CITY COUNCIL ATLANTA, GEORGIA 20-O-1381

AN ORDINANCE BY TRANSPORTATION COMMITTEE TO AMEND PART III, LAND DEVELOPMENT CODE, PART 15 LAND SUBDIVISION ORDINANCE, PART 16 ZONING AND PART 19, FEES, PERMITS, LICENSES AND CHARGES OF THE CITY OF ATLANTA CODE OF ORDINANCES TO ALIGN ROLES AND RESPONSIBILITIES TRANSFERRING FROM THE DEPARTMENT OF PUBLIC WORKS OFFICE OF TRANSPORTATION AND OFFICE OF CAPITAL PROJECTS TO THE ATLANTA DEPARTMENT OF TRANSPORTATION; TO UPDATE CERTAIN PROVISIONS; AND FOR OTHER PURPOSES.

WHEREAS, the City commissioned a comprehensive study entitled “Delivering Mobility, An Assessment of a Stand-Alone Atlanta Transportation Department” (the “Study”), which was prepared by the consulting group WSP USA and completed March 5, 2018; and WHEREAS, the Study found that restructuring the way transportation is managed in the City could catalyze, and be the vehicle for, providing transportation leadership, vision, talent and capacity; and WHEREAS, the City adopted certain Study recommendations to create the Atlanta Department of Transportation via Ordinance 19-O-1159, adopted by the Atlanta City Council on June 17, 2019 and approved by the Mayor on June 24, 2019; and WHEREAS, the Atlanta Department of Transportation (“ATLDOT”) will have purview over transportation related functions within the City of Atlanta, including certain functions previously under the purview of the Department of Public Works Office of Transportation and Office of Capital Projects; and WHEREAS, ATLDOT desires to amend the City of Atlanta Code of Ordinances so as to align roles and responsibilities transferring from the Department of Public Works Office of Transportation and Office of Capital Projects to the Atlanta Department of Transportation. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows: SECTION 1: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-03.001 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-03.001. - Purpose and intent. The purpose and intent of the governing authority of the City of Atlanta in enacting this part are as follows: (a) To regulate the development of new housing throughout the neighborhoods in the city for persons of all income groups. (b) To regulate cost effective housing developments while assuring that minimum standards of public health, safety, and welfare and protection of the natural environment are met. (c) To protect and enhance the quality and character of existing neighborhoods while encouraging the development of new subdivisions. (d) To promote subdivision layout and housing design so as to promote privacy for residents.

Last Updated: 06/3/20

(e) To provide for the creation and subsequent development of individual building lots in residential zoning districts within the City of Atlanta which are consistent with the requirements of this part; in conformance with the requirements of the Zoning Ordinance, part 16 of this code; in conformance with chapter 138 of this code governing the department of public works transportation; and any other applicable part of this code. (f) To provide for the development of one- and two-family housing in which each dwelling unit is arranged in an orderly pattern of development, consistent with the design standards contained in this part, with direct and exclusive access to a public street so as to assure ease of safe access for the occupants and to assure accessibility in the provision of all public services, including emergency services. (g) To provide standards for the development of public streets and sidewalks and of other utility systems to adequately serve all dwelling units. (h) To provide through the administration of specific standards and criteria that new development or redevelopment within existing neighborhoods is compatible with the character of the existing neighborhood. (i) To assure that individual building lots have adequate width and area and an adequate building site, and, where necessary, because of the existence of wetlands or land within a flood hazard area, or, the creation of a corner lot, to require additional lot width and/or area to assure an adequate building site and an orderly arrangement of housing. (j) To assure through the administration of specific standards and criteria that any new development which is otherwise permitted within designated landmark, historic, and conservation districts is consistent with the character of such districts pursuant to this part and to the requirements of chapter 20 of part 16 of this code. (k) To assure the provision of open space, landscaped areas and natural areas on residential building lots and to encourage the provision of both public and private common open space. (l) To minimize disturbance of natural topography, tree cover, and natural drainage ways through the use of better site design, stormwater runoff reduction, and green infrastructure. (m) To assure the design of new streets, sidewalks and driveways in a manner which will assure safe streets, sidewalks and bikeways. (n) To promote the public health and safety by restricting development of new building lots within floodplains and stream buffers as hereinafter defined. (o) To promote safe pedestrian and bikeway systems. (p) To support and implement applicable planning and developmental elements of the comprehensive development plan. SECTION 2: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-06.001 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-06.001. - Definitions. As used in this part, unless specifically stated otherwise, the following terms mean and include: (a) ADT (Average Daily Traffic): The average number of vehicles per day that pass over a given point.

20-O-1381 Last Updated: 06/3/20 (b) Alley: A private street designed to serve only as a secondary means of access to the side or rear of properties whose principal frontage is on a public street. (c) Amenity Area: An area of land that: (1) is held in common ownership by owners of the applicable subdivision; (2) consists of permanent open space, or, structures that are customarily used for the joint enjoyment of the subdivision's residents such as swimming pools, tennis courts, clubhouses, and similar facilities; and (3) is permanently maintained by the collective owners. (d) Applicant: A person submitting an application for land subdivision pursuant to this part. (e) Application: A formal request for land subdivision made pursuant to this part. (f) Arterial Street: A multilane street that functions to move traffic from one district of the city to another and which is not designed to serve individual residences. (g) Better Site Design: A set of development or redevelopment site-design principles and techniques that seek to mimic natural conditions by infiltrating water into the ground close to where it falls, minimizing impervious areas to reduce overall runoff volume and velocity, reducing connected impervious areas, and preserving natural drainage patterns and surfaces. (h) Bicycle Lane: A lane within a street that is reserved and marked for the exclusive use of bicycles. (i) Bicycle Path: A pathway, usually separated from the street, designed specifically for bicycling, and upon which motorized traffic is prohibited. (j) Bikeway: A bicycle lane or a bicycle path. (k) Buildable area: That area of the lot available for the construction of a dwelling and permissible accessory uses after having provided the required front, side, rear and any other special yards required by this part or by part 16 of this code. (l) Character: A distinctive quality or set of qualities, not including architectural style, of the natural or built environment that can be identified by prevalent objective features such as street design and pattern, lot pattern, tree cover, topographical conditions, setbacks and similar features by which a street, block, or neighborhood may be distinguished from other streets, blocks or neighborhoods. (m) Collective Detention Area: An area of land that is intended to serve as a stormwater collection facility and that meets the definition of amenity area. (n) Cul-de-sac: A local street with one outlet and having a circular area at its other end for the reversal of traffic movement. (o) Developable Area: That portion of the buildable area of a lot that does not lie within a floodplain, wetland, area of severe slope, or the required 15-foot setback adjacent to a floodplain set forth in chapter 21 of part 16 of this code. (p) Director: The director, bureau of planning. (q) Final Plat: The final map of an entire subdivision or the final map of a portion of an entire subdivision which is presented for final approval. (r) Floodplain: Area or areas of land presently having natural or manmade contours of elevation at or below the base flood elevation shown on the flood hazard district maps adopted as a part of part 16 of this code and those areas of land which are not so shown in the flood hazard district maps where inundation is likely to occur during a base flood as determined from by engineering studies to determine the probable depth of such floodwaters. See section 16-21.003.

20-O-1381 Last Updated: 06/3/20 (s) Green Infrastructure: An interconnected natural system and/or engineered system that use plants and soil to slow, filter, and infiltrate stormwater runoff close to its source in a way that strengthens and mimics natural functions and processes. (t) Historic Neighborhood: Any neighborhood which is listed on or is eligible for listing on the National Register of Historic Places established by the National Historic Preservation Act of 1966, as amended. (u) Landscaped Areas: Those portions of building lots on which trees, shrubs and other plant material are located and maintained, primarily as a result of human intervention. (v) Lot: A parcel of land, designed to be used for the development of a one- or two-family dwelling, or an amenity area, that meets the requirements of this part and part 16 of this code and has been given final approval by the director and has been recorded in the records of the Clerk of the Superior Court of Fulton or DeKalb County, as is appropriate. (w) Major Collector Street: A multilane street that functions to move traffic from residential streets to arterial streets. (x) Natural Areas: Those portions of building lots which are maintained with their natural topographic features and on which plant material and water exist through natural growth and maturation. (y) Nonaccess Reservation: A parcel of land through which no form of vehicular access is permitted. (z) Open Space: Land on which no structural elements are present. (aa) Orderly Pattern of Development: A systematic, consistent arrangement of lots and residential structures. (bb) Plat: A map of a subdivision. (cc) Preliminary Plat: A map indicating the proposed layout of a subdivision and related information that is submitted for preliminary approval. (dd) Reserve Strip: A parcel of land which is not a building lot and is retained for the future extension of a public street, or, a parcel of land which is dedicated as permanent open space and is owned by a homeowners association, or a not-for-profit organization, or is dedicated to the public. (ee) Residential Access Street: A street that provides frontage for access to lots, carries traffic having destination or origin on the street itself, and is designed to carry traffic at slow speed. Traffic volume shall not exceed 800 ADT at any point of traffic concentration. (ff) Residential collector: A street that conducts and distributes traffic between residential streets and major collector and arterial streets. Collectors shall be designed to prevent use as shortcuts by non- neighborhood traffic. Total traffic volume shall not exceed 4,000 ADT. (gg) Residential subcollector: A street that provides frontage for access to lots and carries traffic to and from adjoining residential access streets. Traffic shall have origin or destination in the immediate neighborhood. Traffic volume shall not exceed 1,200 ADT at any point of traffic concentration. (hh) Severe Slope: Ground that forms a natural or artificial incline of 60 degrees or greater from horizontal. (ii) Site Plan: An accurately scaled development plan that illustrates the existing conditions on a lot as well as depicting details of a proposed development. (jj) Street Grade: The slope of a street, or other public way, specified in percentage terms.

20-O-1381 Last Updated: 06/3/20 (kk) Subdivision: The division or redivision of one (1) or more parcels of land into two (2) or more building lots. (ll) Subdivision Review Committee: A committee comprised of the city arborist, the commissioner of the department of city planning and development, and the commissioner of the department of public works transportation, or their respective designees. (mm) Through traffic: Vehicular traffic not originating or terminating in the immediate vicinity. (nn) Traffic Artery, or Major Traffic Artery: An arterial street as designated on the Street Classification Map, City of Atlanta, prepared February, 1958, and last revised January 1, 1982, which plan has been incorporated into the Comprehensive Development Plan of the City of Atlanta and is available for inspection in the Bureau of Planning. (oo) Wetland: Any area of land which meets the definition of "wetlands" codified at 40 C.F.R. part 230.3(t) of the Code of Federal Regulations, and is subject to federal, state, or local regulations governing land meeting said definition, provided that those areas of land for which a permit has been issued by the United States Army Corps of Engineers pursuant to section 404 of the Clean Water Act, 33 U.S.C. section 1344, as amended, are exempt from this definition.

SECTION 3: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-07.004 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-07.004. - Final plat data. The final plat shall conform to the preliminary plat as approved. The final plat shall be an ink drawing on mylar stock which shall not exceed 17″ by 22″ in size. The plat shall be reproducible and shall produce totally legible copies. The plat shall contain all of the following information: (a) Sufficient horizontal control data to determine readily and reproduce on the ground the actual constructed subdivision, including the overall total parcel and each subdivided lot, and all public rights- of-way limits, being defined with distances, bearings, and curve data. All work shall be referenced to the Georgia Plan Coordinate System. The information furnished shall be dimensionally accurate to the nearest one-hundredth of a foot with bearing accuracy to the nearest 10 seconds. Curve data shall include, but not be limited to, the radius, arc length, chord length, chord bearing and delta angle. All horizontal control data shown on the plat shall be capable of producing a closure in which the coordinated error does not exceed one (1) foot in 10,000 feet. The areas of all subdivided lots shall be shown in square footage and in acreage to three-place minimum accuracy. The documentation of survey accuracy, areas of parcels, and acceptable errors of closure shall be verified with coordinated calculations. In addition, tract boundary corners shall be dimensioned to the nearest developed public street right-of-way and/or land lot line or corner. (b) The graphic representation of all boundary lines, right-of-way limits of all streets, face of curblines of all streets, minimum building setback lines with dimensions for front, side, and rear lines, property lines of all residential lots and other sites, lot identifying numbers, all sanitary and storm sewers, existing or proposed, along with associated structures, and any other existing structures. (c) The name, right-of-way width, and street width from face of curb to face of curb of each street or other right-of-way.

20-O-1381 Last Updated: 06/3/20 (d) The location, dimensions, and purposes of all easements and any areas to be dedicated to public use or sites for other than residential use with notes stating their purposes and limitations. The location of all existing creeks, watercourses, stormwater management facilities, wetland definition and/or protection limits, and any required protective buffer zones or limits with appropriate notations. The location of 100-year storm floodplain contour and its respective elevation. Notation of any covenant which will be part of the final plat. (e) The title, name, location of the subdivision, north arrow, date, scale, land lot number, district number, and county. (f) Lots or sites numbered in numerical order and blocks lettered alphabetically. (g) Accurate location, material, and description of monuments and markers. (h) Acknowledgments. The following acknowledgments and approvals shall appear on the original mylar tracing of the final plat: (1) Surveyor's acknowledgment statement and seal: "It is hereby certified that this plat is true and correct and was prepared from an actual survey of the property made under my supervision.

