhood or in the residence for which the exemption is sought;

4.

The availability of other sources of funds that are appropriate to the circumstances of the applicant, including loans, grants and tax abatements;

5.

The costs associated with adherence to these regulations;

6.

The degree of existing architectural significance and integrity of the structure; and

7.

The purpose and intent of this chapter.

d)

The commission shall consider these factors and shall grant an exemption, in whole or in part, as appropriate upon a finding that the applicant's economic hardship outweighs the need for strict adherence to these regulations.

(9)

Minimum lot requirements. There shall be front, rear, and side yard setbacks. The distance of said setbacks shall be determined by the compatibility rule.

(10)

Subdivision of lots. The subdivision of any lot within this district shall be subject to review and approval by the commission. No subdivision of lots shall be approved by the director of the bureau of planning unless said matter has first been submitted to and approved by the commission. No subdivision of lots shall be approved unless the commission shall make a finding that the resulting lots are compatible with the historic platting pattern of the Cabbagetown neighborhood. The commission shall further find that the resulting lots are so laid out that buildings that are compatible in design, proportion, scale, and general character of the block face, may be reasonably situated and constructed upon such lots. The compatibility rule shall apply.

(11)

Subdivision of lots other than lots for one- and two-family dwellings. No new lots for multi-family, commercial, or industrial uses permitted within the Cabbagetown District shall be created except upon approval of the commission. Applications shall be made to the commission, and the commission shall not approve the creation of any new lot unless the commission shall make a finding that the resulting lot or lots are compatible with the historic platting pattern of the Cabbagetown neighborhood. The commission shall further find that the resulting lot or lots are so laid out that buildings that are compatible in design, proportion, scale, and general character of the block face, may be reasonably situated and constructed upon such lot or lots. The compatibility rule shall apply.

(12)

Aggregation of lots. No lots shall be aggregated except upon approval of the commission. Applications shall be made to the commission, and the commission shall not approve any aggregation of lots unless the commission shall make a finding that the resulting lot or lots are compatible with the historic platting pattern of the Cabbagetown neighborhood. The commission shall further find that the resulting lot or lots are so laid out that buildings that are compatible in design, proportion, scale, and general character of the block face, block, subarea, and the district as a whole, may be reasonably situated and constructed upon such lot or lots. The compatibility rule shall apply.

(13)

Design standards and criteria for new principal buildings. The following regulations shall apply to new construction of principal buildings.

a)

General criteria:

1.

All new construction shall be one of the house styles of a contributing building that appears on the block face of the street on which the new construction shall occur.

2.

The general façade organization and proportions shall be subject to the compatibility rule.

3.

All of the following building elements shall be appropriate to the selected house style, regarding design, size, dimension, scale, material, location on the building, orientation, pitch, reveal and amount of projection from the façade:

a.

roofs, chimneys, and roofing materials;

b.

siding;

c.

eaves, soffits, brackets, rafter tails, knee braces, cornice returns, and gable returns;

d.

corner boards, fascia boards, bottom boards, decorative trim, and attic vents;

e.

doors and door transoms;

f.

windows and window transoms;

g.

porches, including supports, columns, balustrades, steps, and roofs; and

h.

foundation walls, foundation piers, and water tables.

All the elements listed above shall be utilized in a meaningful, coherent manner, rather than a mere aggregation of random historic elements.

4.

Sidewalks, front yards, porches, and front doors facing and parallel to the street shall be provided.

b)

Façades:

1.

Wood, smooth-surface cementitious siding or Masonite siding are permitted.

Siding shall exhibit a horizontal, clapboard profile. Siding shall have no less than a four-inch reveal and no more than a six-inch reveal.

2.

The height of the first floor above street level shall meet the compatibility rule. The foundation shall be a minimum of 14 inches and a maximum of four feet above the surface of the ground adjacent to the front façade. Brick, stone, smooth finish stucco, and smooth finish concrete are permitted as foundation facing materials.

3.

Windows shall be predominantly vertical in proportion, shall not be constructed in combination of more than two units, and shall be double-hung wood sash with true divided lights. Window organization and fenestration patterns shall meet the compatibility rule.

