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ZONING ORDINANCE REWRITE OVERVIEW

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ZONING ORDINANCE REWRITE OVERVIEW FEBRUARY 2021
Transcript

ZONING

ORDINANCE

REWRITE

OVERVIEWFEBRUARY 2021

Central Business District (CBD), Mill District

(MD), Planned Development Overlay (PD)Task A

Task B

Task C

Remainder of Zoning Ordinance

Sign Ordinance

SHAPE AVONDALE ESTATES:

RE-VAMP CITY’S ZONING CODE

Goal: Better align the City’s zoning code with the

master plan and downtown vision and design a more

user-friendly document with graphics and illustrations.

THE PROCESS: TIMELINE

Public involvement opportunities modified to

align with shelter in place protocols.

PUBLIC INVOLVEMENT

KICKOFF

TASK A

TASK B

August ----- December January ----- March April ----- October November ---- December January-----March

Draft Text Development

ADOPTION

TASK C

PUBLIC INPUT SUMMARY▪ 6 public meetings

▪ Stakeholder interviews

▪ Community survey

▪ Survey of Visual Preferences

▪ Scavenger hunt

▪ Individual meetings with BOMC

▪ Attorney review and feedback

▪ Future meetings

▪ PZB introduction

▪ BOMC introduction

▪ 3 open houses

▪ Adoption process (PZB + 2 BOMC meetings)

CROSS-REFERENCED DOCUMENTS

▪ Comprehensive Plan

▪ Downtown Master Plan

▪ Zoning Diagnostic

▪ HPC Guidelines

▪ Current zoning/policies/practices

▪ Current allowable uses

▪ Urban Design Plan

ARTICLE 1 | INTRODUCTORY PROVISIONS

ARTICLE 2 | BASE ZONING DISTRICTS

ARTICLE 3 | SPECIAL PURPOSE DISTRICTS

ARTICLE 4 | OVERLAY DISTRICTS

ARTICLE 5 | USES

ARTICLE 7 | REVIEW AND APPROVAL PROCEDURES

ARTICLE 8 | ADMINISTRATION AND ENFORCEMENT

ARTICLE 9 | TERMINOLOGY AND MEASUREMENTS

ARTICLE 10 | APPENDICES

HOW IT’S ORGANIZED

ZONING DISTRICTS

ARTICLE 2 – BASE

ARTICLE 3 – SPECIAL PURPOSE

ARTICLE 4 – OVERLAY

DISTRICT BUILDING STANDARDS

Defines the regulations and

restrictions to support district

consistency by managing buildings,

and structures

Establishes minimum and maximum

dimensional standards

CENTRAL BUSINESS DISTRICT (CBD)

THREE DISTINCTIVE CBD SUBAREAS

CBD-1: Transit-Oriented Development

Mid-rise Housing and Commercial uses

Walkable design encourages transit ridership that is within 1,500 feet of the MARTA heavy rail station

Max. 5 stories. Max. 5 stories along 278 and adjacent to CBD-2. Transitional height plane along edge of CBD-2.

CBD-2: Adaptive Re-Use

Walkable, human-scaled development.

Encourages adaptive re-use of industrial properties

Low-rise housing opportunities

Max. three stories.

CBD-3: Historic/Shopping District

Mid to Low-Rise housing.

Ground floor restaurants and retail along the Town Green edge.

Max. 5 stories. 4 stories away from MARTA. Transitional height plane along North Avondale, edge of CBD-2, and adjacent to Town Green.

FOUR FACADE TYPES

Attached: Multistory single family residential structure, each unit has its own external entrance.

General: Multistory structure that can accommodate non-residential uses on all stories.

Walk-Up: Building with ground floors units whose entrances face the sidewalk or street.

Shopfront: Building with large amounts of storefront glass at ground level and regularly spaced entrances

1. Attached 2. General

4. Shopfront3. Walk-Up

Includes regulations on lot coverage, setbacks, ceiling

heights, ground story uses, and fenestration %

requirements that vary by district.