By _____ Registered Georgia Land Surveyor's Number _____ Date _____ "

(2) Certification by signature and date attesting that the applicant is the land owner of record, and dedicates streets, right-of-way, easements, and any sites for the public use by the following acknowledgement: State of Georgia City of Atlanta The owner of the land shown on this plat and whose name is subscribed thereto, and in person or through a duly authorized agent having legal power of attorney, acknowledges that this plat was made from an actual survey and dedicates to the use of the public forever, all streets, parks, drains, easements and public places thereon shown for the purposes and considerations therein expressed. By: _____ Owner Date: _____ By: _____ Agent Date: _____

(3) Drainage statement: Storm drainage facilities shown on this plat are necessary for the proper drainage of the subdivision. The City of Atlanta will not be held responsible for erosion or overflow caused by the storm drainage facilities or natural drainage conditions nor responsible for extensions of storm drains. (4) Approval of the commissioner of public works transportation and, if required, Fulton County or DeKalb County Health Officer, as appropriate. (5) Approval of bureau of planning. (i) Protective covenants. Protective covenants, if any, shall be referenced on the final plat, even though same may be recorded elsewhere.

20-O-1381 Last Updated: 06/3/20 (j) The following supporting documentation is required for those subdivision final plats in which public infrastructure is installed: (1) A final as-built engineering plan and profile drawing(s) of all public sanitary and storm sewers installed with appropriate professional seals and attestments. (2) Results of internal television inspection of all public sanitary sewers installed. (3) A final as-built engineering plan and profile drawing(s) of all public streets and rights-of-way installed with appropriate professional seals and attestments. (4) Compaction test results of public streets and rights-of-way installed. (5) Maintenance bonds or irrevocable letters of credit from a federally insured lending institution acceptable to the chief financial officer for public sewers, streets, sidewalks, and curbs installed. Separate maintenance bonds or irrevocable letters of credit for public sewers and public streets, sidewalks, and curbs shall be provided for the term of three (3) years from the date of filing and recording the final plat and shall represent monetary value equal to the value of the public infrastructure installations. These bonds or letters of credit shall serve as three-year warranties for public infrastructure installations made by private developers prior to perpetual city maintenance. (k) Filing and recording of the final plat by the bureau of planning. The filing and recording of the final plat by the bureau of planning shall, upon completion of the improvements by the applicant, be deemed an acceptance of the dedication of the streets and other public land as shown upon said plat on behalf of the public, but shall not impose any duty upon the city covering improvements or maintenance, excepting developed public streets and sewers as described above. (l) The size of acknowledgments and all other text required on the final plat shall be of sufficient size and clarity to ensure legibility in the event the final plat is of such size that would require reduction to a scale acceptable for filing and recording purposes.

SECTION 4: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-07.005 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-07.005. - Procedures for processing applications for subdivision. The procedures for review and action on all applications for the subdivision of land shall be as follows: (a) The director, bureau of planning shall develop and publish a schedule for the review of all subdivision applications. Said schedule shall specify semimonthly filing deadlines for the receipt of applications. (b) Within three days after each semimonthly filing deadline, the director, bureau of planning shall distribute a copy of each application received, with accompanying plats and other drawings, to the following: (1) Commissioner of public works transportation. (2) Commissioner of housing. (3) Directors Commissioners of the office departments of transportation, and bureaus of parks, traffic and transportation, and watershed management, and the director of the office of buildings, water, and the executive director of the urban design commission.

20-O-1381 Last Updated: 06/3/20 (4) District and at-large members of the council in which the subject property is located. (5) Chairperson of the neighborhood planning unit in which the subject property is located. (6) Assistant superintendent for facilities services of the Atlanta public schools. (7) Executive director, Fulton County or DeKalb County Health Department, as is appropriate. (8) Fire chief. (9) City arborist. (c) Subdivision Review Committee. The director, bureau of planning shall establish a schedule for regular semimonthly meetings of the subdivision review committee and shall serve as chairperson of said committee. The purpose of the subdivision review committee is to provide for a consolidated technical review of each application. Each application for land subdivision that is received by the semimonthly filing deadline shall be reviewed for compliance with the provisions of this part by said committee no later than the second semimonthly meeting following the filing deadlines. The applicant or his or her designee is required to be present at said meeting to discuss the application and to provide any additional data that is required by this part. Within three working days after each such meeting, each applicant shall be notified in writing by first class mail of a list of identified problems or deficiencies in the application. (d) Neighborhood Planning Units (NPU's). Within three working days after the semimonthly deadline for the receipt of applications for land subdivision, each appropriate neighborhood planning unit shall be provided a copy of any such application and supporting documentation which is located within the jurisdiction of said neighborhood planning unit. It is the responsibility of the neighborhood planning unit to schedule said application for consideration at a meeting within six weeks after the semimonthly deadline and to provide the bureau of planning with a letter presenting its comments on the application. The applicant is encouraged to attend the neighborhood planning unit meeting. The chairperson and the NPU shall review the proposed subdivision plat utilizing only the standards and criteria set forth in this part and provide a copy of said comments to the applicant and to district and at-large members of council representing the district within which the subject property is located. The bureau of planning shall post a sign so as to inform the adjacent neighborhood of a proposed subdivision application. Said sign shall include the date of the scheduled NPU meeting at which said application will be discussed. (e) Action by Commissioner of Public WorksTransportation. No preliminary subdivision plat shall be approved prior to the receipt of a letter from the commissioner of the department of public works transportation approving the subject preliminary subdivision plat as being in compliance with the provisions of this part and any other applicable code provisions, rules and regulations. No final subdivision plat shall be approved until all required improvements have been made, inspected and accepted by the commissioner of the department of public works transportation. Further, no final subdivision plat shall be approved prior to the commissioner of the department of public works transportation having approved the subject final subdivision plat by affixing his or her signature to the original copy of the final plat as being in compliance with this part and any other applicable code provisions, rules and regulations. (f) Action by Director of Bureau of Planning. (1) After all changes and corrections identified in the meeting of the subdivision review committee are made, and after approval by the commissioner of the department of public works transportation as is provided in (e) above, the application shall be presented to the director of the bureau of planning for approval or disapproval of the preliminary subdivision plat or the final subdivision plat, as the case may

20-O-1381 Last Updated: 06/3/20 be. The director shall review and make a part of the record any written comments that were received from the appropriate neighborhood planning unit regarding the subject application. (2) If a preliminary subdivision plat has been approved by the commissioner of the department of public works transportation and meets all other applicable requirements of parts 15 and 16 of this Code, the director, bureau of planning shall approve the subject preliminary subdivision plat. If a preliminary subdivision plat has not been approved by the commissioner of the department of public works transportation, or fails to meet the applicable requirements of parts 15 and 16 of this code, the director, bureau of planning shall disapprove the subject preliminary subdivision. The director shall notify the applicant in writing of the final decision regarding a preliminary subdivision plat. (3) If a final subdivision plat has been approved by the commissioner of the department of public works transportation and meets all other applicable requirements of parts 15 and 16 of this Code, the director, bureau of planning shall approve the subject final subdivision plat and cause the final plat to be recorded in the records of Fulton or DeKalb County as is appropriate. If a final subdivision plat has not been approved by the commissioner of the department of public works transportation, or, fails to meet the applicable requirements of parts 15 and 16 of this code, the director, bureau of planning shall disapprove the subject final subdivision and notify the applicant in writing of said disapproval. The director, bureau of planning shall make a decision regarding each final plat submitted no later than 15 days after the date of submission of said final plat. Approval by the director, bureau of planning shall appear on the original drawing. Final plat approval by the director, bureau of planning shall constitute that approval, if any, required by the governing authority of the City of Atlanta pursuant to O.C.G.A. section 15-6-67(d). If requested by the applicant, and if otherwise in accord with the requirements of this part, the director shall have the authority to re-record final plats for the purpose of revising lot lines where no new lot is created. If requested by the applicant, the final plat may constitute only that portion of the approved preliminary plat which the applicant proposes to record and develop in a single phase. (4) The director shall provide a copy of any written decision on any preliminary or final subdivision plat to the applicant, to all review agencies listed in (b) above, to the appropriate at-large and district member of council, and to the appropriate neighborhood planning committee chairperson. (5) The final plat shall be submitted to the bureau of planning not later than one year after approval of the preliminary plat; otherwise the approval of the preliminary plat shall become null and void unless an extension of time is granted by the bureau of planning. An applicant may request a single extension of no more than 12 months only in the case of a sewer moratorium, unavailable financing, industry work stoppage, severe detrimental weather conditions, death or disability of managing partner and similar clearly established hardship conditions. (g) Limitation on Application for Variances. It is the intent of this part to prohibit the creation of lots that require a variance in order to be developed. Therefore, once a final plat has been approved by the director, bureau of planning, no application for a variance on any lot in said subdivision may be submitted for a period of one year from the date of final approval of said plat unless an unknown site condition is discovered which creates a hardship within the meaning of chapter 26 of part 16 of this Code. (h) No Grading or Site Preparation Prior to Necessary Permits. No permits for grading or other site preparation work shall be granted prior to final approval of the preliminary plat or final plat. No grading, tree cutting or other site preparation work shall commence until all required permits under this part and any other applicable ordinance, including any applicable tree ordinance, have been obtained.

20-O-1381 Last Updated: 06/3/20 (i) Sale or Exchange of Land Between Adjoining Owners. The director shall approve the replatting of land that is proposed to be sold or exchanged between adjoining property owners provided each of the following conditions are met: (1) A written request, accompanied by one original mylar plat showing existing and proposed property boundaries and all other applicable information specified in section 15-07.003, is submitted to the director; (2) No additional lot is created; and (3) Each newly platted lot conforms to all requirements of part 15 and part 16 of the Code of Ordinances, provided that if either lot, as platted prior to the proposed replatting, does not conform to all requirements of part 15 and part 16, this condition shall nevertheless be deemed to have been met if said lot(s) are replatted in a manner that equals or reduces the degree of nonconformity. (j) Reserved.

SECTION 5: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-08.006 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-08.006. - Stormwater detention areas. Where water detention facilities are required pursuant to this part, or by chapter 138 of this Code, or by any other applicable local, state or federal regulation, in the approval of any subdivision, the area or areas of any lot or lots on which that portion of the facility serving the area of the five-year storm storage elevation is located shall be increased by an amount equal to the total area of land which is required for the development of the water detention area. Open water detention structures shall not be located within any yard adjacent to a public street, provided that the commissioner of the department of public works transportation may approve an underground detention facility that is so located, and further provided that where an applicant proposes to construct a collective detention area that serves as an amenity area for the entire subdivision, the director, bureau of planning shall have the discretion to approve said collective detention area. In both instances, the applicant shall provide an agreement holding the City of Atlanta harmless from liability for the construction and maintenance of said water management facilities, and the subdivision plat shall contain a notation that assigns all legal responsibility to the owners for the construction and maintenance of said water management facilities.

SECTION 6: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-09.002 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-09.002. - Street improvements. Street improvements shall be provided in each subdivision in accordance with the standards and specifications applicable thereto promulgated by the commissioner of the department of public works transportation.

20-O-1381 Last Updated: 06/3/20 SECTION 7: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-09.003 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-09.003. - Sidewalk and curb improvements. Except as provided herein, sidewalks shall be provided in each subdivision on both sides of existing and proposed streets. The city council may, through an appropriate resolution for each subdivision, waive the foregoing requirement in order to permit the developer of said subdivision to construct sidewalks of equal or greater length along adjoining streets; provided, however, that the city council may grant such a waiver only if the subdivision developer or the pertinent neighborhood planning unit has formally petitioned the city for said waiver, and only if the city council has received formal comments on said petition from the commissioner of public works the department of transportation and the commissioner of planning, development and neighborhood conservation.

SECTION 8: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-09.004 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-09.004. - Sanitary facilities. (a) Sanitary Sewer Available. Except as provided in subsection (b) below, the applicant shall provide a separate sanitary sewer service connection from a public sanitary sewer to each lot being developed. A City of Atlanta standard sanitary sewer cleanout shall be provided on each sewer connection at the right- of-way/property line location. All sanitary sewer connection and cleanouts shall be installed in accordance with standards and specifications promulgated by the commissioner of the department of public works transportation. (b) Sanitary Sewer Not Available. When in the written opinion of the health officer of Fulton or DeKalb County and the commissioner of the department of public works transportation a public sanitary sewer is not accessible, proper provisions shall be made for the disposal of sanitary wastes in accordance with standards and requirements, including percolation tests, of the health officer of Fulton or DeKalb County. Septic tanks and drain fields shall not be permitted on any lot of less than 30,000 square feet in lot area and less than 100 feet minimum frontage. (c) Future Sanitary Outfall Sewers. Easements granted to the city for future sanitary outfall sewers shall be executed by the owner, and the location of such easement shall be shown on the final plat in accordance with the location approved by the commissioner of public works the department of transportation.

