§ 16-20L.005. General regulations.

The following general regulations shall apply to all properties located within the Inman Park Historic District.

1.

General criteria.

a.

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

b.

In the Inman Park Historic District, the commission shall apply the standards referenced below only if the standards set forth elsewhere in this chapter 20L do not specifically address the application including multi-family residential, institutional, commercial, industrial and mixed use structures in Subarea 1:

i.

A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

ii.

The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.

iii.

Each property shall be recognized as a physical record of its time, place, and use. Changes shall not be undertaken that create a false sense of historical development, such as adding conjectural features or elements from other historic properties.

iv.

Changes to a property that have acquired historic significance in their own right shall be retained and preserved.

v.

Distinctive materials, features, finishes, and construction techniques, or examples of craftsmanship that characterize a property, shall be preserved.

vi.

Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, texture, and, where possible, materials.

vii.

Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

viii.

Archaeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.

ix.

New additions, exterior alterations, or related new construction, shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work may be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

x.

New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

c.

New construction in Subarea 2 and in Subarea 3: Contemporary design for new construction and for additions to existing properties shall not be discouraged when such new construction and additions do not destroy significant historical, architectural, or cultural material, and such construction or additions satisfy section 16-20L.007 or section 16-20L.008, as applicable.

d.

Compatibility rule:

i.

The intent of the mayor and council in establishing the regulations of the Inman Park Historic District is to ensure that alterations to existing structures, and new construction, in Subarea 1 and alterations to existing contributing structures in Subarea 2 and Subarea 3 are compatible with the historic design, scale, and general character of the entire district as it existed in 1945, of the contributing structures in each subarea, and of the contributing structures in the immediately adjacent environment of a particular block face; and further, to ensure that lot platting in Subarea 1 is compatible with the historic platting pattern of Subarea 1 and of a particular block face as it existed in 1945.

ii.

To further that intent and simultaneously permit flexibility in design, the regulations provide a compatibility rule which is as follows:

(a)

Where quantifiable (i.e. building height, setback, etc.), the element or building characteristic in question shall be no less than the smallest such element or building characteristic of buildings or site layouts in that block face that characterizes such like contributing buildings and shall be internally consistent with the historic design of the structure and shall be no greater than the greatest such element or building characteristic of buildings or site layouts in that block face that characterizes such like contributing buildings or site layouts and shall be internally consistent with the historic design of the structure.

(b)

Where not quantifiable (roof form, architectural trim, etc.) it shall be compatible with that which predominates in contributing structures on that block face and shall be internally consistent with the historic design of the structure.

e.

Initial plan review for proposed improvements in Subareas 2 and 3. Prior to submission of any development plans involving new construction including any addition to any existing building that otherwise requires review by the commission, such plans shall first be submitted to and reviewed by the bureau of planning for conformance with the zoning requirements of Subarea 2 or 3 as applies. The director of the bureau of planning shall review said plans and shall transmit to the director of the urban design commission in writing within 30 days of receipt of such plans a written statement as to whether or not in the planning director's opinion, such plans are in conformance with the zoning requirements imposed within Subarea 2 or within Subarea 3, as is applicable.

f.

Building height shall be measured on the front elevation from the average point of grade on the front elevation to the highest point of the roof or façade, whichever is higher.

2.

Certificates of appropriateness.

a.

Notwithstanding any other provision herein, no certificate of appropriateness shall be required unless, at a minimum, the work would otherwise require a building permit.

b.

Type I certificates of appropriateness for ordinary repairs and maintenance shall not be required in this district. Painting or repainting of any structure or portion thereof does not require a certificate of appropriateness.

c.

Type II certificates of appropriateness shall be reviewed by the director of the commission and shall be required for:

i.

All alterations to existing structures where visible from a public street or park, unless such alterations or additions are specifically exempted from certificates of appropriateness in the subarea regulations.

ii.

Fences, walls, accessory structures, decks, rear porches, and paving.

iii.

