§ 16-20L.006. Specific regulations for Inman Park Core District, Subarea 1.

In the Inman Park Core District, Subarea 1, the commission shall apply the standards referenced in section 16-20l.005(1)(b) only if the standards set forth below in this chapter 20L do not specifically address the application:

1.

Design standards and other criteria for construction of and for additions to one- and two-family residential structures.

a.

No individual house design shall be substantially repeated on the same side of a street block.

b.

An unpaved planting strip adjacent and parallel to the public street shall be provided. The compatibility rule shall apply to the dimensions and location of planting strips.

c.

A sidewalk between the planting strip and the required front yard and parallel to the public street shall be provided. The compatibility rule shall apply to sidewalks. The sidewalk shall be the same width as the sidewalk on abutting properties or it shall be the width required by law, whichever is greater. If no sidewalk exists in the block, the new sidewalk shall not be less than six-feet wide. If no sidewalk paving material predominates in the block, the sidewalk shall be constructed of the historically accurate material for that block, either hexagonal pavers, concrete inlaid with hexagonal imprint, or brick.

d.

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

e.

All front façades, front porches, front steps, and front doors of the principal structure shall face and be parallel to the street, except in those blocks in which the historic pattern is such that houses are situated at an angle to the street, in which case the compatibility rule shall apply.

f.

The compatibility rule shall apply to the form and pitch of the primary roof of the principal structure.

g.

The compatibility rule shall apply to the height, scale, and massing of the principal structure, except as noted below. In no case shall the height of a structure exceed 35 feet. (See section 16-28.022 for excluded portions of structure.)

i.

The height of additions shall not be subject to the compatibility rule, but shall be no higher than the existing structure.

ii.

Notwithstanding the compatibility rule, any new roof ridge line shall be no higher than the highest roof ridge line of the existing structure.

h.

Height of the first floor of the front façade above grade shall be subject to the compatibility rule. The first floor of the principal structure shall be on foundations and shall be elevated above grade at the front façade a minimum of two entrance risers each of which shall be not less than seven inches in height. Slab-on-grade construction is not permitted.

i.

Front porches on principal structures shall be required. The compatibility rule shall apply to the design and size of said front porches, provided that such porches shall be a minimum of 12 feet wide or one-half of the width of the front façade, whichever is greater, and a minimum of eight feet deep. Front porches shall contain roofs, balustrades, columns, steps, and other features compatible with porches in the existing block. Front porches may extend up to ten feet into the required front yard. All front porch steps shall have closed risers and ends.

j.

Decks are permitted only when located to the rear of the principal structure. Such decks shall be no wider than the width of the house and shall not project beyond the side façade of the existing house.

k.

The use of chimneys with new principal structures is encouraged. When any portion of a chimney is visible from a public street or park as a façade element, the chimney shall originate at grade.

l.

Fences and walls, excluding permitted retaining walls, visible from a public street or park upon completion, subject to the provisions of section 16-28.008(5) and the following limitations, may occupy required yards:

i.

Fences not exceeding four feet in height may be erected in the front yard or half-depth front yard. Walls, excluding permitted retaining walls, are not permitted in the front yard or in other yards adjacent to public streets,

ii.

Fences and walls not exceeding six feet in height may be erected in side or rear yards.

iii.

Fences located in the required front yard adjacent to a street shall be constructed of brick, stone, metal vertical pickets or wood pickets. Chain link fencing is not permitted in front yards or in other yards adjacent to public streets.

m.

The compatibility rule shall apply to the height of portions of retaining walls located in a required front yard or in a required yard adjacent to a public street that are visible from a public street or park. Such retaining walls shall be faced with stone, brick, or smooth stucco. The compatibility rule notwithstanding, no single section of such retaining wall shall exceed four feet in height.

n.

The compatibility rule shall apply to the following aspects of fenestration, if visible from a public street or park upon completion:

i.

The style of the individual window.

(1)

Windows in the front façade shall be predominantly vertical in proportion.

(2)

If muntins and/or mullions are used, such muntins and/or mullions shall be either true divided lights or simulated divided lights with muntins integral to the sash and permanently affixed to the exterior face of glass.

(3)

Window and door casings widths and depths are subject to the compatibility rule.

ii.

The size and shape of individual window openings.

iii.

The overall pattern of fenestration as it relates to the building façade.

o.

Mechanical equipment shall be located to the side and rear of the principal structure and where possible in the location least visible from a public street or park. Screening with appropriate plant material or fencing is required if the equipment is visible from a public street or park.

p.