SECTION 9: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-09.005 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-09.005. - Drainage. (a) Facilities Required. As determined by the commissioner of public works the department of transportation and/or the health officer of Fulton County or DeKalb County, the developer shall provide for all necessary facilities, including underground pipe, inlets, catch basins or open drainage ditches, for the adequate disposal of surface water, to maintain any natural drainage course and to establish

20-O-1381 Last Updated: 06/3/20 easements for future sewers and outfalls, if needed. Other improvements, such as widening, deepening, relocating, clearing, protecting or otherwise improving stream beds and other watercourses for the control of mosquitoes and public health nuisances shall be provided by the developer in accordance with the standards and requirements of the appropriate local permitting authority and applicable regulations promulgated pursuant to the Clean Water Act, 33 U.S.C. section 1251, et seq., as amended. (b) Installation. All installations required by this section shall be installed or performance bond posted to ensure installation by the owner before the final plat is approved.

SECTION 10: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-09.006 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-09.006. - Street paving. After final approval of the preliminary plat and prior to carrying out initial improvements based on the preliminary plat, the applicant may seek a building permit from the bureau of buildings of the City of Atlanta. After a building permit has been obtained, the applicant may proceed with grading and infrastructure installation in accordance with the requirements of the building permit, the standards set forth in this part, and the standards and specifications applicable thereto promulgated by the commissioner of the department of public works transportation.

SECTION 11: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-09.008 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-09.008. - Water impoundment structures. Any water impoundment structure shall be constructed so as to minimize mosquito breeding and other nuisances and hazards. The outside toe of any dam shall be at least 50 feet away from the toe of the street right-of-way slope. Any dam to be constructed within the city shall require the approval of the commissioner of public works the department of transportation and the health officer, and shall be constructed in accordance with standards and specifications promulgated by the commissioner of the department of public works transportation.

SECTION 12: That Part III (Land Development Code), Part 15 (Land Subdivision Ordinance), Section 15-10.001 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 15-10.001. - Appeals. Final administrative decisions made pursuant to this part by the director, bureau of planning, director, bureau of buildings and the commissioner of the department of public works transportation may be appealed by an aggrieved party to the board of zoning adjustment in accordance with the procedures set forth in section 16-30.010 of this code. Appeals from the board of zoning adjustment of Fulton County Superior Court shall be the same as those authorized and provided by section 16-26.007 of this code. No provision contained within this part shall be subject to variance by the board of zoning adjustment.

20-O-1381 Last Updated: 06/3/20 SECTION 15: That Part III (Land Development Code), Part 16 (Zoning), Chapter 16A (I-Mix Industrial Mixed Use Regulations), Section 16-16A.011 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-16A.011. - Sidewalks. (1) Sidewalks required: Sidewalks shall be located along all public and private streets as set forth in Table 3: I-MIX Sidewalk Table, and shall consist of two zones: an amenity zone and a walk zone. Table 3: I-MIX Sidewalk Table Public or Private Arterial or Other Public or Private Collector Streets Streets Minimum Amenity Zone 5 ft. 5 ft. Width: - Street Tree Planting Max. 40 ft. on-center Max. 40 ft. on-center Standards: - Street Lighting: Max. 60 ft. on-center Max. 60 ft. on-center Minimum Walk Zone 10 ft. 6 ft. Width:

(2) Amenity zone requirements: The amenity zone shall be located immediately adjacent to the curb. Width shall be measured from back (building side) of curb to the walk zone. This zone is reserved for the placement of street trees and street furniture including utility and light poles, public art, waste receptacles, fire hydrants, traffic signs, traffic control boxes, newspaper boxes, transit shelters and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. Such elements, where installed on or abutting a public street, shall be of a type specified by the director in accordance with uniform design standards for placement of such objects in the public right-of-way. No awning or canopy shall encroach into the amenity zone. (3) Walk zone requirements: The walk zone shall be located immediately contiguous to the amenity zone and shall be a continuous hardscape for the widths specified in Table 3: I-MIX Sidewalk Table. Said zones shall contain a consistent cross-slope not exceeding two percent. No fixed elements, including pole mounted signage, traffic control boxes or other utility structures, shall be placed above ground in the walk zone for a minimum height of eight feet. (4) Paving: All sidewalk paving shall be of a type specified in accordance with uniform design standards for placement of such objects in the public right-of-way. Any existing decorative hardscape treatment of sidewalks, including amenity zone and sidewalk walk zone areas, shall be retained as part of any new development or replaced with materials that match in size, shape, and color. (5) Street tree planting requirements: Street trees are required and shall be planted in the ground within the amenity zone and spaced equidistance and on-center between street lights as specified in Table 3: I- MIX Sidewalk Table. All newly planted trees shall be single-stemmed at a minimum of three inches in caliper (measured 36 inches above ground), shall be a minimum of 12 feet in height at the time of planting and shall be limbed up to a minimum height of seven feet. Trees shall be planted with a minimum of 40 square feet of evergreen ground cover such as mondo grass or liriope spicata. All tree plantings, replacement, and removal shall be approved by the city arborist. (6) Pedestrian lighting: Decorative pedestrian lights, where installed, shall be placed as specified in Table 3: I-MIX Sidewalk Table and spaced equal distance between required trees along all public or private streets. Where installed, said lights shall be located in the amenity zone. All said lights along

20-O-1381 Last Updated: 06/3/20 public streets shall be of a type as approved by the office of zoning and development and the department of public works transportation. (7) [Abutting R districts:] Where property within the district abuts an R district without an intervening public or private street, the sidewalk area within 20 feet of such districts shall taper when necessary to provide a smooth transition to the existing R districts sidewalk. In the event that the abutting R district has no existing sidewalk, the sidewalk shall taper to a width of six feet, measured from the street curb, or as approved by the director of the office of zoning and development. (8) Site triangle: Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility within visibility triangles at public street intersections between the heights of two and one-half feet and eight feet above grade. See section 16-28.008(9), visibility at intersections.

SECTION 16: That Part III (Land Development Code), Part 16 (Zoning), Chapter 16-18A (ISPI-1 Downtown Special Public Interest District Regulations), Section 16-18A.014 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18A.014. - Driveway curb cuts, driveways, parking facilities and drive-through facilities. 1. [Sidewalks.] All sidewalk paving materials and widths shall be continued across any intervening driveway curb cut at the prevailing grade and cross slope as the adjacent sidewalk clear zone. Bands of textured concrete shall also be installed which are. a. Adjacent to the street and of equal width and alignment to the street furniture zone; and b. Adjacent to the back of the required clear zone and in-line with the supplemental zone at a minimum width of five feet. 2. Driveway curb cuts: a. Shall be a maximum of 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of public works transportation. b. Maximum permitted number of driveway curb cuts for each development, subject to the provisions of section 16-25.002(3) (For the purposes of this section, two curb cuts serving two one-way driveways shall only be counted as one curb cut): i. Developments with only one street frontage, which is less than 300 feet in length: One; ii. Developments with only one street frontage, which is greater than or equal to 300 feet in length: Two; iii Developments with more than one street frontage: One per street frontage, provided that curb cuts shall not be permitted on arterial, collector or storefront streets when access may be provided on other street(s). 3. Driveways: a. Shall be perpendicular to any adjacent street and are not permitted between the required sidewalk and the adjacent building except to reach the side yard, rear yard or an on-site parking facility. b. Shared driveways: Notwithstanding the provisions of section 16-28.006(10), independent driveways are not required when access is provided by a common or joint driveway for adjacent lots that have direct vehicular access to a street, or a driveway from a private street which functions as a public street.

20-O-1381 Last Updated: 06/3/20 Said shared arrangement may be authorized by the director of the bureau of planning, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is filed with the bureau of planning. 4. Parking structures: In addition to section 16-28.028 the following regulations shall apply: a. Shall have the appearance of a horizontal storied building on all levels and shall conceal automobiles from visibility from any adjacent residential dwellings or lodgings; and b. Shall have façades, not including windows or other openings, adjacent to the required sidewalk or provided supplemental zone which are faced in brick, glass, stone, cast stone, poured-in-place rubbed concrete, hard coat stucco or pre-cast concrete having the appearance of brick or stone; and c. Shall meet the active-use and fenestration requirements as applicable in section 16-18A.011 and 16- 18A.012. 5. Drive-through and drive-in facilities: a. In Subarea 6 (Terminus) and Subarea 7 (Fairlie-Poplar): Are prohibited. b. All other locations: Drive-through service windows, drive-in facilities and associated queuing areas are permitted only when completely enclosed within a building or parking structure and subject to the active-use requirement of section 16-18A.011(3) except at ingress and egress points. Such facilities shall also be limited to one drive-through or drive-in facility and one queuing lane. 6. Valet facilities: All valet facilities and uses shall not be located in the existing right-of-way drive lanes and any on-street parking spaces, unless authorized by the commissioner of public works transportation with review comments from the director of the bureau of planning.

SECTION 17: That Part III (Land Development Code), Part 16 (Zoning), Chapter 16-18A (ISPI-1 Downtown Special Public Interest District Regulations), Section 16-18A.015 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18A.015. - Off-street parking and loading requirements. 1. Parking requirements: The minimum number of parking spaces required and maximum number allowed shall be in accordance with the following SPI-1 Downtown Parking Table. Any variation to increase the maximum allowable parking requirement shall be based upon criteria including, but not limited to the following: a. Tenant demand based for on-site uses; and b. Parking efficiency and utilization for on-site uses; and c. Parking available off-site within one-quarter-mile radius. 2. Off-street surface parking lots. Off-street surface parking lots, including those for the authorized sale or lease of vehicles shall not be located between a building and adjacent street without an intervening building. 3. All parking areas and structures. All parking areas and structures shall have delineated walkways at a minimum width of four feet connecting parking to the required sidewalks and building entrances. 4. Office uses, additional requirements:

20-O-1381 Last Updated: 06/3/20 a. All office developments over 100,000 square feet shall reserve and designate at least five percent of the-parking spaces "Carpool Only." Such spaces shall be located near the building's entrance or other preferable locations within the employee parking areas as approved by the commissioner of public works transportation; and b. All new parking structures shall be built to accommodate vanpool access at entry level. The minimum ceiling height for vanpools is eight feet two inches. 5. In Subarea 3 (SoNo Commercial East) and Subarea 4 (SoNo Residential): Off-site parking may be granted subject to evidence of a shared parking arrangement within 600 feet of the property. Said evidence of a shared parking arrangement shall include the following: a. A to-scale map indicating location of proposed parking spaces; and b. Written consent of property owners agreeing to the shared parking arrangement; and c. Copies of parking leases. Renewed leases shall be filed with the bureau of planning. Failure to file or lapse of such required lease agreement with the bureau of planning shall terminate said shared parking arrangement. SPI-1 Downtown: Parking Table Parking Spaces Maximum Minimum Within Not Parking Within Limitation Parking District Limitation District Residential Dwellings/Lodgings Hotels and motels (spaces per lodging unit) None 1.0 1.5 Residential Dwellings: •Per each one-bedroom None 1.25 2.25 1.5 2.5 unit •Per each two or more bedroom unit Non-Residential Uses (Spaces per 1,000 sq. ft. of floor area) Eating and Drinking Establishments None or 2.5 3.0 1.5* Commercial/Retail (not Eating and Drinking None 2.5 3.0 Establishments) Institutional None 2.5 3.0 Office None 2.5 3.0 Recreation/Entertainment None 1.5 2.5 All Other Uses None 2.0 2.5

*Within Subarea 3 (SoNo Commercial East) and Subarea 4 (SoNo Residential): One and one-half spaces per 1,000 square feet of floor area is required. Said spaces may be provided off-site within 600 feet of the principal use. In all other areas: None required. 6. [Off-street loading:] The off-street loading requirements for this district are as shown in table of loading requirements, chapter 28, section 16-28.015.

20-O-1381 Last Updated: 06/3/20 SECTION 18: That Part III (Land Development Code), Part 16 (Zoning), Chapter 16-18B (SPI-2 Fort McPherson Special Public Interest District), Section 16-18B.012 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18B.012. - Driveways, curb cuts, parking and drive-through facilities. (1) Driveways: a. Driveways are not permitted between any required sidewalk and a building, and shall be perpendicular to any adjacent street, except for a driveway to reach the side yard or rear yard or an on- site parking facility. b. Notwithstanding the provisions of subsection 16-28.006(10) of the Atlanta Zoning Ordinance, a common or joint driveway may be authorized by the Director of the Office of Zoning and Development when adjacent lots have direct vehicular access to a street. c. Notwithstanding the provisions of subsection 16-28.006(10) of the Atlanta Zoning Ordinance, a driveway from a private street may be authorized by the Director of the Office of Zoning and Development, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a legal copy of such agreement is provided to the Office of Zoning and Development. (2) Curb Cuts: a. Driveway and curb cut widths shall be a minimum 24 feet for two-way entrances and 12 feet for one- way entrances, unless otherwise authorized by the Office Public Works department of transportation. b. Curb cuts and driveways shall not be permitted from any boulevard or avenue as identified in the Connect Atlanta Street Design Guide when access may be provided from a side or rear street located immediately adjacent to a contiguous property under the same ownership. c. No more than one curb cut shall be permitted for each parcel provided that parcels with more than one street frontage may have one curb cut located on each street frontage. (3) Drive-through service windows and drive-in facilities shall not be located between the principal structure and the street.

