§ 16-20O.006. General regulations.

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

(1)

Certificates of appropriateness.

(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 Code of Ordinances.

(B)

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

(C)

Type I certificates of appropriateness for ordinary repairs and maintenance shall not be required in this district. For example, painting or repainting of any structure or portion thereof, or roof or driveway repair using same materials, do not require a certificate of appropriateness.

(D)

Type II certificates of appropriateness shall be required for any of the following to the extent they are visible from a public street: Any minor alteration to any façade of any principal structure, fences, walls, retaining walls, decks, skylights, solar panels, mechanical and communication equipment, shutters, awnings, accessory structures or paving. If a Type II certificate of appropriateness is required and the proposed alteration meets the requirements of this chapter, as applicable and other criteria applicable to Type II certificates, the director of the commission shall issue the Type II certificate within 14 days of receipt of the completed application. If a Type II certificate of appropriateness is required and the proposed alteration does not meet the requirements of this chapter, as applicable, the director of the commission shall deny the application with notice to the applicant within 14 days of receipt of the completed application. 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.

(E)

Type III certificates of appropriateness shall be required for:

(i)

All new principal structures.

(ii)

All major alterations and additions to existing structures.

(iii)

Subdivisions or aggregations of lots, and planned developments.

(F)

Type IV certificates of appropriateness shall be required for demolition, moving, or major alterations or additions to any principal structure, or existing gateway, or portions thereof.

(2)

Variances. Variance applications shall be heard by the urban design 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.

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 16-20O.007 notwithstanding.

(3)

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 neighborhood revitalization and prevention of displacement of residents, the commission may allow reasonable exemptions from these regulations 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.

(4)

Subdivisions and aggregation of lots. The platting pattern of the Atkins Park Historic District is an integral part of the historic character of the district. No subdivision or aggregation shall be approved unless it can be shown that the proposal is substantially consistent with the original plan 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 and aggregations of lots shall conform to the historic platting pattern in the Atkins Historic District with regard to area of lot, dimensions, and configurations.

(5)

Tree preservation and replacement. The provisions of the City of Atlanta Tree Ordinance, Atlanta City Code section 158-26 et seq., (Code 1977, as amended), shall apply to this district.

In addition to the Tree Ordinance, a Type III Certificate of Appropriateness to remove or destroy any tree having a diameter at breast height of 6 inches or greater for safety, landscaping, silviculture, construction, renovation or demolition shall be obtained prior to commencement of work. Trees determined to be dead, dying or hazardous are not subject to the certificate of appropriateness procedures. The application shall include a tree plan indicating the following:

(A)

Location of all existing trees with type and diameter indicated, including boundary trees;

(B)

Location of all existing trees to be saved indicated; and

(C)

Location of all proposed trees located with type and diameter indicated.

(6)

Alleys and by-ways.

(A)

Existing alleys and by-ways shall be maintained as part of the historic platting pattern. Alleys shall remain open for pedestrian and vehicular traffic. Byways shall remain open for pedestrian traffic only.

(7)

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, materials, and general character of the contributing buildings in the immediately adjacent environment of the block face, the entire block, or the district as a whole. Synthetic materials may be used if visually indistinguishable from the original materials. 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 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 block face."

(B)

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

(Ord. No. 2007-41(07-O-0862), § 3, 7-5-07)