If a Type II certificate of appropriateness is required and the proposed alteration meets the requirements of section 16-20L.006, section 16-20L.007, or section 1620L.008, as applicable, the director of the commission shall issue Type II certificate within 14 days of the application.

iv.

If a Type II certificate of appropriateness is required and the proposed alteration does not meet the requirements of section 16-20L.006, section 16-20L.007, or section 16-20L.008, as applicable, the director of the commission shall deny the application with notice to the applicant within 14 days of the application.

v.

Appeals from any such decision of the director regarding the approval and/or denial of Type II certificates may be taken by any aggrieved person by filing an appeal in the manner prescribed in the appeals section of Chapter 16-20.008(a) for Type I certificates.

d.

Type III certificates of appropriateness shall he reviewed by the commission and shall be required for:

i.

All new principal structures.

ii.

Additions that are visible from a public street or park, unless such additions are specifically exempted from a certificate of appropriateness in the subarea regulations.

iii.

Revisions to previously approved plans that result in an increase in floor area ratio, lot coverage, height or a change in the building footprint.

iv.

Subdivisions, consolidations, and replats as required per section 16-20L.005(5).

v.

Variances and special exceptions.

e.

Type IV certificates of appropriateness shall be required for demolition or moving of any contributing principal structure. 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.

3.

Variances, special exceptions, and appeals. Variance applications, applications for special exceptions, and appeals from these regulations shall be heard by the commission. The commission shall have the authority to grant or deny variances from the provisions of this chapter when, due to special conditions, a literal enforcement of its provisions in a particular case will result in unnecessary hardship. The procedures, standards, and criteria for decisions regarding such variances shall be the same as those specified in chapter 26 of this Part 16. The commission shall have the authority to grant or deny applications for special exceptions pursuant to the standards in chapter 25. The commission shall have the authority to grant or deny applications for appeal pursuant to the standards in section 16-30.010 and the appeal provisions for said decision, set forth in section 16-30.010(e), shall also apply to the commission's decision.

4.

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 for Type II certificates of appropriateness for repair only to a property owner's principal 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:

i.

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

ii.

The age of the property owner;

iii.

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

iv.

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

v.

The costs associated with adherence to these regulations;

vi.

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

vii.

The purpose and intent of this chapter.

d.

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

5.

Subdivisions or consolidations.

a.

In Subarea 1, the platting pattern of the lnman Park Historic District is an integral part of the historic character of the district. No subdivision or consolidation shall be approved unless it can be shown that the proposed subdivision or consolidation is substantially consistent with the historic character of the district. In addition to the requirements of the subdivision and zoning ordinances, including but not limited to sections 15-08.002(a)(2) and 15-08.005(d)(6), all subdivisions or consolidations of lots shall conform to the historic platting pattern in the Inman Park Historic District with regard to lot size, dimensions, and configurations. The compatibility rule shall apply, and no subdivision or consolidation shall be approved unless and until the urban design commission has made a finding that it is consistent with this provision or with the platting pattern of the neighborhood, as it existed in 1945.

b.

In Subarea II and III, no replat to create additional lots or consolidation shall be approved unless and until the commission has made a finding that the proposed replat or consolidation will result in lots that would allow for future development that would meet the district and subarea regulations without the need for variance or special exception. The commission may make such a finding independent of or concurrently with the review of proposed new construction, alterations, or additions on those same lots.

6.

Tree preservation and replacement. The provisions of the City of Atlanta Tree Ordinance, Atlanta City Code section 158-26, shall apply to this district.

7.

Any time the provision 16-20.011 (b) of this part is enforced in this district, the director of the commission shall notify the Inman Park Neighborhood Association within ten days and a 30-day period for comment be allowed for the association. Further, the director shall regularly send to the Inman Park Neighborhood Association the agenda for each regular meeting and for any special meeting of the commission in which there is any agenda item for property located within the Inman Park Historic District.

(Ord. No. 2002-28, § 3, 4-10-02; Ord. No. 2011-58(11-O-1279), § 1, 12-14-11)