SECTION 19: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18B (SPI-2 Fort McPherson Special Public Interest District), Section 16-18B.014 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18B.014. - Off-street parking requirements. This district shall have no parking minimum or maximum. Parking shall be demonstrated at the time of each application for development. (1) All parking areas and structures. All parking areas and structures shall have delineated walkways at a minimum width of four feet connecting parking to the required sidewalks and building entrances. (2) Office uses, additional requirements: a. All office developments over 100,000 square feet shall reserve and designate at least five percent of the parking spaces "Carpool Only." Such spaces shall be located near the building's entrance or other preferable locations within the employee parking areas as approved by the commissioner of public works the department of transportation; and

20-O-1381 Last Updated: 06/3/20 b. All new parking structures shall be built to accommodate vanpool access at entry level. The minimum ceiling height for vanpools is eight feet two inches. (3) Off-site parking variations may be granted by the Office of Zoning and Development subject to evidence of a shared parking arrangement within 600 feet of the property. Said evidence of a shared parking arrangement shall include the following: a. A to-scale map indicating location of proposed parking spaces; and b. Written consent of property owners agreeing to the shared parking arrangement; and c. Copies of current shared parking leases. Renewed leases shall be filed with the Office of Zoning and Development Expiration of the parking lease or failure to file renewed parking leases within 5 days of such renewal or amendment shall result in automatic revocation of the off-site parking variation approval. Any change to the terms of the shared parking leases related to number or location of spaces shall require a new off-site parking variation.

SECTION 20: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18B (SPI-2 Fort McPherson Special Public Interest District), Section 16-18B.015 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18B.015. - Bicycle parking. (a) Bicycle parking shall be provided for each building as specified in the following Table 8: SPI-2 Table of Bicycle Parking Requirements. Bicycle parking requirement shall be calculated based on gross floor area and shall be calculated separately for separate buildings. Table 8: SPI-2 Table of Bicycle Parking Requirements Fixed Bicycle Rack Enclosed Bicycle Maximum Combined Parking Spaces Parking Spaces Requirement Residential Uses Multifamily (less 1 per 5 units, 2 min. n/a No more than 50 than 10 units) spaces required Multifamily (10 or 1 per 10 units, 2 1 per 10 units, 2 No more than 50 more units) min. min. spaces required Non-residential uses Offices 1 per 8,000 sf, 2 1 per 8,000 sf, 2 No more than 50 min. min. spaces required All other non- 1 per 4,000 sf, 2 n/a No more than 50 residential uses min. spaces required

(b) Fixed bicycle racks parking spaces shall conform to all of the following minimum standards: (1) Shall not be located inside a building, but may be covered. (2) Shall be publicly accessible and provided with lighting at all hours. (3) Shall be spaced to provide clear and maneuverable access to a public street or multiuse trail without the use of stairs. (4) Shall be located on site or in the adjacent sidewalk furniture zone.

20-O-1381 Last Updated: 06/3/20 (5) Shall include a metal anchor sufficient to secure the bicycle frame when used in conjunction with a user-supplied lock. (6) When located on-site, shall be located at least as close as the closest automobile space serving the building, except for handicapped parking spaces. (7) When located in the public right-of way, shall not impede pedestrian use of the sidewalk and shall only be located within a street furniture and tree planting zone a maximum distance of 100 feet of the building entrance the rack is intended to serve. (8) When located in the public right-of-way, shall be of a type specified by the Office of Zoning and Development in coordination with the Ddepartment of Public Works transportation. (9) When two bikes can be locked on both sides without conflict, each side can be counted as one required space. (c) Enclosed bicycle parking spaces shall conform to all of the following minimum standards: (1) Shall provide enclosed bicycle storage in lockers, a room within a building, or within a parking structure. (2) Shall be accessible to all building occupants and to public entrances and walkways, secure, weather resistant, and provided with lighting at all hours. (3) Shall provide clear and maneuverable access to a public street or multi-use trail without the use of stairs or elevators. (d) Buildings containing over 50,000 gross square feet of office space shall provide showering facilities, which shall include showers and lockers, in a ratio of at least two showering facilities for every 50,000 gross square feet of office space in excess of 50,000 square feet. Said facilities shall be available to all office tenants and their employees, provided that the number of shower facilities shall not be required to exceed four. (e) The board of zoning adjustment is hereby empowered to waive or reduce the bicycle parking requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of bicycle parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot.

SECTION 21: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18I (SPI-9 Buckhead Village District Regulations), Section 16-18I.020 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18I.020. - Driveways, curb cuts and parking structures. 1. Sidewalks at driveways: All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as the adjacent sidewalk walk zone. Bands of textured concrete shall border sidewalk areas across driveways and be installed parallel to the street in- line and equal in width to the street furniture zone or such future standard as developed by the department of public works transportation. See Figure 9 of the SPI-9 Graphic Appendix and Standards. 2. Driveway curb cuts: a. Driveways shall be a maximum of 24 feet in width for two-way entrances and 12 feet in width for one-way entrances, unless otherwise permitted by the commissioner of public works transportation. For

20-O-1381 Last Updated: 06/3/20 the purposes of this section, two curb cuts serving two one-way driveways shall only be counted as one curb cut. b. Driveways shall be located no closer than 100 feet from the nearest adjacent intersection or driveway along the same block face or at the greatest distance possible from the nearest adjacent intersection or driveway, whichever lesser. c. Maximum permitted number of driveway curb cuts for each development, subject to the provisions of section 16-25.002(3): i. Developments with only one street frontage, which is less than 300 feet in length: One. ii. Developments with only one street frontage, which is greater than or equal to 300 feet in length: Two, separated by a minimum distance of 200 linear feet. iii. Developments with two street frontages: Two. One per street frontage or two curb cuts located on the lower classified street per Map Attachment B (Type 1 being the highest classification). iv. Developments with three or more street frontages: One per street frontage. No more than one curb cut may be located on the highest classified street per Map Attachment B. 3. Driveways and drive-thru service: a. Driveways shall be perpendicular to any adjacent street. Circular drives are not permitted between the sidewalk and a building with the exception of hotels, child care centers, kindergartens, and special schools, subject to the provisions contained in section 16-25.002(3). b. Drive-through service windows and drive-in facilities shall not be located between the principal structure and the street and shall not be visible from the public right-of-way along a Type 1 or Type 2 street. 4. Inter-parcel access. Inter-parcel access, joint driveways, cross-access drives, and access easements shall be accommodated when adjacent non-residential lots have direct vehicular access to a street or a driveway from a private street which functions as a public street based on traffic considerations, notwithstanding the provisions of section 16-28.006(10) except where the director determines that they are impractical due to topographic or other site-specific constraints. 5. Parking structures (either principal or accessory use): In addition to requirements contained in section 16-28.028 the following regulations shall apply; a. When located immediately adjacent to any public right-of-way, private street, public park, or single- family residential district: i. Shall have an appearance of a horizontal storied building on all levels. Said structure shall have an appearance similar to or compatible with that of the adjoining or attached structure. ii. Façades at sidewalk-level along any public right-of-way, private street or public park: Shall meet the active use and façade treatment requirements as applicable in section 16-18I.007(6) unless topographic considerations render this requirement impractical. iii. Above-ground parking structures shall be designed so that the only openings at street level are those to accommodate vehicle entrances and pedestrian access to the structure. Any openings for ventilation, service, or emergency access located on the first floor level in the building façade shall be an integral part of the overall building design or screened from view with landscaping at least ten feet in height.

20-O-1381 Last Updated: 06/3/20 6. Valet facilities: No valet facilities or uses shall be located within existing travel lanes within the public right-of-way or upon on-street parking spaces, unless authorized by the commissioner of public works transportation with review comment from the director.

SECTION 22: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18I (SPI-9 Buckhead Village District Regulations), Section 16-18I.023 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18I.023. - Off-street parking requirements. In addition to the provisions of section 16-28.008(7), which shall apply and are incorporated herein, off- street parking for all uses shall be provided in accordance with the, SPl-9 Buckhead Village Parking Table and subject to subsections 1 through 6 below. See also sections 16-28.013 and 16-28.014. 1. Maximum parking: Unless otherwise shown in the SPI-9 Buckhead Village Parking Table, the maximum allowable off-street parking shall be one space for each 200 square feet of floor area. 2. Minimum parking: The minimum off-street parking required shall be 75 percent of the maximum shown in the SPI-9 Buckhead Village Parking Table unless reduced in accordance with part 5 below. 3. Off-street surface parking lots, including those for the authorized sale or lease of vehicles, shall not be located between a building and the adjacent street without an intervening building. 4. Off-street surface parking lots shall be screened from adjacent streets and sidewalks by a decorative fence or wall, berm, or vegetative screen at a minimum of 30 inches and at a maximum of 42 inches in height between the parking lot and the sidewalk(s). Only perpendicular driveway crossings and delineated pedestrian paths shall be allowed through such screening. 5. Reduction of off-street parking requirements: a. On-street parking spaces may be used to meet up to 25 percent of the required off-street parking. Only those on-street parking spaces that are within, contiguous to, and/or located on right-of-way directly adjacent to the parcel (on the same side of the street) may be counted. b. Parking requirements may be reduced at the discretion of the director upon a written determination that either: i. The character or use of the building is such as to make unnecessary the full provision of parking facilities as verified by a valid shared parking analysis based on the Urban Land Institute (ULI) standard or other similarly recognized standard; or ii. The applicant shall establish a valid shared or off-site parking arrangement which: 1. Meets all other criteria of section 16.25.002(3); 2. Provides safe pedestrian circulation and access between the principal structure and off-site parking facilities at no more than 600 feet in horizontal walking distance; 3. Segregates required residential parking from parking associated for other uses; 4. All shared or off-site parking spaces shall be clearly marked and signed as reserved during specified hours; and 5. An applicant applying to share or transfer parking requirements shall submit documentation including the following:

20-O-1381 Last Updated: 06/3/20 a. A map drawn to scale that indicates the location of proposed parking spaces; and b. Documentation of the hours of operation of nonresidential parking users that avoids conflicting parking demands; and c. Copies of valid shared parking agreements. Renewed agreements shall be filed with the office of planning. 6. Office uses, additional requirements: Any development providing more than 50,000 square feet of gross office space shall reserve and designate at least five percent of the required parking spaces as "Carpool Only," or "Vanpool Only". Such spaces shall be located near the building's entrance or other preferable locations. Parking structures accommodating vanpool access at entry level must provide a minimum ceiling height of eight feet and two inches. SPI-9 Buckhead Village Parking Table Use Maximum Allowable Parking Spaces 1,2 Child care centers, day care centers, One space per 600 square feet of floor area. In pre-kindergartens, kindergartens, addition to providing off-street parking, such play and other special schools or day establishments shall provide safe and convenient care centers for young children facilities for loading and unloading children, approved by the public works department of transportation. Commercial recreation One space for each 100 square feet of floor area establishments, including bowling alleys, theaters, convention halls, places of assembly, and similar uses, with primary activities conducted within fully enclosed buildings Drive-in establishments See section 16-28.021 Eating and drinking establishments One space for each 300 square feet of floor area - Indoor dining and covered outdoor unless an eating and drinking establishment dining derives more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits. Eating and drinking establishments If outdoor uncovered dining space is greater than - Uncovered outdoor dining 25 percent of the total gross floor area of the establishment, it shall provide a maximum of one additional space per 600 square feet for such accessory outdoor dining area. Hotels and motels One space per rental unit plus one-half space per employee and one space per 100 square feet of restaurant/lounge gross leasable area as applicable, and one space per 300 square feet of other convention facilities Nursing homes One space for each four beds Office uses No minimum. A maximum of two and one-half spaces for each 1,000 square feet of floor area. Parking during off-peak hours (after 6:00 p.m.) may be shared for other uses

20-O-1381 Last Updated: 06/3/20 Personal care homes, assisted living See section 16-08.007 for applicable ratios facilities, and rehabilitation centers according to the appropriate floor area ratio with a residential component Poolrooms, billiard parlors, One space for each 100 square feet of floor area amusement arcades and similar establishments Recreational establishments One space for each 400 square feet of floor area Residential Two parking spaces per unit plus one-half space for each unit with three or more bedrooms + one- third space per unit for guest parking. Retail establishments, including One space for each 300 square feet of floor area catering, delicatessen and bakeries with wholesale operations Schools, colleges, churches, One space for each four fixed seats (with 18 recreation or community centers inches of bench length counted as one seat; or and other places of assembly One space for each 35 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the following: i. For elementary or middle schools: Two spaces for each classroom; ii. For high schools: Four spaces for each classroom; iii. For colleges and universities: Eight spaces for each classroom. Shelter and supportive housing One parking space for each on duty staff member, whether paid or unpaid. In addition to staff parking, a space of sufficient size is required for each van, bus or other vehicle used by the facility and one additional parking space shall be provided for each 2,000 square feet of the facility. Single room occupancy residences One space for each two dwelling units plus one space for each employee Tailoring, custom dressmaking, One space for each 300 square feet of floor area millinery and similar establishments Accessory uses One space for each 300 square feet of floor area All other uses One space for each 200 square feet of floor area 1 Unless specified otherwise, minimum on-site off-street parking shall be no less than 75 percent of the maximum allowable parking spaces, see section 16-18I.025(2). 2 Parking in excess of maximum parking allowed: Only parking structures providing shared or off-site parking in accordance with section 16-18I.023(5) and allowed by Special Administrative Permit (SAP) may exceed the maximum parking allowed by this section.

