§ 16-28.030. Unified development plans.

The following rules apply in all zoning districts except R-1 through R-5, RLC, Planned Development Districts, and buildings, sites or districts designated pursuant to chapter 20 of part 16.

(1)

Unified development plans are authorized by Special Administrative Permit (SAP) when one or more parcels of land is under common control. The required SAP for unified development plan shall only be used to demonstrate conformance with the provisions of this section.

(2)

Unified development plans shall be used to establish conformance with side and rear setbacks, transitional yards, transitional height plains, lot coverage, on-site parking and loading, open space, and floor area ratio utilizing the entire area under common control.

(3)

When a single unified development plan is located in two or more zoning districts, the portion of land in each district shall conform independently, except as otherwise provided for by the Zoning Ordinance or as follows:

a.

Open space may be located anywhere in the area subject to the unified development plan.

b.

On-site parking and loading may be located anywhere in the area subject to the unified development plan.

(4)

Properties developed pursuant to an initial unified development plan approved under a single SAP may be subdivided into different ownership that can be acknowledged as separate parcels, even if any of the subdivided parcels would not meet all of the side and rear setbacks, transitional yards, transitional height plains, lot coverage, on-site parking and loading, open space, and floor area ratio requirements after the subdivision is completed provided that:

a.

Any subdivision undertaken pursuant to this section shall be granted only if the amount of floor area existing or currently under development pursuant to a validly issued building permit meets the applicable requirements of the zoning district;

b.

Where uses are limited to a particular amount of floor area by any condition of zoning or any SAP approval not required under this section, this section shall not be construed to require the Director to apportion the uses that may be undertaken on any individual parcel or reserve any amount of floor area that may be dedicated to a particular use for future development of other parcels unless an approved site plan shows specified uses attached to specific parcels;

c.

The Director shall analyze uses permitted on any parcel in a unified development plan based on the mix of existing uses and noted requirements and the uses proposed in the SAP under review; and where any SAP is pending concerning a limiting amount of floor area allowed for a particular use, the amount of such floor area available shall be removed from that available area of the overall unified development plan as of the date of initial SAP application;

d.

No properties developed under a unified development plan can be subdivided in a manner that prevents access to sufficient exits by occupants of any structure or prevents access to the entire parcel by police, fire and emergency service personnel, even where served by private streets; and

e.

An owner of a subdivided parcel of a unified development plan shall be allowed to rebuild equal or lesser floor area of any structure which is located on that part of property in their ownership without permission of other owners holding other parcels in the unified development provided, however, that this authorization shall not allow the uses or requirements to be amended unless approved by the Director and all owners.

(5)

Any changes from the approved unified development plan shall require a new or amended SAP, which shall be based on the same area of land as the initial approval. Where a single property owner no longer owns all parcels, the applicant shall obtain authorization from all property owners prior to permit submittal, with the exception of public streets deeded to the City of Atlanta.

( Ord. No. 2018-11(18-O-1023), § 9.A, 5-16-18 )