ARCHITECTURAL CHARACTERISTICS FOR

COMMERCIAL DISTRICTS

5

3

4

6

22

5

10

3

4

7

9

1. Attached 3. Walk Up 4. Shopfront2. General

1

2

4

8

3

1. Corbels 4. Two Exterior Materials 7. Detailing 10. Sidewalk setbacks

2. Cornice or Frieze 5. Recessed Window Openings 8. Lintels and Stills

3. Horizontal Articulation of Floors 6. Fenestration % : Ground v.

Upper

9. Box bay windows

Includes regulations on exterior finish

materials, massing, articulation,

balconies, window systems, and

pedestrian access.

CBD SUB-AREA REGULATIONS

HIERARCHY OF CBD STREET TYPES

A. Continuous building frontages, uninterrupted sidewalks, and robust pedestrian realm.

B. Active building fronts, curb cuts and other minor service needs where other options not available, and comfortable pedestrian realm.

C. Parking lot and structure access, safe pedestrian realm.

D. Shared streets for pedestrians/bikes/vehicles at very slow speeds, no formal separation between modes.

E. Intended to provide access and service to adjacent parcels. When possible shall provide sole vehicular access to those lots.

HIERARCHY OF CBD STREET TYPE MAP

CBD DESIGN STANDARDS

Storefront requirements – cornice, sign board, transom, display window, bulkhead, recessed entry

CBD-1 Materials.

Primary: Metal panels and siding; exposed, stained, or painted concrete; exposed wood; and ceramic panels; brick, including full-depth and half-depth masonry brick; and stone.

Secondary: EIFS; glass block; phenolic resin panels, metal mesh; brick, including full-depth and half-depth masonry brick.

CBD-2 Materials.

Primary: Brick, including full-depth and half-depth masonry brick; stone, including unpainted natural stone, unpainted cast stone having the appearance of natural stone; and unpainted terracotta.

Secondary: Metal panels and siding; wood, including natural wood or cement-based artificial wood siding.

CBD-3 Materials.

Primary: Brick, including full-depth and half-depth masonry brick;

Secondary: Wood, including natural wood or cement-based artificial wood siding; shingles, including wood or cement-based shakes and shingles; or stucco.

PLANNED UNIT DEVELOPMENT (PUD)

PUD REQUIREMENTS

Overall Development Standards (ODS)Permitted and prohibited uses;

Maximum lot standards (FAR, coverage, height,

blocks)

Minimum open space;

Minimum lot size;

Required yard setbacks;

Parking requirements; and

Building massing.

Overall Development Plan (ODP)Existing Conditions

Overall Master Plan

Phasing Plan

Regulating Plan

Streetscape and Hardscape Manual

Architectural Pattern Book

Allows more flexibility in development character to

produce projects that implement the

Comprehensive Plan that have not been

anticipated by current zoning and development

standards, while ensuring the application and

standards are well-defined, mixed-use, and set at a

higher bar than a traditional rezoning application.

ADAPTIVE REUSE OVERLAY

ADAPTIVE REUSE OVERLAY

Meant to encourage redevelopment to follow a compact development

pattern, architectural style, implement mix of uses, and preserve existing

structures within Downtown.

Defines applicable adaptive reuse projects.

Establishes revised dimensional requirements and standards.

ARTICLE 5 – USES

PERMITTED, CONDITIONAL AND SUPPLEMENTAL LAND USES BY DISTRICT

Increased permitted uses (without a conditional use permit) in CBD

Added supplemental regulations to further

define what is allowed and where

Removed undesirable uses from

table

PERMITTED,

CONDITIONAL,

& SUPPLEMENTAL

LAND USES BY

DISTRICT CHARTEach use may be permitted as of right (P)

With supplemental regulations (S)

As a conditional use (C)

Or not permitted (–).