SECTION 23: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18K (SPI-11 Vine City and Ashby Station Special Public Interest District Regulations), Section 16-18K.014 be amended

20-O-1381 Last Updated: 06/3/20 such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18K.014. - Curb cuts and parking structures. 1. All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. 2. Driveways shall have a band of textured concrete adjacent to the street which is in-line with and equal in width to the street furniture zone and shall have a textured band of concrete adjacent to the sidewalk which is in-line with the supplemental zone and a minimum width of five feet from the sidewalk. 3. Driveways curb cuts shall be in conformance with all required Governmental Regulations regarding wheelchair and handicapped accessibility for mobility and access. 4. Driveway curb cut widths shall be a maximum of 24 feet for two-way entrances and 12 feet for one- way entrances, unless otherwise permitted by the commissioner of public works the department of transportation. For the purposes of this section, two curb cuts serving two one-way driveways shall only be counted as one curb cut provided that each curb cut does not exceed one lane in width. 5. Driveway curb cuts shall not be permitted on any street that functions as an arterial street or collector street when access may be provided from a side or rear street located immediately adjacent to a contiguous property, with the exception of hotel patron drop-off drives. 6. Driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street. 7. No more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have one curb cut located on each street frontage. However, developments on properties with a single street frontage greater than 300 feet shall be permitted two curb cuts along one street frontage, subject to provisions in section 16-25.002(3). 8. Entrances to garages and carports that serve a single residential unit, and are not located behind the principal structure, shall face the rear yard, or a side yard which has no street frontage. 9. All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas. 10. In addition to section 16-28.028, parking deck façades shall have the appearance of a horizontal storied building. 11. Notwithstanding the provisions of section 16-28.006(10), a common or joint driveway may be authorized by the director of the bureau of planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the bureau of planning, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning. 12. All developments, including parking decks, shall have sidewalks a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See section 16- 18K.015, Minimum Landscaping for Parking Lots and Barrier Requirements.

20-O-1381 Last Updated: 06/3/20 SECTION 24: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18K (SPI-11 Vine City and Ashby Station Special Public Interest District Regulations), Section 16-18K.018 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18K.018. - Additional subarea regulations. The following additional regulations shall apply to each subarea as follows: 1. Subarea 1: Ashby Station Shopping Subarea: a. Lots within this subarea which have frontage on the south side of Carter Street and the west side of James P. Brawley Drive shall be developed with buildings facing said streets. b. Carter Street Sidewalks. i. On the south side of Carter Street within Ashby Street Shopping Subarea: said sidewalks shall be a minimum width of 19 feet wide including a continuous minimum five feet wide street tree planting strip along the curb, a minimum 12 feet wide multi-use trail and a minimum two feet wide planted shoulder planted with ground cover, or similar off-street facility as approved by the City of Atlanta Department of Planning. ii. Alternatively, and subject to the approval of the City of Atlanta Ddepartment of Public Works transportation, where it is possible to provide a designated five feet wide bike lane within the roadway on each side of the street in addition to the width of all traffic lanes and any on street parking spaces: 11 feet wide including a continuous five-foot wide street tree planting strip along the curb and a six-foot wide pedestrian clear zone. iii. The street tree planting strip shall either be planted with required trees and continuous groundcover such as liriope spicatta or mondo grass, or shall be paved with pavers contrasting the sidewalks and with trees planted in five feet by eight feet tree wells with liriope spicatta or mondo grass groundcover. Street furniture may be placed on paved areas within the street tree planting strip. 2. Residential Subareas 4, 5 and 6 (University Residential, Ashview Heights Residential and Washington Park Single-Family Residential): Minimum lot requirements: If a lot has less area or width than herein required and was a lot of record on the effective date of this part, that lot shall be used only for a single-family dwelling.

SECTION 25: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18L (SPI-12 Buckhead/Lenox Stations Special Public Interest District),Section 16-18L.016 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18L.016. - Off-street parking requirements. Off-street parking for all uses shall be provided in accordance with the Table 9: SPI-12 Buckhead/Lenox Stations Parking Table and subject to the subsections below. See also sections 16-28.013 and 16-28.014. 1. Minimum parking. There shall be no minimum off-street parking required except that uses with alcohol beverage licenses shall be required to meet the minimum parking requirements set forth in Chapter 10 of the Code of Ordinances (Alcoholic Beverages).

20-O-1381 Last Updated: 06/3/20 2. Maximum parking. Unless otherwise shown in Table 9: SPI-12 Buckhead/Lenox Stations Parking Table, the maximum allowable off-street parking shall be one space for each 200 square feet of floor area. 3. Location. With the exception of regional shopping centers, accessory off-street surface parking lots shall not be located between a building and an adjacent street without an intervening building. 4. Screening. Off-street surface parking lots shall be screened from adjacent streets and sidewalks. Only perpendicular driveway crossings and delineated pedestrian paths shall be allowed through such screening. Screening shall incorporate screen wall extensions, berms, and/or vegetative fences or screening between the parking lot and the sidewalk(s) at a minimum height of 36 inches. The following additional screening controls shall apply: a. Berms, vegetative fences or screening shall have a maximum height of 42 inches. b. Screen wall extensions shall: i. Be located predominantly parallel and congruent with the adjacent building façade; ii. Be a maximum height of 12 feet; and iii. Be a minimum of 50 percent permeable or articulated to avoid blank walls. 5. Shared or transferred off-street parking requirements. a. Parking allocations for uses not involving alcohol beverage licenses may be shared or transferred off- site at the discretion of the director. b. Parking allocations for uses with alcohol beverage licenses may be shared or transferred off-site at the discretion of the director upon a written determination that the applicant has established a valid shared or off-site parking arrangement which: i. Meets all other criteria of section 16.25.002(3); ii. Provides safe and permissible pedestrian circulation and access between the principal structure and off-site parking facilities at no more than 1,000 feet in horizontal walking distance as measured along areas dedicated to or permitted for pedestrian access; iii. Shows that all shared or off-site parking spaces will be clearly marked and signed as reserved during specified hours; and iv. Documentation include the following: (1) A map drawn to scale that indicates the location of proposed parking spaces; and (2) Copies of valid shared parking agreements. Renewed agreements shall be filed with the office of planning. 6. Office uses, additional requirements. Any development providing more than 50,000 square feet of gross office space shall reserve and designate carpool and vanpool parking spaces with notification of such spaces to be provided to the Buckhead Area Transportation Management Association (BATMA) at the minimum ratios as follows: i. Three percent of all parking spaces as "carpool only", but shall not be required to exceed seven such spaces, with a minimum of one such space to provide electrical conduit and infrastructure to encourage future access for electric vehicles.

20-O-1381 Last Updated: 06/3/20 ii. Two percent of all parking spaces as "vanpool only", but shall not be required to exceed three such spaces. 7. Transit station area. Within the transit station area, off-street parking spaces shall be permitted to be reserved and designated as "transit access only" parking. The allocation of such spaces shall be permitted without limit and shall be coordinated with the Buckhead Area Transportation Management Association (BATMA). _____ TABLE 9: SPI-12 BUCKHEAD/LENOX MAXIMUM ALLOWABLE PARKING STATIONS PARKING TABLE SPACES Child care centers, kindergartens and One space per 600 square feet of floor area; other special schools In addition to providing off-street parking, such establishments shall provide safe and convenient facilities for loading and unloading children, approved by the public works department of transportation Commercial recreation establishments, One space for each 100 square feet of floor including bowling alleys, theaters, area convention halls, places of assembly, and similar uses, with primary activities conducted within fully enclosed buildings Drive-in, drive-through establishments See section 16-28.021 Tailoring, custom dressmaking, millinery One space for each 300 square feet of floor and similar establishments area Eating and drinking establishments- One space for each 200 square feet of floor Indoor dining and covered outdoor area for uses without alcoholic beverage dining license; One space for each 100 square feet of floor area for uses with alcoholic beverage licenses Eating and drinking establishments- If outdoor uncovered dining space is greater Uncovered outdoor dining than 25 percent of the total gross floor area of the establishment, it shall provide a maximum of one additional space per 600 square feet for such accessory outdoor dining area Hotels One space per rental unit plus one-half space per employee and one space per 100 square feet of restaurant/lounge gross leasable area and one space per 300 square feet of other convention facilities Nursing homes One space for each four beds Office uses Two and one-half spaces for each 1,000 square feet of floor area Parking structures (as a primary use) No parking requirement Personal care homes, assisted living See section 16-08.007 for applicable ratios facilities, continuing care retirement according to the appropriate floor area ratio

20-O-1381 Last Updated: 06/3/20 communities and rehabilitation centers with a residential component Other recreation and entertainment uses One space for each 400 square feet of floor area Single-family dwellings, multi-family Two spaces per unit plus one-half space for dwellings and supportive housing each unit with three or more bedrooms + one-third space per unit for guest parking Retail establishments One space for each 200 square feet of floor area Public and private schools and One space for each four fixed seats (with 18 institutions of higher learning, including inches of bench length counted as one seat); colleges and universities or One space for each 35 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the following: i. For elementary or middle schools: Two spaces for each classroom; ii. For high schools: Four spaces for each classroom; iii. For colleges and universities: Eight spaces for each classroom Accessory uses One space for each 300 square feet of floor area All other uses One space for each 200 square feet of floor area

SECTION 26: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18O (SPI-15 Lindbergh Transit Station Area Special Public Interest District Regulations), Section 16-18O.019 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18O.019. - Curb cuts and parking structures. 1. All sidewalk paving materials shall be continued across any intervening driveway. 2. Driveways shall have a band of textured concrete adjacent to the street which is in-line with and equal in width to the street furniture zone and shall have a textured band of concrete adjacent to the sidewalk which is in-line with and equal in width to the supplemental zone. 3. Except as authorized in section 16-18O.011(2), curb cuts within individual blocks shall be a minimum of 600 feet apart except that properties with more than one front yard may have at least two curb cuts. 4. Driveway and curb cuts shall be limited to one-way entrances a width of 12 feet or two-way entrances a width of 24 feet, unless otherwise permitted by the commissioner of public works transportation. 5. No circular drives shall be located between any building and any public street with the exception of hotels. 6. Curb cuts and driveways shall not be permitted on any storefront street when access may be provided from a side or rear street, with the exception of hotel patron drop-off drives.

20-O-1381 Last Updated: 06/3/20 7. Unless authorized by section 16-18O.019(5), parking areas or driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street. 8. Entrances to garages and carports that serve a single residential unit shall face the rear yard, or a side yard which has no street frontage. 9. All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas. 10. In addition to section 16-28.028, parking deck façades shall have the appearance of a horizontal storied building. 11. Additional parking deck treatment along specific streets: a. When located along storefront streets. Shall meet the requirements of section 16-18O.027. b. Properties at the intersection of East Lindbergh Drive and East Lindbergh Way, and east of Piedmont Road. Shall be landscaped with mature trees and ground cover only to a depth of 20 feet from the eastern most property line. No additional landscaping shall be required for parking decks on these properties. c. When located along all other streets. i. Shall meet the requirements of section 16-18O.027; or ii. Shall meet the requirements of section 16-18O.014(5); or iii. Shall provide a continuous minimum five-feet wide landscaped strip between the structure and the public sidewalk, except at ingress and egress points into the structure. The landscaped strip shall be planted with street trees spaced a maximum distance of 20 feet on center, which shall also meet the tree requirements in section 16-18O.012(3), Sidewalks. The landscape strip shall also be planted with evergreen ground cover such as mondo grass, Liriope spicata, ivy or evergreen shrubs with a maximum mature height of 24 inches. All plantings, planting replacement and planting removal shall be approved by the city arborist. 12. Notwithstanding the provisions of section 16-28.006(10), a common or joint driveway may be authorized by the director of the bureau of planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the bureau of planning, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning. 13. All developments shall have sidewalks with a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See section 16-18O.021. 14. No drop-off lanes shall be permitted along public streets. SECTION 27: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18O (SPI-15 Lindbergh Transit Station Area Special Public Interest District Regulations), Section 16-18O.022 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18O.022. - Off-street parking requirements.