Wood lap siding, cementitious lap siding, brick, stone, external insulating finishing system ("EIFS"), and true stucco systems are permissible building materials for the façade of the principal structure. Corrugated metal, aluminum siding, and vinyl siding are not permitted.

q.

The compatibility rule shall apply to building materials and design elements, if visible from a public street or park upon completion, and in addition to all other applicable regulations, as follows:

i.

The dimensions of the exposed face of lap siding and wood shingles.

ii.

The type of brick and pattern of brickwork.

iii.

The type of stone and pattern of stonework.

iv.

The material and texture of stucco.

v.

The size and type of doors.

(1)

Exterior doors shall be wood panel or fixed glass panel in wood frame.

vi.

The materials and pattern of roofing.

vii.

Paving materials for walks and drives.

(1)

Asphalt is not permitted.

viii.

Visible foundation materials.

(1)

Foundations shall constitute a distinct building design element and shall contrast with the primary façade siding material. Exposed concrete or CMU foundation walls are prohibited as a finished surface.

ix.

Visible portions of chimneys.

(1)

Chimneys shall be faced with masonry. Siding on chimneys is not permitted.

x.

Skylights are permitted where not visible from a public street or park wherever possible. Protruding bubble skylights are prohibited.

2.

Setback requirements:

a.

New construction: The following setback requirements and maximum floor area ratio shall apply to all permitted uses of new construction: Front, side, and rear setbacks shall be subject to the compatibility rule.

b.

New additions to existing structures: The following setback requirements and maximum floor area ratio shall apply to all permitted uses of new additions to existing structures: Rear setbacks shall be subject to the compatibility rule. The compatibility rule shall not apply to the front and side setbacks of any addition to an existing structure, however the front and side yard setbacks of the addition shall not be less than the respective setback, at its closest point, of the existing structure.

3.

Off-street parking and driveways. In addition to the provisions of section 16-28.008(7), which shall apply and are incorporated herein, the following parking requirements shall apply to all permitted uses:

a.

Off-street parking shall not be permitted between the principal structure and any public street.

b.

Parking shall not be permitted on walkways that are located between the street and the façade of the principal structure.

c.

The use of alleys for access to such parking is both permitted and encouraged. No variance is required for driveways coming off of an alley provided however that such driveways shall not extend past any façade which faces a public street.

d.

Driveways shall not exceed a width of ten feet not including the flare at the street. Two-way driveways, where required for an allowed commercial or multi-family use, shall not exceed 24 feet not including the flare at the street.

4.

Principal uses and structures:

a.

Properties that have an underlying zoning designation of R-5 shall be used only for the following principal purposes subject to the following provisions:

i.

Single-family detached dwelling.

ii.

Two-family dwelling, subject to the limitations and requirements set forth herein.

iii.

In no case shall there be more than one principal building and one principal use on a lot.

iv.

A lot shall not be used for more than two dwelling units.

v.

Floor area ratio shall not exceed 0.50.

b.

Properties that have an underlying zoning designation of RG-1 shall be used as is otherwise permitted pursuant to the provisions of chapter 8 of this part and shall comply with all applicable provisions of this chapter 20L.

c.

Properties that have an underlying zoning designation of RG-2 shall be used as is otherwise permitted pursuant to the provisions of chapter 8 of this part and shall comply with all applicable provisions of this chapter 20L.

d.

Properties that have an underlying zoning designation of RG-3 (Residential General, Sector 3) district shall be used as is otherwise permitted pursuant to the provisions of chapter 8 of this part and shall comply with all applicable provisions of this chapter 20L.

e.

Properties that have an underlying zoning designation of RG-3-C (Residential General, Sector 3-Conditional) district shall be used as is otherwise permitted pursuant to the provisions of chapter 8 of this part and to the conditions imposed by the city council and mayor and shall comply with all applicable provisions of this chapter 20L.

f.

Properties that have an underlying zoning designation of NC-1 (Neighborhood Commercial-1) district shall be used as is otherwise permitted pursuant to the provisions of chapter 32 of this part and shall comply with all applicable provisions of this chapter 20L.

g.

Properties that have an underlying zoning designation of R-LC (Residential—Limited Commercial) district shall be used as is otherwise permitted pursuant to the provisions of chapter 9 of this part and shall comply with all applicable provisions of this chapter 20L.

h.

Properties that have an underlying zoning designation of R-LC-C (Residential—Limited Commercial-Conditional) district shall be used as is otherwise permitted pursuant to the provisions of chapter 9 of this part and to the conditions imposed by the city council and mayor and with all applicable provisions of this chapter 20L.

i.