4.

Exterior doors visible from any public right-of-way shall be solid wood panel or single-pane fixed glass and shall be composed of no more than 50 percent glass.

5.

Exterior architectural details, such as brackets, decorative trim, corner boards, bottom boards, fascia boards, porch railing, columns, steps and doors, and attic vents, shall be shown on the submitted plans, and shall be subject to the compatibility rule.

c)

Roofs:

1.

The shape and pitch of roofs, as well as ridge, dormer, overhang, and soffit construction shall meet the compatibility rule.

2.

Skylight and solar panels are not permitted on the front façade of any structure. "Bubble type" skylights are not permitted anywhere in the Cabbagetown Landmark District. The placement and design of flat profile skylights and/or solar panels, where permitted, shall minimize their ability to be seen from public rights-of-way and is subject to approval by the commission.

3.

When chimneys are included, chimneys shall be faced in brick, originate at grade and are subject to approval by the commission.

4.

Boxed gable returns are not permitted.

5.

Roofing material shall be asphalt shingles. Fiberglass roofs are not permitted. Flat-roofed structures or structures not visible from any public right-of-way may use any roof covering that conforms to standard architectural specifications.

d)

Dormers: When permitted, dormers shall be subject to design review by the commission and shall meet the following requirements:

1.

Shall be gable or shed design as appropriate to the architectural style of the building and shall maintain the siding, roof materials, and trim consistent with the main portion of the building.

2.

Shall not engage the ridgeline of the main roof structure.

3.

The front edge of the dormer shall not interrupt the primary fascia or soffit line.

4.

Shall not occupy less than 15 percent nor more than 35 percent of the total surface area of the roof plane on which it is constructed.

e)

Porches:

1.

Front porches shall contain balustrades, columns, and have other characteristics, including floor dimension, height, roof pitch, overhang, and column size that meet the compatibility rule.

2.

Decorative metal, resin, fiberglass and plastic columns are not permitted.

3.

Porches may be enclosed with recessed screen wire if the main characteristics of the porch are maintained.

4.

Front porch steps shall be made of wood, brick, or concrete. Metal steps are not permitted.

f)

Site development, sidewalks and curbs:

1.

The sidewalk shall be the same width as the sidewalk on abutting properties. If no sidewalk exists on abutting properties, the new sidewalk shall match sidewalk widths on the block. If no sidewalk exists on the block, the new sidewalk shall be six feet wide.

2.

Sidewalks shall be brick on a concrete base and laid in a pattern to match existing on abutting properties or elsewhere in the district.

3.

Curbing shall be granite; poured concrete shall not be used.

4.

A paved walkway from the front public sidewalk to the front entry of the principal building shall be provided.

(14)

Design standards for alterations and additions to contributing buildings. Alterations and additions to contributing buildings shall be subject to design review by the commission and shall be consistent with and reinforce the historic architectural character of the existing building, shall comply with the appropriate regulations for new construction set forth in section 16-20A.006(13), and shall comply with the following requirements:

a)

All repair work shall be match the original materials regarding design, size, dimension, scale, material, location on the building, orientation, pitch, reveal and amount of projection from the façade.

b)

All replacement materials or building elements shall match the original materials or building elements regarding design, size, dimension, scale, materials, location on the building, orientation, pitch, reveal and amount of projection from the façade.

c)

Alterations shall not introduce materials or building elements that do not reinforce the architectural character of the building and shall not destroy historic materials that characterize the property.

d)

The height or width of any alteration or addition shall not exceed the height or width of the existing building.

e)

Any alterations or additions shall be compatible with the massing, scale and architectural features of the property.

(15)

Alterations and additions to non-contributing buildings. Alterations and additions to non-contributing buildings shall comply with one of the following:

a)

Alterations and additions shall be consistent with the architectural style of the existing building and the height or width of any alteration or addition shall not exceed the height or width of the existing building, or:

b)

Alterations and additions shall be representative of a single architectural style chosen from those represented by contributing buildings on the block face where the existing non-contributing building is located, shall comply, as applicable, with Design Standards and Criteria for New Principal Buildings, section 16-20A.006(13), and the height or width of any alteration or addition shall not exceed the height or width of the existing building.