20-O-1381 Last Updated: 06/3/20 1. Parking requirements . The minimum number of parking spaces required and maximum number allowed shall be in accordance with the following SPI-15 Lindbergh Parking Tables. Any variation to increase the maximum allowable parking requirement shall be based upon criteria including, but not limited to, the following: a. Tenant demand based for on-site uses; and b. Parking efficiency and utilization for on-site uses; and c. Parking available off-site within one-quarter-mile radius. 2. All parking areas and structures. All parking areas and structures shall have delineated walkways at a minimum width of four feet connecting parking to the required sidewalks and building entrances. 3. Office uses, additional requirements. a. All office developments over 100,000 square feet shall reserve and designate at least five percent of the parking spaces "Carpool Only." Such spaces shall be located near the building's entrance or other preferable locations within the employee parking areas as approved by the commissioner of public works transportation; and b. All new parking structures shall be built to accommodate vanpool access at entry level. The minimum ceiling height for vanpools is eight feet two inches. 4. Off-street surface parking. a. Shall not be located between the principal structure and the street. b. Shall be accessory to a permitted principal use only, provided that parking spaces serving this use may also serve another principal permitted use that is located off site, in a shared parking scenario. 5. Electric vehicle charging stations. All automobile parking facilities shall include electric vehicle charging stations in a ratio of at least one station for every 100 automobile parking spaces. No development shall be required to exceed a maximum of 12 spaces. 6. [Park-for-hire surface parking lots:] Park-for-hire surface parking lots are prohibited. 7. [Park-for-hire parking decks:] Park-for-hire parking decks are permitted only if specifically authorized in a particular subarea. Table 2A: SPI-15 Lindbergh Parking Table (Subareas 1 through 4 & 5 through 8, subject to use restrictions) Parking Spaces Minimum Maximum Residential Dwellings Hotels and motels (spaces per lodging unit) None 1.0 Residential Dwellings • Per each one bedroom unit • Per None 1.25 2.25 each two or more-bedroom unit Non-residential Uses (Spaces per 1,000 sq. ft. of floor area) Eating and drinking establishments None 2.5 Commercial/retail (not eating and drinking establishments) None 2.5 Institutional None 2.5 Office None 2.5 Recreation/Entertainment None 1.5 All Other Uses None 2.0

20-O-1381 Last Updated: 06/3/20

Table 2B: SPI-15 Lindbergh Parking Table (Subarea 9) Parking Spaces Minimum Maximum Residential Dwellings Hotels and motels (spaces per lodging unit) None 0.5 Residential Dwellings 1 • Per each one bedroom unit • Per each None 0.75 1.00 two bedroom unit • Per each three or more-bedroom unit 1.25 Non-residential Uses (Spaces per 1,000 sq. ft. of floor area) Commercial/retail (not eating and drinking establishments) None 3.70 Childcare None 1.70 Health Club None 3.70 Office None 2.67 All Other Uses None 2.0

1 A maximum of one visitor parking space may be provided for every four units.

SECTION 28: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18P (SPI-16 Midtown Special Public Interest District Regulations), Section 16-18P.012 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18P.012. - Sidewalks. Public sidewalks shall consist of two zones: a street furniture zone and a clear zone. Each zone shall be located along all public streets as set forth in Table 4: SPI-16 Sidewalk Table and is subject to the following: 1. Street furniture zone requirements. Said zone shall be continuously located immediately adjacent to granite curbing and shall meet tree planting requirements of section 16-18P.012(2). The area between such tree planting areas shall either be planted with evergreen ground cover such as mondo grass or a liriope species or shall be constructed in accordance with the Midtown Streetscape Plan. In addition, this zone may be used for street furniture specified by the Office of Zoning and Development in coordination with the Ddepartment of Public Works transportation and accordance with the Midtown Streetscape Plan. This furniture may include trash receptacles, traffic signs, bus shelters, bicycle racks, benches, tree fencing, and utility poles (where allowed) or similar elements in accordance with uniform design standards utilized for the placement of such objects in the public right-of-way in a manner that does not obstruct pedestrian access or motorist visibility. 2. Street tree requirements. Street trees are required to be planted within the street furniture zone spaced equidistant between street lights as specified in the Table 4: SPI-16 Sidewalk Table above and in accordance with the Midtown Streetscape Plan. All newly planted trees shall be a minimum of three inches in caliper measured 36 inches above ground, at a minimum of 12 feet in height and limbed up to a minimum height of seven feet. Trees shall have a minimum planting area of 40 square feet planted with evergreen ground cover such as mondo grass or a liriope species. All plantings, planting replacement and planting removal shall be approved by the city arborist. Tree grates are prohibited and tree fences shall only be allowed along Peachtree Street.

20-O-1381 Last Updated: 06/3/20 3. Street light requirements. Street lights that meet a standard Atlanta type as approved by the Office of Zoning and Development are required to be installed within the street furniture zone spaced equidistant between required street trees as specified in the Table 4: SPI-16 Sidewalk Table above and in accordance with the Midtown Streetscape Plan. 4. Clear zone requirements. Said zone shall be continuous standard concrete hardscape located immediately contiguous to the street furniture zone at widths specified in the Table 4: SPI-16 Sidewalk Table above. Said zone shall be unobstructed by any permanent or non-permanent element to a minimum height of ten feet. No awning or canopy shall encroach beyond the clear zone into the street furniture zone. Where property within this district abuts another district without an intervening street, the sidewalk shall taper as necessary to provide a smooth transition to the abutting district sidewalk. If the abutting district has no existing sidewalk, the sidewalk shall taper to a width of six feet. 5. Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility within visibility triangles at street intersections between the heights of 2½ feet and eight feet above grade. See also section 16-28.009: Visibility at Intersections. 6. Outdoor dining within the street furniture and clear zones: Buildings existing prior to 2001 with sidewalks not meeting the requirements of this chapter may have new outdoor dining encroaching into such zones provided the following criteria are met: a. Peachtree Street shall have a minimum nine (9) feet of unobstructed sidewalk area adjacent to the curb. All other streets shall have a minimum six feet of unobstructed sidewalk area adjacent to the curb; b. No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way; and c. At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter. Table 4: SPI-16 Sidewalk Table Peachtree Cypress All Other All Other Street Street, Streets in Streets in Peachtree SA-1 & 3 SA-2 Walk Min. Street Furniture Zone 5' Varies (5'- 5' 5' Width 20') - Street Tree Planting 40' on-center Varies 30' on- 30' on- Standards center center - Street Lighting 40' on-center Varies 60' on- 60' on- center center Min. Clear Zone Width 15' Varies (10'- 10' 10' 15') Min. Setback (from street 50' north of 14 20' 15' 15' curbing) th St.; 25' south of 14 th St. Min. Supplemental Zone width 30' north of 14 5'/0' 1 5'/0' 1 5' th St./ 5' south of 14 th St. Max Street Facing Setback 70' north of 14 40' 30' 30' (from curb) - except for public th St./ 50' south parks and public art areas per of 14 th St.

20-O-1381 Last Updated: 06/3/20 Sec. 16-18P.011(3).

1 5' min. supplemental zones for either 1) streets classified as an 'A' street in Attachment C Street Typology, which by this reference is incorporated into and made a part of this chapter; or having street fronting, sidewalk level residential units; otherwise no supplemental zone is required.

SECTION 29: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18P (SPI-16 Midtown Special Public Interest District Regulations), Section 16-18P.018 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18P.018. - Dumpster and loading areas, loading dock entrances and building mechanical and accessory features. 1. Dumpsters and trash areas. Dumpsters and trash areas shall be screened so as not to be visible from any public plaza, outdoor dining area, public sidewalk or public right-of-way and if otherwise visible shall be enclosed with opaque walls six feet in height. 2. Loading areas. a. Loading areas shall be screened so as not to be visible from any public plaza, outdoor dining area, public sidewalk or public right-of-way with the exception of hotel uses. Hotel uses may utilize on-street loading if orientated predominately parallel to the adjacent right-of-way and located fully outside any existing public driving lane and at least partially on private property at a maximum length of 60 feet as permitted by the Ddepartment of Public Works transportation. b. Loading dock entrances shall be screened so that loading docks and related activity are not visible from the public right-of-way when not in use. 3. Building mechanical and accessory features. Shall be in the location of least visibility from the public right-of-way. If located to the side or rear of the principal structure, screening with plant or fence materials shall be required. When located on rooftops, said features shall be incorporated in the design of the building and/or screened with building materials similar to those of the building.

SECTION 30: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18P (SPI-16 Midtown Special Public Interest District Regulations), Section 16-18P.019 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18P.019. - Curb cuts and parking structures. 1. Sidewalks at curbcuts and driveways. All sidewalk paving materials shall be continued across any intervening driveway. On each side of such continuous sidewalk a band of textured concrete shall be provided located both in-line with and equal in width to the street furniture zone and in-line with the supplemental zone or building façade at a minimum five feet width. 2. Curbcut restrictions. No vehicular entrances to properties with frontage on the east side of Peachtree Street shall be located on other public streets which connect Peachtree Street to the Ansley Park neighborhood. Otherwise, except for hotel uses, curb cuts shall be allowed only as follows: a. For a parcel with only one street frontage: maximum one curbcut.

20-O-1381 Last Updated: 06/3/20 b. For a parcel with two or more street frontages: maximum two curbcuts, both located on the lesser classified street(s) according to Attachment C Street Typology Map. If the two streets have the same classification such curbcut(s) may be on either street. 3. Curbcut widths: Curb cuts shall be limited in width at the sidewalk to 12 feet for one-way entrances and 24 feet for two-way entrances, unless a greater width is approved by the Ddepartment of Public Works transportation upon its finding of necessity of such a greater width. 4. Driveway and vehicular services configuration. a. Driveways shall be predominately perpendicular to any adjacent street, except for hotel uses which may have circular drives for the purpose of drop-off and pick-up. Driveways parallel to the street are prohibited between the street and a building. b. Gasoline fuel dispenser structures and associated vehicular services such as air pumps and car washes shall not be located between a building and the street. c. Drive-through and drive-in facilities shall be prohibited. 5. Drop-off lanes. No drop-off lanes shall be permitted along public streets except for hotel uses as approved by the Ddepartment of Public Works transporation. 6. Parking orientation. Entrances to garages and carports that serve one or more contiguous sidewalk- level residential units only shall share one common drive with any garages and carports facing rear or side yards having no street frontage. 7. Parking structure public screening. In addition to section 16-28.028, parking structures shall have the following additional requirements: a. At a height of 20 feet or less above finished grade which faces any public or private street shall meet section 16-18P.014(3)(b) to provide an intervening building having conditioned habitable space along the length of such parking structure; b. At a height of 20 feet or more above finished grade which faces any public or private street shall provide either: i. An intervening building at average depth of 20 feet having conditioned habitable space along the length of such parking structure; or ii. All openings of the parking structure shall be fully screened from view from adjacent public or private streets so that cars, sloped ramps, and interior deck lighting are not visible from adjacent streets. In addition, along type A streets, the façade design of said parking structure shall be compatible with the principal building in terms of architectural style, texture, quality and material; and c. Side or rear yard facing parking deck façades that are exposed and visible from a public street, shall screen such visible portions of the parking deck utilizing the parking deck screening regulations provided in section 16-28.028(1)(b)(ii). 8. Parking structure buffers. Along all non-street facing sides of parking structures a minimum ten feet wide continuous landscaped strip shall be provided between the structure and the property line(s). This landscaped strip shall be planted with a combination of trees and evergreen ground cover such as mondo grass, liriope species, ivy or shrubs with all plantings to be approved by the city arborist. 9. Public parking signage. Parking facilities providing either public parking spaces or more than 50 park-for-hire parking spaces shall provide standard signage indicating public parking in accordance with the Midtown standard in coordination with the City of Atlanta.

20-O-1381 Last Updated: 06/3/20 10. Shared access. Notwithstanding the provisions of section 16-28.006(10), a common or joint driveway may be authorized when adjacent lots have direct vehicular access to a publicly accessible street and a perpetual easement agreement is agreed upon by all affected property owners and included in the SAP application. 11. Pedestrian walkways from parking. All sidewalk level parking, including parking decks, shall have walkways a minimum width of four feet connecting such parking to the public sidewalks and to building entrances.

SECTION 31: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18P (SPI-16 Midtown Special Public Interest District Regulations), Section. 16-18P.020 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18P.020. - Vehicular off-street parking requirements. In addition to the provisions of section 16-28.008(7), sections 16-28.013 and 16-28.014), the vehicular parking requirements set forth in Table 7: SPI-16 Off Street Parking Requirements shall apply and are further subject to subsections 1 through 6 below: Table 7: SPI-16 Vehicular Off-Street Parking Requirements Use Minimum Spaces Maximum Spaces Banks, business colleges, None 6.5 / 1,000 s.f. clubs & lodges, printing. Dorms, fraternities, None 1.0 per each 2 bedrooms sororities Eating & Drinking 1 / 300 s.f. 8.0/ 1,000 s.f. Establishments -Indoor and Outdoor (east of Juniper) Medical Office None 4.5 / 1,000 s.f. Nursing homes, None 1.0 per each 4 bedrooms convalescent homes, and similar care facilities Office None 2.0 / 1,000 s.f. (may be shared with other uses) Residential None 1.25 per 1 bedroom and 2.25 per 2+ bedrooms Retail (east of Juniper) 1 / 300 s.f. 6.5 / 1,000 s.f. Shelter 1 per each on-duty staff 1 each for first 2 bedrooms, member, plus 1.0 / 2,000 s.f. plus 0.5 for each of 3 or more bedrooms plus 1/3 for each dwelling unit Other non-residential uses None 3.5 / 1,000 s.f. except as specified in part 5 below. All non-residential greater Must provide a transportation than 25,000 sf management plan (TMP) including commitment of

20-O-1381 Last Updated: 06/3/20 TMA support.