Properties that have an underlying zoning designation of C-1 (Commercial) district shall be used as is otherwise permitted pursuant to the provisions of chapter 11 of this part and shall comply with all applicable provisions of this chapter 20L.

j.

Properties that have an underlying zoning designation of C-2 (Commercial Service) district shall be used as is otherwise permitted pursuant to the provisions of chapter 12 of this part and shall comply with all applicable provisions of this chapter 20L.

k.

Properties that have an underlying zoning designation of C-2-C (Commercial Service—Conditional) district shall be used as is otherwise permitted pursuant to the provisions of chapter 12 of this part and to the conditions imposed by the city council and mayor and shall comply with all applicable provisions of this chapter 20L.

l.

Properties that have an underlying zoning designation of I-1 (Light Industrial) district shall be used as is otherwise permitted pursuant to the provisions of chapter 16 of this part and shall comply with all applicable provisions of this chapter 20L.

m.

Properties that have an underlying zoning designation of SPI-5 (Inman Park Special Public Interest) district shall be used as is otherwise permitted pursuant to the provisions of chapter 18E of this part and shall comply with all applicable provisions of this chapter 20L.

n.

Properties that have an underlying zoning designation of PD-MU (Planned Development-Mixed Use) district shall be used as is otherwise permitted pursuant to the provisions of chapter 19B of this part and to the conditions imposed by the city council and mayor and shall comply with all applicable provisions of this chapter 20L.

5.

Limits on two-family development. In order to preserve the character of single-family pattern of development and to preserve the historic pattern of development in which accessory buildings are visually subordinate to principal residential buildings, the following regulations shall apply:

a.

Principal buildings that are designed as two-family dwellings shall conform to the historic pattern in which the two dwelling units are attached and are either side by side or one unit is located above the ground floor unit. The compatibility rule shall apply to the configuration of the duplex structure.

b.

Where an accessory building is used as a detached single-family dwelling, the following limits shall apply:

i.

The accessory dwelling unit shall not exceed 1,200 square feet or 40 percent of the area of the principal building, whichever is less.

ii.

For the purposes of subsection 6.g.v below, which limits the total allowable area of the accessory building to 30 percent of the principal building, the square footage of the accessory dwelling unit shall not be included when calculating the total area of the accessory building.

6.

Permitted accessory uses and structures: These regulations permit uses and structures that are customarily incidental and subordinate to permitted principal uses and structures. These include but are not limited to the following, subject to limitations and requirements set forth herein or elsewhere in this part:

a.

Greenhouses, garden sheds, private garages, and similar structures. When a private garage is part of a principal structure, the garage door may not be located on the front façade of the principal structure, nor the side façade if visible from a public street or park.

b.

Swimming pools, tennis courts, and similar active recreation facilities subject to the following limitations:

i.

Such active recreation facilities in any yard, required or other, adjacent to a street shall require a special exception from the urban design commission, which special exception shall be granted only upon finding that:

(1)

The location will not be objectionable to occupants of neighboring property, or the neighborhood in general, by reason of noise, lights, or concentrations of persons or vehicular traffic, and

(2)

The area for such activity could not reasonably be located elsewhere on the lot.

ii.

The urban design commission may condition any special exception for such facilities based on concerns regarding fencing, screening or other buffering, existence and/or location of lighting, hours of use, and such other matters as are reasonably required to ameliorate any potential negative impacts of the proposed facility on adjoining property owners.

c.

Home occupations, subject to limitation set forth in section 16-29.001(17).

d.

Structures necessary for active construction projects.

e.

Devices for the generation of energy, such as solar panels, wind generators and similar devices, electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE, but not located in or to the front of the principal structure.

f.

The following regulations shall apply to all permitted accessory uses and structures:

i.

Except in the case of home occupation, no accessory use shall be of a commercial nature.

ii.

No accessory structure shall be constructed until construction of the principal structure has actually begun, and no accessory structure shall be used or occupied until the principal structure is completed and in use.

iii.

Accessory structures shall not cover more than 25 percent of the rear yard.

iv.

Accessory structures shall be placed behind the principal structure; side and rear setbacks shall not be less than three feet.

v.

Accessory structures shall not exceed 25 feet in height or the height of the principal structure, whichever is less, and shall not contain a total floor area greater than 30 percent of the floor area of the principal structure.

(Ord. No. 2002-28, § 3, 4-10-02; Ord. No. 2011-58(11-O-1279), § 1, 12-14-11; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14 )