Where C and S are used together (C/S), the conditional use is required to comply with the supplemental use regulations in addition to any additional conditions imposed by the conditional use permit approval.

ACCESSORY DWELLING UNITS (ADUs)

Smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heating, cooking, and sanitation.

Maximum of one per lot or dwelling

Short-term rentals prohibited

Design standards

800 sf maximum size

Height subordinate to primary structure or 24’, whichever is less

Materials, roof pitch, windows substantially proportionate to primary structure

ARTICLE 6 – SITE DEVELOPMENT FEATURES

BUILDING DESIGN STANDARDS

General Design Standards—materials

Primary: Brick, including full-depth and half-depth masonry brick; stone, including unpainted natural stone, unpainted cast stone having the appearance of natural stone; and unpainted terracotta.

Secondary: Metal panels and siding; wood, including natural wood or cement-based artificial wood siding.

Primary – 70%; Secondary – 30%

Prohibited Materials. Synthetic stucco, concrete masonry units (CMU), and vinyl are not permitted as exterior finish materials.

Maximum 3 primary materials

ON-STREET PARKING

REQUIREMENTS

▪ Vehicle parking maximums – no minimums

▪ Bicycle parking minimums

▪ Lot design and landscaping requirements

OPEN SPACE REQUIREMENTS

Established Minimum Open Space

Requirements

10 percent in CBD and all other uses

20 percent for SF attached and MF

Established Performance Standards

Enabled Transfer of Open Space to

create large spaces

Required a minimum of one open space amenity:

• Public art installation.

• Bioretention Area.

• Decorative water feature.

• Community garden.

• Playground.

• Plaza.

• Public outdoor dining area.

• Picnic shelter.

• Putting green.

• Climbing wall.

• Others.

OPEN SPACE REQUIREMENTS

Landscaping and screening regulations

enhance the quality of life by buffering

sensitive uses and preserving and

protecting the natural environment.

Focuses on:

• Parking

• Open Space

• Transitional Buffers

• Plant & Landscape Material

• Maintenance

LANDSCAPING &

OTHER SITE FEATURES

TRANSITIONAL BUFFERS

Protection of more sensitive uses from more intensive uses

Structures or paving prohibited

Trees to be preserved, unless dead or diseased

TRANSITIONAL HEIGHT PLANE

Applicable on CBD-zoned lots adjacent to R-zoned lots and City open spaces and between CBD-1 and CBD-2.

Transitional height plane starts 45 feet above ground at shared property line, extending inward towards the CBD zoned lot for a horizontal distance of 75 feet, then angles up at a 45-degree angle.

No portion of building can protrude this plane.

Dark skies ordinance

Perimeter maximums

Parking lot minimums and maximums

Cutoff fixtures

Photometric plan submittal (commercial)

OUTDOOR LIGHTING

SUSTAINABILITY MEASURES

Development required to achieve

minimum number of sustainability

points.

Points can be gained by integrating

a variety of measures for energy

efficiency, water efficiency, and

transportation efficiency.

SUSTAINABILITY MEASURES

Commercial

Developments—

6 points required

coming from two

different

categories

REDEVELOPMENT THRESHOLDS

Identifies and establishes threshold by

which developments have to bring

site and building conditions into

compliance with the Zoning

Ordinance.

Applies to all zoning districts unless

exempt.

PROCEDURES

PROCEDURES SUMMARY

Clarified procedures and cleaned up process and review and approval criteria

Zoning Map Amendments (rezonings), Text Amendments, and Comprehensive Plan amendments - same process – staff review/PZB recommendation/BOMC decision

Conditional use permits – unchanged process – staff review/BOMC decision

Variances – Same procedure as current via BOA; added concurrent variance process for streamlined review when the same project is also requesting a rezoning for review by BOMC

Added Tier 1 waivers to allow for approval of minor development modifications via administrative approval

❑ Examples of Tier 1 design variation – reduction in sidewalk width by 20%; reordering of landscape, sidewalk, and supplemental zones to account for utilities and other obstructions

Added Tier 2 Variations for more significant development departures to the code to be reviewed by PZB before administrative approval.