Note: All zero emission, car share or carpool/vanpool (or similar) spaces shall not count toward the above parking criteria. 1. Off-street surface parking. a. Shall not be located closer to a street than any on-site building façade and shall not occupy more than 50 percent of any street frontage parcel length; b. Shall be prohibited from being located within 30 feet of the back of the public sidewalk located along an "A" classified street. c. Shall be accessory to a permitted principal use only, provided that parking spaces serving another principal permitted use may use such facility for shared parking as specified in section 16-18P.020(5) below. d. Park-for-hire surface parking lot(s) as a principal use are prohibited. 2. Parking structures. Parking spaces provided in excess of the parking requirements of this section 16- 18P.020 shall only be allowed as park-for-hire spaces located within a parking structure. Said excess spaces shall be considered a principal use and shall first require a special use permit as authorized in section 16-18P.005. Otherwise, when the number of parking spaces does not exceed the requirements of this section, said spaces shall be permitted to be used as park-for-hire parking decks without a special use permit. 3. Electric vehicle charging stations. All parking facilities shall include electric vehicle charging stations, or similar alternative fuel facilities, in a ratio of at least one station for every 100 automobile parking spaces to a maximum of 12 stations. 4. For specific non-residential uses. a. Child care centers, day care centers, pre-kindergartens, play and other special schools or day care centers for young children: Such establishments shall provide safe and convenient facilities for loading and unloading children, as approved by the Ddepartment of Public Works transportation. b. Schools, colleges, churches, recreation or community centers and other places of assembly. A minimum of one space for each six fixed seats with 18 inches if bench length counted as one seat or one space for each 50 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the following maximums: i. Public or private elementary or middle school: Two spaces for each classroom. ii. High school. Four spaces for each classroom. iii. Colleges and universities: Eight spaces for each classroom. 5. Parking, lighting, security, landscaping and maintenance. All surface parking lots and structures, whether a nonconforming principle use or accessory use, shall meet the following requirements: a. Lighting shall be provided throughout all parking facilities to equal a minimum of one-half footcandle of light. For parking structures at points of ingress and egress such lighting shall be a minimum of one footcandle of light. Where applicable, public street and other ambient lighting may be utilized to either partially or totally fulfill these lighting requirements; however, if removed it shall be required to independently provide these required levels of illumination.

20-O-1381 Last Updated: 06/3/20 b. Surface parking lots: The requirements of City of Atlanta Chapter 158 Vegetation, Article II Tree Protection, Section 30 Parking lot requirements shall apply to this district regardless of the size of the lot. c. Parking facilities shall be maintained in a clean, safe and sanitary condition with parking spaces and driving lanes clearly defined and maintained. See also section 16-28.014 for additional requirements.

SECTION 32: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18Q (SPI-17 Piedmont Avenue Special Public Interest District Regulations), Section 16-18Q.018 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18Q.018. - Curb cuts and parking structures. 1. Driveways shall have a band of textured concrete adjacent to the street which is in-line with and equal in width to the street furniture zone and shall have a textured band of concrete adjacent to the sidewalk which is in-line with and equal in width to the supplemental zone. 2. Except as authorized in section 16-18Q.018(4), and in section 16-18Q.011(2), no more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have two curb cuts. 3. Driveway and curb cuts shall be limited to one-way entrances a width of 12 feet or two-way entrances a width of 24 feet, unless otherwise permitted by the commissioner of the department of public Works transportatioon. 4. No circular drives shall be located between any building and any public street with the exception of hotels. 5. Curb cuts and driveways shall not be permitted on Piedmont Avenue when access may be provided from a side or rear street located immediately adjacent to a contiguous property, with the exception of hotel patron drop-off drives. 6. Unless authorized by section 16-18Q.018(4), driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street. 7. Entrances to garages and carports that serve a single residential unit shall face the rear yard, or a side yard which has no street frontage. 8. All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas. 9. Parking deck façades shall conceal automobiles from visibility from any public right-of-way or private drive or street that are open to the general public, and shall have the appearance of a horizontal storied building. 10. In addition to section 16-28.028, parking deck façades shall have the appearance of a horizontal storied building. 11. Notwithstanding the provisions of section 16-28.006(10), a common or joint driveway may be authorized by the director of the bureau of planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the bureau of planning, based on traffic considerations, when a perpetual easement agreement

20-O-1381 Last Updated: 06/3/20 is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning. 12. All developments, including parking decks, shall have sidewalks a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See also section 16-18Q.020. 13. No drop-off lanes shall be permitted along public streets. 14. Parking decks shall meet either the requirements of section 16-18Q.013(5) and section 16- 18Q.013(9) except at ingress and egress points into the structure and when topographical conditions prevent such treatment.

SECTION 33: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18Q (SPI-17 Piedmont Avenue Special Public Interest District Regulations), Section 16-18Q.021 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18Q.021. - Off-street parking requirements. In addition to the provisions of section 16-28.008(7), which shall apply and are incorporated herein, the following parking requirements shall apply to all uses approved by special permits as well as permitted uses. (See also sections 16-28.013 and 16-28.014): 1. Off-street surface parking. a. Shall not be located between a building and the street without an intervening building; b. Shall be accessory to a permitted principal use only, provided that parking spaces serving another principal permitted use may use such facility for shared parking as specified in section 16-18Q.007(3); c. Shall be permitted to be constructed of pervious concrete utilizing pervious concrete standards established by the commissioner of the department of public works transportation. 2. Electric vehicle charging stations. All automobile parking facilities shall include electric vehicle charging stations, or similar facilities, in a ratio of at least one station for every 100 automobile parking spaces. No development shall be required to exceed a maximum of 12 stations. 3. For residential uses. a. Bed and breakfast inn: A minimum of 0.5 spaces per rental room plus one space per owner/manager less than half a mile from a transit station, otherwise a minimum of 0.75 spaces per rental room plus one space per owner/manager. b. All other residential uses: See Table I, "Land Use Intensity Ratios", for minimum parking requirements under appropriate FAR for the development. 4. Single room occupancy residence. One parking space for each four dwelling units, plus one space for each employee, shall be provided on the site. 5. For nonresidential uses minimum requirements unless otherwise stated: a. Banks, savings and loan institutions, and the like: One space for each 200 square feet of floor area. b. Child care centers, day care centers, prekindergartens, play and other special schools or day care centers for young children. One space per 600 square feet of floor area. In addition to providing off-

20-O-1381 Last Updated: 06/3/20 street parking, such establishments shall provide safe and convenient facilities for loading and unloading children, as approved by the director commissioner of the bureau of public works department of transportation. c. Clubs, lodges and commercial recreational establishments. One space for each 200 square feet of floor area. d. Eating and drinking establishments indoor minimum requirements. One space for each 100 square feet of floor area. Where an eating and drinking establishment derives more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits, it shall be required to have one space for each 75 square feet of floor area. Floor area shall include, in addition to those areas defined in section 16-29.001(13)(b), areas within the existing building footprint where walls have been removed and a permanent roof remains. e. Eating and drinking establishments accessory outdoor dining which is 25 percent or less than the total gross floor area of the building or business, and is not covered with a permanent structure: None. f. Eating and drinking establishments accessory outdoor dining which exceeds 25 percent of the total gross floor area of the building or business shall have the following minimum requirements: One space for each 200 square feet of the total accessory outdoor dining floor area including the 25 percent non- exempt floor area. g. Hotels and motels. One space per rental unit plus one-half space per employee; one space per 100 square feet of restaurant/lounge gross leasable area; one space per 300 square feet of other convention facilities (GLA). h. Laundry and dry cleaning plants, laundry and dry cleaning establishments where customers operate equipment. One space for each 200 square feet of floor area. i. Repair establishments for home appliances, bicycles, shoes, clocks and similar household goods. One space for each 200 square feet of floor area. j. Retail establishments, including catering, clothing and tailor shops, delicatessen and bakeries, but not other uses, minimum requirements. One space for each 200 square feet of floor area. k. Schools, colleges, churches, recreation or community centers and other places of assembly. One space for each four fixed seats (with 18 inches if bench length counted as one seat or one space for each 35 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the following: i. Public or private elementary or middle school. Two spaces for each classroom. ii. High school. Four spaces for each classroom. iii. Colleges and universities. Eight spaces for each classroom. l. For all other nonresidential uses. One parking space for each 300 square feet of floor area shall be provided on the site. 6. Notwithstanding any provision of the City of Atlanta Code of Ordinances to the contrary, park-for- hire surface parking lots are prohibited.

SECTION 34: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18R (SPI-18 Mechanicsville Neighborhood Special Public Interest District Regulations), Section 16-18R.017 be

20-O-1381 Last Updated: 06/3/20 amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18R.017. - Driveway curb cuts, driveways and parking structures. 1. Driveway curb cuts: a. All sidewalk paving materials shall be continued across any intervening driveway curb cut at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. b. Shall be a maximum of 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of public works transportation. c. Maximum permitted number of driveway curb cuts for each development, subject to the provisions of section 16-25.002(3): i. Developments with only one street frontage, which is less than 300 feet in length: one; ii. Developments with only one street frontage, which is greater than 300 feet in length: two; iii. Developments with more than one street frontage: one located on each street frontage, provided that curb cuts shall not be permitted on arterial or collector streets when access may be provided on other streets with adjacent land uses similar to that of the subject property. iv. For the purposes of this Section, two curb cuts serving two one-way driveways shall only be counted as one curb cut. d. Shall not be permitted on any street that functions as an arterial street or collector street when access may be provided from a side or rear street located immediately adjacent to a contiguous property, with the exception of hotel patron drop-off drives. 2. Driveways: a. No circular drives shall be located between any building and any public street with the exception of hotels, childcare centers, kindergartens, and special schools subject to the provisions in section 16- 25.002(3). b. Unless authorized by section 16-18R.017(2)(a), driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street. c. All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas. d. Independent driveways are not required when access is provided to a private alley. For single and two-family dwellings independent driveways are not required. e. Private alley shall be defined as a minimum of 24 feet wide mid-block access easement connecting two streets, having a minimum of eight feet wide paved area, adjacent to single and two family uses and 24 feet paved area for all other uses. Parking is not permitted in the alley. Where garage doors or parking areas are set back from the alley, its width may be reduced to 20 feet, provided 24 feet exists between parking areas or garage doors. f. Notwithstanding the provisions of section 16-28.006(10), a common or joint driveway may be authorized by the director of the bureau of planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the bureau of planning, based on traffic considerations, when a perpetual easement agreement

20-O-1381 Last Updated: 06/3/20 is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning. 3. Parking structures: In addition to section 16-28.028, the following regulations shall apply: a. Shall have the appearance of a horizontal storied building. c. Shall meet the active use requirements of section 16-18R.012(2); or d. When topographical conditions prevent the parking deck treatment requirements of section 16- 18R.012(2) from being met, a continuous minimum five feet wide landscaped strip shall be provided between the structure and the public sidewalk, except at ingress and egress points into the structure. The landscaped strip shall be planted with street trees spaced a maximum distance of 20 feet on center, which shall also meet the tree requirements in section 16-18R.010. The landscape strip shall also be planted with evergreen ground cover such as mondo grass, liriope spicata, ivy or evergreen shrubs with a maximum mature height of 24 inches. All plantings, planting replacement and planting removal shall be approved by the city arborist. 4. [Entrances to garages and carports that serve a single residential unit.] Entrances to garages and carports that serve a single residential unit, and which are located less than 20 feet behind the building façade of the principal structure, shall face the rear yard or a side yard which has no street frontage. 5. [All developments, including parking decks.] All developments, including parking decks, shall have walkways a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See section 16-18R.019, minimum landscaping for parking lots and barrier requirements. 6. No drop-off lanes shall be permitted along public streets. Where on-street parking is provided, certain parking spaces may be utilized as drop-off lanes, when permitted by the commissioner of public works transportation.

