§ 16-28.011. Open space and building spacing in R-G and PD-H districts and other districts in which similar attached and multi-family uses are permitted.

(1)

Intent; Application: Yards, courts, and other open space required herein in relation to structures or portions of structures containing living quarters are intended to perform a variety of functions. Among these (as appropriate to and required by the uses involved and their location) are assuring adequate privacy, desirable views, natural light and ventilation, access to and around buildings, off-street parking and loading space and service areas, space for landscaping, spacing between buildings and portions of buildings for reducing potential adverse effects of noise, odor, glare, or hazards from fire and recreational space near buildings.

These regulations, supplementing those set forth elsewhere herein with respect to R-G and PD-H districts and other districts in which similar attached and multi-family uses are permitted, shall apply to yards, courts, other open space and building spacing in such districts, and measurements and interpretations with regard thereto.

(2)

Required Yards and Courts Need Not Be At Ground Level; Exception: Except in the case of fixed yards required adjacent to streets, required yards and courts relating to residential uses controlled by these regulations need not be at ground level if, and to the extent that, in other locations their functions, nature, orientation, area, access and improvement are appropriate to uses within the building and adjoining buildings, and particularly to adjacent uses at the same level of the building and overviewing uses in the same or nearby buildings. These requirements are intended to reduce unnecessary fragmentation of open space around buildings and to encourage provisions of such space in locations and dimensions providing broader functional utility, and not to reduce total amount of such space required.

(3)

Permanent Open Space in Public Streets: Common Open Space May Be Included as Part of Building Spacing Requirements. Limitations: Where lots or building sites adjoining permanent open space in public streets, common open space, or other open space intended to remain so in perpetuity, half of the width of such open space may be included in meeting building spacing requirements.

(4)

Spacing Determinations Where Two or More Residential Buildings Area on a Lot: Where two (2) or more buildings containing living quarters are to be located on a single lot or tract, building sites pertaining to each shall be identified. On determinations concerning compliance with spacing requirements, open spaces shall be provided adjacent to lines of the building site as though they were lot lines.

(5)

Building Spacing Requirements: Spacing requirements for buildings or portions of buildings containing living quarters shall be based on the horizontal length and number of stories.

(a)

Length of walls: Length of walls shall be measured as the horizontal distance from corner to corner. Where walls in continuous general frontage (as in the case of attached dwellings) are offset by angles or setbacks of six (6) feet or more, length of each segment so set off shall be measured separately in establishing pertinent yard depth. Where walls in continuous general frontage enclose portions of buildings varying one (1) story or more in height, length of each segment so varying shall be measured separately in computing pertinent yard depth. Length of a curved or irregularly shaped wall shall be construed as the shortest distance between the wall's end corners. Length of the wall of a circular building shall be construed as the diameter of the building.

(b)

Height in stories: Height in stories shall be computed as actual number of stories above ground level with the following exceptions: Where the wall is along a slope, number of stories shall be construed as the arithmetic mean number, with half a story or more considered as a full story, and less than half a story ignored in computations. When height per story exceeds an average of 12 feet, calculations involved in yard or spacing determinations shall be based on an assumed number of stories derived by dividing building height by 12 feet (see section 16-28.022(1)).

(c)

Yard or other space depth; how measured: Yard or other open space depth between exterior building walls and adjacent lot or building site lines (projected vertically where appropriate) shall be measured horizontally in relation to the ground, and perpendicular to straight walls or radially to curved walls. Distance at all points shall be at least equal to minimum requirements set forth herein, except as provided at section 16-28.008(1), "Limitations on Projections Into Required Yards and Open Spaces," and section 16-28.008(2), "Porches and Entries in Required Front Yards."

(d)

Permissible overlap of yards: Yard space for two (2) walls may overlap where it does not affect the distance between two (2) buildings.

(e)

Formulas determining minimum open space requirements adjacent to walls: Minimum distance from walls to lot lines or building site lines for buildings or portions of buildings containing living quarters shall be computed as follows, where D = depth in feet, L = length in feet, and S = height in stories.

a.

Distance requirements: D = 4 + s + L/10

b.

For Sector 1 through Sector 3: In no case shall any yard be less than seven (7) feet.

For Sector 4 through Sector 6: In no case shall any yard be less than 20 feet.

(6)

Zero Lot Line Subdivision: Zero lot line subdivision of two (2) classes is permitted by this part, without the necessity for compliance with Part 15 of the Code of Ordinances, through the approval of a special administrative permit:

(a)

In the R-5 (Two-Family Residential) District, lots may be subdivided to allow the individual sale of each of the two units in any existing duplex structure which otherwise meets all of the requirements of the R-5 (Two-Family Residential) District.

(b)

In the R-G (Residential General), R-LC (Residential-Limited Commercial), and O-I (Office-Institutional) districts, lots may be subdivided to allow the sale of individual units within any existing multi-family or duplex structure which otherwise meets all of the requirements for the district in which it is located.

(c)

In Subarea 2 (Mill Housing) of the Cabbagetown Landmark District (section 16-20A.005), lots may be subdivided to allow the sale of individual units in any duplex structure which otherwise meets all the requirements for the Cabbagetown Landmark District.

An application for said special administrative permit shall be filed in accordance with the procedures established in Chapter 25 and shall contain a plat of survey prepared by a registered land surveyor or engineer, appropriately scaled and dimensioned, which indicates the existing structures and the proposed subdivision of the land. The plat shall also show that the zoning regulations for the district in which such development is located have been met. Where open space or private streets are a part of the development, a written agreement outlining a program for guaranteeing perpetual maintenance of all common areas, including open space and streets, through a condominium association, homeowners association, bonding, or other protective maintenance guarantee, shall be filed with the Clerk of the Superior Court and shall be noted and properly referenced on said plat.

(Code 1977, § 16-28.011; Ord. No. 1995-40, § 1, 8-14-95; Ord. No. 1997-64, § 2, 11-10-97; Ord. No. 2001-74, § 1, 10-10-01)