❑ Examples of Tier 2 design variations – reduce or alter width of streetscape; reduce or alter façade type requirements

Procedure Staff PZB BOMC Superior

Court

R = Review/Recommendation | DM=Decision-Making Body | A =

Appeal Body

Variance R R DM A

Admin Variance DM __ A __

Tier 1 Waiver DM __ A __

Tier 2 Waiver R R DM A

Amendment

(including

rezoning)

R R DM A

Conditional Use

Permit (CUP)

R __ DM A

DCI R R DM A

Concurrent

Variance

R R DM A

Appeal of Admin

Decision

__ __ DM A

PROCEDURES SUMMARY

New Procedure

Existing Procedure

Variance/Amendment/

CUP/Concurrent

Variance

Admin.

Variance/Tier 1

Waiver

Tier 2 Waiver/DCI Appeal of Admin

Decision

Newspaper 15 days 15 days

Abutters Letters

Mailed

15 days 15 days

Posted (sign) 15 days 15 days

Posted at City Hall* 24 hours 10 days 24 hours

Posted on website* 1 week 10 days 1 week

Notice timeframes are minimum time periods in advance of meeting

*based on policy and practice

PUBLIC NOTICE SUMMARY

VARIANCE

Modification of any regulation in code (unless prohibited)

Prohibited Variances:

Structure or use not allowed in zoning district.

Building height increase.

Change a condition of zoning.

Decrease lot area or width.

Change or expansion of non-conforming use.

Customer contact for home occupation.

Review and Approval Criteria:

• Exceptional conditions i.e. size, shape, topography

• Unnecessary hardship

• Conditions peculiar to property

• No detriment to the public good

ApplicationStaff Review/

Recommendation

Planning and Zoning

Board Recommendation

Board of Mayor and

Commissioners Final

Decision

ADMINISTRATIVE VARIANCE

UPDATE

Minor variance that can be approved by staff

Up to 10% Change

Max. Lot Coverage

Max Parking

Min. Setback, excluding transition buffer

Increase fence (2 feet) and wall heights (1 foot)

Application Staff Final Decision

Review and Approval Criteria:

• Exceptional conditions ie. size, shape, topography

• Unnecessary hardship

• Conditions peculiar to property;

• No detriment to the public good nor impair the purposes or intent of this Zoning

WAIVER

Request to alter site or building feature

Two tiers

Example: reduce width of sidewalk

Review and Approval Criteria:

• Features such as topography, high frequency transmission lines, existing trees of specimen or significant quality, underlying rock, inhibit ability

• Alternative streetscape or building/façade design configurations are provided; and

• Proposal will not result in any detriment to the public good,

TIER 1 WAIVER Reduce street dimensional standards by up to 20%

Reorder landscape, sidewalk, and supplemental zone (e.g.: power poles)

Reduce Building Standards up to 20%

Building Material proportions

Façade Recesses

Roof Lines

Blank Walls

Window Systems

Application Staff Review/ Final Decision

TIER 2 WAIVER

Reduce any dimensional standard any amount

Reduce, alter, or eliminate any Façade Type/Building Design Standard

ApplicationStaff Review/

Recommendation

Planning and Zoning

Board Recommendation

Board of Mayor and

Commissioners Final

Decision

AMENDMENT (includes rezonings)

Change to any land use regulation

Text amendment

Future Development Map in Comprehensive Development Plan (CDP)

Zoning map amendment (rezoning)

ApplicationStaff Review/

Recommendation

Planning and

Zoning Board

Recommendation

Board of Mayor and

Commissioners

Final Decision

Zoning Map Amendments (rezonings)

Review and Approval Criteria:

• Promotes the health, safety, morals or general welfare of the public;