(16)

Accessory structures and uses. Accessory structures and uses that are customarily incidental and subordinate to permitted principal uses and structures are allowed. These include the following, subject to limitations and requirements set forth herein or elsewhere in this part:

(a)

Carriage houses, tool and garden sheds, greenhouses, private garages and similar structures shall be unattached, located to the rear of the principal building within the buildable area of the lot, and shall not project beyond the front of the principal building. In addition, they shall be located in the least visible location within permissible areas. The commission may require screening with appropriate plant or fence materials if said structure is visible from the public right-of-way;

(b)

Satellite dishes, devices for the generation of energy, such as solar panels, shall be attached to a building and shall not be visible from any public right-of-way;

(c)

Home occupations; and

(d)

Electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE.

(17)

Grading and landscaping.

a)

Grading shall not excessively or unnecessarily alter the natural topography of the site, with the exception of grading necessary to protect and preserve the integrity of a structure.

b)

New grades shall meet existing topography in a smooth transition.

c)

Approval of an application for a certificate of appropriateness may be conditioned on the implementation of a landscape plan to mitigate the environmental and visual impacts of construction on adjoining properties. The commission may require that plant materials in a landscape plan reflect the character of the Cabbagetown Landmark District.

(18)

Fences and walls.

a)

Fencing, walls, and retaining walls are subject to design review by the commission.

b)

Fences shall not exceed four feet in the front or the half-depth yards.

c)

Fences and walls shall not exceed six feet in the side or rear yards.

d)

Fences shall be constructed of wood or chain link. Barbed wire and razor wire are prohibited.

e)

Retaining walls. Retaining walls located adjacent to a public right-of-way shall have a maximum height of two feet from sidewalk grade and shall be faced with either stone, brick, or smooth stucco, whichever predominates on that block face. Stacked stone is not permitted. The combined height of a fence and retaining wall adjacent to a sidewalk shall not be greater than four feet from sidewalk grade. The combined height of a fence and retaining wall in a side or rear yard shall not exceed six feet. See section 16-29.001(25).

(19)

Off-street and off-site parking.

a)

All new construction, change in use, alterations, or additions that increase the number of dwelling units and/or increase the square footage of nonresidential or multi-family shall include off-street parking.

b)

The number of required parking spaces is set out in each subarea.

c)

Variances may be allowed from this requirement subject to the standard procedures and requirements for a variance found in these regulations.

d)

Off-street parking shall not be located or authorized between the principal building and the street.

e)

Off-street parking may be located in a rear or side yard.

f)

The driveway of a lot used for residential purposes shall extend at least 20 feet behind the front façade of the house.

g)

Carports or garages that serve a single dwelling unit shall be permitted if detached from and located to the rear of the main structure. If the structure is located on a corner lot, the front yard setback for that side street shall apply to the construction of a carport or garage.

h)

The design of carports and garages shall be reviewed and approved by the commission.

i)

Off-street or off-site parking shall include landscape buffer strips placed along sidewalks and public rights-of-way. Landscape buffer strips shall be: a minimum of three feet in width, planted with a mixture of evergreen groundcover or shrubs a minimum of three gallons at time of planting with a maximum mature height of 30 inches; and planted with canopy street trees that are a minimum of 3.5 inch caliper measured 36 inches above ground and a minimum of 12 feet in height at time of planting placed no further than 25 feet on center. All landscape buffer strips shall be maintained in a sightly manner.

j)

Mesh paver blocks (including the installation of durable ground cover plantings), poured concrete, concrete pavers, decorative stone or brick are permitted paving materials for driveways and surface parking. Asphalt is not permitted.

k)

Use of shared driveways and/or alleys is encouraged.

l)

The commission shall have the authority to vary section 28.006(10) relative to the requirement for an independent driveway connected to a public street.

(Ord. No. 2003-16, § 1(Att. A), 3-11-03; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14 )