§ 16-20L.007. Specific Regulations for Subarea 2, DeKalb Avenue Corridor Transitional District.

The DeKalb Avenue Corridor Transitional District, Subarea 2, consists of properties that are zoned C-1, C-2, C-2-C, I-1, and other zoning classifications. The following regulations shall apply to all properties located within this Subarea 2.

1.

The intent of the regulations for the DeKalb Avenue Corridor Transitional District, Subarea 2, is as follows:

a.

To mitigate any negative effects that existing and proposed commercial properties may have on adjoining residential properties in the Inman Park Historic District.

b.

To ensure harmony between existing and future uses of the properties in this subarea and the overall residential character of the district.

c.

To discourage displacement of residents, to allow for a variety of housing opportunities compatible with and complementary to the architectural character of the neighborhood, and to ensure the health, safety, and welfare of the neighborhood residents.

2.

Single and two-family residential uses. For single and two-family residential uses the regulations set forth in section 16-20L.006 shall apply.

3.

Multi-family residential uses. For multi-family uses the following controls and requirements shall apply:

a.

Development controls:

i.

Setbacks: The front yard setback shall not be less than five feet nor greater than 15 feet. Other setbacks shall be regulated by the applicable commercial district regulations.

ii.

Bulk limitations: Floor area ratio shall not exceed an amount equal to 0.696 times (69.6 percent) net lot area.

b.

Height:

i.

Maximum building heights: Buildings located within one hundred fifty feet of a single-family or a two-family residential district boundary shall have a maximum height of 35 feet. Buildings located between 150 feet and 300 feet from a single-family or a two-family residential district boundary shall have a maximum height of 52 feet.

ii.

Transitional height planes: Where this use adjoins a district in R-1 through RG, PD-H, or any other exclusively residential zoning classification without an intervening street, height within the subarea shall be limited as follows: No portion of any structure shall protrude through a height-limiting plane beginning 35 feet above the buildable area boundary nearest to the common residential district boundary and extending inward over the commercial subarea at an angle of 45 degrees.

c.

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

d.

Architectural standards: The standards contained in section 16-20L.005(1)(b) and section 16-20L.005(1)(c) shall apply.

4.

Nonresidential uses. For nonresidential uses the following controls and requirements shall apply:

a.

Development controls:

i.

Setbacks: The front yard setback shall not be less than five feet nor greater than 15 feet. Other setbacks shall be regulated by the applicable commercial district regulations.

ii.

Bulk limitations: Floor area ratio shall not exceed an amount equal to one times 100 percent net lot area.

b.

Height:

i.

Maximum building heights: Buildings located within 150 feet of a single-family or a two-family residential district boundary shall have a maximum height of 35 feet. Buildings located between 150 feet and 300 feet from a single-family or a two-family residential district boundary shall have a maximum height of 52 feet.

ii.

Transitional height planes: Where this use adjoins a district in R-1 through RG, PD-H, or any other exclusively residential zoning classification without an intervening street, height within the subarea shall be limited as follows: No portion of any structure shall protrude through a height-limiting plane beginning 35 feet above the buildable area boundary nearest to the common residential district boundary and extending inward over the commercial subarea at an angle of 45 degrees.

c.

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

d.

Architectural standards: The standards contained in section 16-20L.005(1)(b) and section 16-20L.005(1)(c) shall apply.

5.

Zoning variances granted prior to enactment of this chapter. Any owner of property who obtained, on or after January 1, 1982, and prior to the effective date of this chapter, a variance from the city board of zoning adjustment to construct all or a portion of a project within the boundaries of this district, shall be entitled to construct said project in accordance with the plans presented in said application, the provisions of section 16-20L.007 notwithstanding.

(Ord. No. 2002-28, § 3, 4-10-02)