§ 16-20U.011. Accessory uses and structures.

These regulations permit uses and structures that are customarily incidental and subordinate to permitted principal uses, structures, and buildings. These include but are not limited to the following, subject to limitations and regulations in the Bonaventure-Somerset Historic District or elsewhere in the City of Atlanta Zoning Ordinance:

(1)

Accessory Dwelling Unit (ADUs): Where an accessory building is used as a detached single-family dwelling (also known as an ADU), the following limits shall apply:

a.

The ADU shall not exceed 1,200 square feet or 50 percent of the area of the principal building, whichever is less.

b.

For the purposes of Sec.16-20U.011(6)(e) below, which limits the total allowable area of the accessory building to 40 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.

(2)

Greenhouses, garden sheds, private garages, and similar structures.

(3)

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

a.

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:

i.

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

ii.

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

b.

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.

(4)

Home occupations, subject to limitation set forth in section 16-29.001(17) of the City of Atlanta Zoning Ordinance.

(5)

Structures necessary for active construction projects.

(6)

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.

(7)

All permitted accessory uses and structures shall comply with the following:

a.

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

b.

Shall be not constructed until construction of the principal structure has actually begun and shall not be used or occupied until the principal structure is completed and in use.

c.

Shall not cover more than 25 percent of the rear yard.

d.

Shall be placed behind the principal structure; side and rear setbacks shall not be less than three feet. Accessory dwelling units shall also not be any closer to the principal structure then any existing adjacent accessory dwelling unit if one exists.

e.

Shall not contain a total floor area greater than 40 percent of the floor area of the principal structure.

f.

Shall not exceed 20 feet in height, except structures with accessory dwelling units shall not exceed 25 feet in height.

g.

Maximum Lot Coverage: The resulting lot coverage shall not exceed 55 percent of total lot area, but shall not include pervious portions of decks, pervious paving materials or pavers.

h.

Except as noted in Section 16-20U.011 in the District regulations, accessory structures shall not be subject to architectural design requirements of the Bonaventure-Somerset Historic District.

( Ord. No. 2019-21(18-O-1701), § 3(Att. C), 3-13-19 )