• Suitable for area;

• Length of time the property has been vacant as zoned,

• Compatible with use and development of adjacent and nearby property;

• Affect on the existing use or usability of adjacent or nearby property;

• Reasonable economic use as currently zoned;

• Impact on transportation facilities, utilities or schools;

• Consistent with the Comprehensive Development Plan (CDP);

• Supporting argument for change on part of applicant

• Adverse impacts– noise, hours of operation, traffic

Comprehensive Plan and

Future Development Map Amendments

Text Amendments

Review and Approval Criteria:

• Consistent with CDP

• Corrects an error or inconsistency in the Zoning Ordinance

• Meets the challenge of changing condition or necessary to implement established policy

Review and Approval Criteria:

• Consistent with CDP and Future Development Map

• Proposal can be service by existing public infrastructure

• Doesn’t Negatively impact natural or historic resources

• Best interest of the City

• Proposed change has reasonable economic use

CONDITIONAL USE PERMIT (CUP)

Proposed uses that require additional scrutiny

ApplicationStaff Review/

Recommendation

Board of Mayor and

Commissioners Final

Decision

Review and Approval Criteria:

• Consistent with CDP

• No negative impact on environment or adjacent properties

• Consistent with the needs of the area

• No negative impact on public infrastructure

• Consistent with development in area

• Consistent with desirable development pattern for area

• Length of time vacant

DEVELOPMENT OF COMMUNITY IMPACT (DCI)

Projects greater than 2 acres that don’t have

any other legislative review by BOMC

Purpose to provide for:

Unified approaches to development

Compatible developments

Architectural review for large projects

ApplicationStaff Review/

Recommendation

Planning and

Zoning Board

Recommendation

Board of Mayor and

Commissioners

Final Decision

Review and Approval Criteria:

Designs:

• Are in harmony with general character of neighborhood

• Provide visual continuity physically and aesthetically

• Protect scenic views and natural landscape

• No negative impact on environment or adjacent properties

• Respect historical character of building/neighborhood

Proposed Development

• Suitable given adjacent use and development

• No negative impact on public infrastructure

• Consistent with CDP and subareas

• No adverse affect on nearby properties.

CONCURRENT VARIANCE

ApplicationStaff Review/

Recommendation

Planning and Zoning

Board

Recommendation

Board of Mayor and

Commissioners Final

Decision

Variance processed simultaneously with an amendment (e.g.: rezoning), conditional use permit, or DCI application.

Same criteria as Variances

APPEAL OF ADMINISTRATIVE DECISION

Appeal criterion:

• An appeal shall be sustained only upon a finding by the Board of Appeals that the administrative official's action was based on an erroneous finding of a material fact or that the administrative official acted in an arbitrary manner.

Process that allows people to appeal decisions made by staff

ApplicationBoard of Mayor and

Commissioners Final Decision

SIGN

REGULATIONS

ORGANIZATION

Article 1 – Introductory Provisions

Article 2 – General Regulations

Article 3 – Review and Approval Regulations

Article 4 – Administration and Enforcement

Article 5 – Terminology and Measurements

GENERAL REGULATIONS

Defines when sign permits are required,

exemptions, and prohibited signage.

Outlines what is required for conformance

to state law.

Delineates CBD-specific sign regulations.

Distinguishes between permanent and

temporary signs.

Added easy-to-use summary charts

REVIEW & APPROVAL PROCEDURES /

ADMINISTRATION & ENFORCEMENT

Defines process and needs for sign permitting, when a

variance is needed, and how to appeal rulings.

Establishes the process of inspection and code enforcement

related to sign installation, revocation, and maintenance.

NEXT STEPS

Open house – February 8 (5:30-7)

PZB introduction – February 15

Open house – February 17 (5:30-7)

Open house – February 25 (530-7)

PZB/BOMC Adoption process

Text Amendments

Rezonings – CBD and overlay district


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