SECTION 35: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18R (SPI-18 Mechanicsville Neighborhood Special Public Interest District Regulations), Section 16-18R.021 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18R.021. - Off-street parking requirements. In addition to the provisions of section 16-28.008(7), which shall apply and are incorporated herein, the following parking requirements shall apply to all uses approved by special permits as well as permitted uses. See also sections 16-28.013 and 16-28.014: 1. Off-street surface parking: a. Shall not be located between a building and the street without an intervening building; b. Shall be accessory to a permitted principal use only, provided that parking spaces serving another principal permitted use may use such facility for shared parking as specified in section 16-18R.021(5) below. 2. For office uses: a. A maximum of two and one-half spaces for each 1,000 square feet of floor area. Parking during off- peak hours (after 6:00 p.m.) may be shared for other uses as permitted in section 16-18R.021(5);

20-O-1381 Last Updated: 06/3/20 b. All office developments over 100,000 square feet shall reserve and designate at least five percent of the employee parking spaces "Carpool Only." Carpool spaces shall be used only by carpool vehicles in which at least two of the persons are employees or tenants of the building. Such spaces shall be located near the building's employee entrance or other preferable locations within the employee parking areas as approved by the director of the bureau of traffic and department of transportation; and c. All new parking structures shall be built to accommodate vanpool access. The minimum ceiling height for vanpools is eight feet two inches. 3. For residential uses: a. Minimum parking requirements: i. Multi-family: As specified in Table 1, "Land Use Intensity Ratios" under appropriate FAR for the development. ii. Single and two-family: None. b. Maximum parking spaces: i. For resident parking, one parking space per bedroom for up to two bedrooms and one-half parking space for each bedroom unit of three and above may be provided per dwelling unit. ii. For visitor parking, one-third parking space per dwelling unit may be provided. 4. For non-residential uses: a. Subarea 10 east of Ira Street and North of Glenn Street: Items "B" through "P" below notwithstanding, no more than one off-street parking space shall be provided for non-residential uses. b. Banks, savings and loan institutions, and the like: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area. c. Business colleges, trade schools, conservatories, dancing schools, and the like: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area. d. Child care centers, day care centers, pre-kindergartens, play and other special schools or day care centers for young children: A minimum of one space for each 600 square feet of floor area and a maximum of two and one-half spaces for each 600 square feet of floor area. In addition to providing off- street parking, such establishments shall provide safe and convenient facilities for loading and unloading children, as approved by the director commissioner of the bureau of public works department of transportation. e. Clubs, lodges, and commercial recreational establishments: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area. f. Dormitories, fraternity houses and sorority houses. One space for two beds plus one space for each 200 square feet of floor area designated or occupied other than for sleeping purposes. g. Eating and drinking establishments: i. Indoor requirements: A minimum of one space for each 100 square feet of floor area and a maximum of three spaces for each 100 square feet of floor area;

20-O-1381 Last Updated: 06/3/20 ii. Accessory outdoor dining which is 25 percent or less than the total gross floor area of the building or business, and is not covered with a permanent structure: A maximum of one and three-fourths spaces for each 100 square feet of floor area. iii. Accessory outdoor dining which exceeds 25 percent of the total gross floor area of the building or business shall have the following minimum requirements: A minimum of one space for each 100 square feet area and a maximum of one and three-fourths spaces for each 100 square feet of the total accessory outdoor dining floor area including the 25 percent non-exempt floor area. h. Fraternities, sororities: One space for two beds plus a minimum of one space for each 200 square feet of floor area and a maximum of two and one-half space for each 200 square feet of floor area designated or occupied other than for sleeping purposes. i. Hotels and motels: A minimum of one space for each 600 square feet of floor area and a maximum of two and one-half spaces for each 600 square feet of floor area. j. Nursing homes, personal care homes, assisted living facilities, and rehabilitation centers: A maximum of one space for four beds. k. Printing shops: A minimum of one space for each 200 square feet of floor area and a maximum of two and one-half spaces for each 200 square feet of floor area. l. Retail establishments, including bakeries, delicatessens, catering, clothing and tailor shops: A minimum of one space for each 300 square feet of floor area and a maximum of two and one-half spaces for each 300 square feet of floor area. m. Schools, colleges, churches, recreation or community centers and other places of assembly: One space for each four fixed seats (with 18 inches if bench length counted as one seat) or one space for each 35 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the following: i. Public or private elementary or middle school: A maximum of two spaces for each classroom. ii. High school: A maximum of four spaces for each classroom. iii. Colleges and universities: A maximum of eight spaces for each classroom. n. For all other non-residential uses: A minimum of one parking space for each 300 square feet of floor area shall be provided on the site and a maximum of two spaces for each 300 square feet of floor area. o. Shelter: One parking space for each on duty staff member, whether paid or unpaid. In addition to staff parking, a space of sufficient size is required for each van, bus or other vehicle used by the facility and one additional parking space shall be provided for each 2,000 square feet of the facility. 5. Reduction or transfer of parking requirements: The director of the bureau of planning may reduce parking requirements only upon a determination that shared or off-site parking arrangements may be permitted by the director of the bureau of planning subject to the following criteria: a. The character or use of the building is such as to make unnecessary the full provisions of parking facilities; or b. That the applicant has established a valid shared or off-site parking arrangement. Said shared or off- site parking arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access. Additionally, all shared or off-site parking spaces shall be clearly marked and signed as reserved during specified hours. An applicant shall submit the following information

20-O-1381 Last Updated: 06/3/20 establishing conformance to the above criteria in order to share or transfer parking requirements and avoid conflicting parking demands: i. A to-scale map indicating location of all proposed parking spaces; ii. Indicate hours of business operation(s); iii. Written consent of all property owners agreeing to the shared or off-site parking arrangement; iv. Copies of parking leases for shared or off-site parking arrangements. Renewed leases shall be provided to the director of the bureau of planning. Lack of a current lease shall automatically terminate the special exception authorization. 6. Notwithstanding any provision of the City of Atlanta Code of Ordinances to the contrary, park-for- hire surface parking lots are prohibited. Accessory parking decks built to satisfy the parking requirements of this section shall be permitted to be used as park-for-hire parking decks. Park-for-hire parking decks built to provide parking spaces in excess of the parking requirements of this section 16- 18R.021 shall only be permitted as a primary use through the special permit process as authorized in section 16-18R.005. Existing surface parking lots accessory to non-residential principal uses as of 6/1/2013 may be used for park-for-hire operations during events at Turner Field. Said operations shall be accessory to the principal use and shall only be permitted where such park-for-hire operation possesses: a. A valid business license; and b. A park-for-hire permit authorized by Article XVII of Chapter 30 of the Atlanta City Code.

SECTION 36: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18T (SPI-20 Greenbriar Special Public Interest District Regulations), Section 16-18T.011 “Site limitations” be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18T.011. - Site limitations. 1. Minimum building façade heights: Buildings shall have a minimum façade height along each façade adjacent to any sidewalk or supplemental zone as shown in Table SPI-20 Greenbriar - Development Controls and Site Limitations. 2. Maximum building heights: In addition to the requirements of transitional height planes specified in Section 16-18T.009(2), buildings shall have a maximum height as shown in Table SPI-20 Greenbriar - Development Controls and Site Limitations. 3. New development or redevelopment proposing to contain an entire block face greater than six hundred (600) feet in length shall be traversed by streets which create block faces no more than four hundred (400) feet in length, except when topographical conditions prevent the introduction of new streets as required, or to allow new streets to coincide with an existing street grid. For the purposes of this chapter, a block face shall be measured from the back of sidewalk clear zones or required supplemental zones. Such streets shall function as public streets and shall connect two (2) other public streets or private streets that meet the requirements of Section 16-18T.010(8). 4. Requirement for continuation of existing street network: Properties adjacent to the right-of-way of existing public streets which dead-end or cul-de-sac shall provide a street connection to the existing right-of-way and shall meet the requirements of Section 16-18T.010(8) and Section 16-18T.012, unless

20-O-1381 Last Updated: 06/3/20 existing site topography does not permit such a connection to be made as determined by the Ccommissioner of the Ddepartment of Public Works transportation, or his/her designee.

SECTION 37: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18T (SPI-20 Greenbriar Special Public Interest District Regulations), Section 16-18T.019 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18T.019. - Curb cuts and parking structures. 1. All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. 2. For mixed-use, commercial, and multi-family residential development (excluding townhouses), driveways shall have a band of textured concrete adjacent to the street that is in-line with and equal in width to the street furniture zone and shall have a textured band of concrete adjacent to the sidewalk which is in-line with the supplemental zone and a minimum width of five (5) feet from the sidewalk. 3. Driveway and curb cut widths shall be a maximum of twenty-four (24) feet for two-way entrances and twelve (12) feet for one-way entrances, unless otherwise permitted by the Ccommissioner of Public Works transportation. 4. No circular drives shall be located between any building and any public street with the exception of hotels, childcare facilities, kindergartens, and special schools. 5. Curb cuts and driveways shall not be permitted on any street that functions as an arterial street or collector street when access may be provided from a side or rear street located immediately adjacent to a contiguous property, with the exception of hotel patron drop-off drives. 6. Unless authorized by Section 16-18T.019(4), driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street. 7. No more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have one curb cut located on each street frontage. 8. Entrances to garages and carports that serve a single residential unit shall face the rear yard or a side yard that has no street frontage, or shall have a front yard setback of at least 50 percent of the property depth. 9. All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas. 10. Parking deck façades shall conceal automobiles from visibility from any public right-of-way or private drive or street that are open to the general public, and shall have the appearance of a horizontal storied building. 11. Notwithstanding the provisions of Section 16-28.006(10), a common or joint driveway may be authorized by the Director of the Bureau of Planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the Bureau of Planning, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the Bureau of Planning.

20-O-1381 Last Updated: 06/3/20 12. All developments, including parking decks, shall have sidewalks a minimum width of four (4) feet connecting ground level parking to the public sidewalks and to all building entrances. See Section 16- 18T.021, Minimum Landscaping for Parking Lots, Barrier Requirements. 13. No drop-off lanes shall be permitted along public streets.

SECTION 38: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18U (SPI-21 Historic West End/Adair Park Special Public Interest District Regulations), Section 16-18U.013 “Site limitations” be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18U.013. - Site limitations. 1. Minimum building façade heights: Buildings shall have a minimum façade height along each façade adjacent (within 30 feet) to any sidewalk or supplemental zone as shown in Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations. 2. Maximum building heights: In addition to the requirements of transitional height planes specified in section 16-18U.011(2), buildings shall have a maximum height as shown in Table SPI-21 Historic West End/Adair Park - Development Controls and Site Limitations. 3. As indicated in Table SPI-21 Historic West End/Adair Park - Maximum Block Lengths, new development proposing to contain an entire block face greater than 800 feet in length shall be traversed by streets that create block faces no more than the indicated Maximum Block Length, except when topographical conditions prevent the introduction of new streets as required, or to allow new streets to coincide with an existing street grid. For the purposes of this chapter, a block face shall be measured from the back of sidewalk clear zones or required supplemental zones. Such streets shall function as public streets and shall connect two other public streets or private streets that meet the requirements of section 16-18U.012(8). 4. Requirement for continuation of existing street network: Properties adjacent to the right-of-way of existing public streets which dead-end or cul-de-sac shall provide a street connection to that existing right-of-way and shall meet the requirements of section 16-18U.012(8) and section 16-18O.014, unless existing site topography does not permit such a connection to be made as determined by the commissioner of the department of public works transportation, or his/her designee. TABLE SPI-21 HISTORIC WEST END/ADAIR PARK-MAXIMUM BLOCK LENGTHS SUBAREAS 1: Village Center 2: 5: Village Center Residential 8: Institutional/AUC 9: Commercial Core 3: RDA 6: Medium Density Adair Park Live/Work Corridor 4: Neighborhood Residential 7:Smaller Lot 10: Candler District Commercial Single-family

1 2 3 4 5 6 7 8 9 10 Maximum Block Length, in feet 600 600 600 600 600 600 600 None 600 None

SECTION 39: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18U (SPI-21 Historic West End/Adair Park Special Public Interest District Regulations), Section 16-18U.021 be amended

20-O-1381 Last Updated: 06/3/20 such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18U.021. - Curb cuts, driveways, drive-through lanes, and parking structures. 1. All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. 2. Driveways shall have a band of textured concrete adjacent to the street that is in-line with and equal in width to the street furniture zone and shall have a textured band of concrete adjacent to the sidewalk which is in-line with the supplemental zone and a minimum width of five feet from the sidewalk. 3. In Subareas 1-8, driveway and curb cut widths shall be 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of public works the department of transportation. 4. No circular drives shall be located between any building and any public street with the exception of hotels. 5. Drive-through service lanes, when permitted, shall not be located between any building and the sidewalk. 6. Curb cuts and driveways shall not be permitted on any street that functions as an arterial street or collector street when access may be provided from a side or rear street located immediately adjacent to a contiguous property, with the exception of hotel patron drop-off drives. 7. In Subareas 1-9, unless authorized by section 16-18U.021(4), driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street. 8. No more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have one curb cut located on each street frontage. 9. Entrances to garages and carports that serve a single residential unit shall face the rear yard, or a side yard that has no street frontage. 10. In Subareas 1-9, all contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas. 11. In addition to section 16-28.028, parking deck façades shall have the appearance of a horizontal storied building. 12. Notwithstanding the provisions of Section 16-28.006(10), a common or joint driveway may be authorized by the director of the bureau of planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the bureau of planning, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning. 13. All developments, including parking decks, shall have sidewalks a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See Section 16- 18U.023, Minimum Landscaping for Parking Lots, Barrier Requirements. 14. No drop-off lanes shall be permitted along public streets.

20-O-1381 Last Updated: 06/3/20 SECTION 40: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18V (SPI-22 Memorial Drive/Oakland Cemetery Special Public Interest District Regulations), Section 16-18V.015 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18V.015. - Driveway curb cuts, driveways and parking structures. 1. Driveway curb cuts: a. Shall be a maximum of 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of public works. b. Shall not be permitted on any street that functions at the location on the right-of-way in question as an arterial street or collector street when access may be provided from a local street with the exception of hotels and hospitals. c. All sidewalk paving materials shall be continued across any intervening driveway curb cut at the same prevailing grade and cross slope as the adjacent sidewalk clear zone. d. Shall have a band of textured concrete adjacent to the street which is in-line and equal in width to the street furniture zone and shall have a textured band of concrete adjacent to the back of that sidewalk and in-line with the supplemental zone of a minimum width of five feet. e. Maximum permitted number of driveway curb cuts for each development, subject to the provisions of subsection 16-25.002(3): i. Developments with only one street frontage, which is less than 300 feet in length: One. ii. Developments with only one street frontage, which is greater than or equal to 300 feet in length: Two. iii. Developments with more than one street frontage: One located on each street frontage, with the exceptions as indicated in subsection 16-18V.015(1)(b). iv. For the purposes of this section, two curb cuts serving two one-way driveways shall only be counted as one curb cut. 2. Driveways: a. Driveways or circular drives, except to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street with the exception of hotels, hospitals, childcare centers, kindergartens and special schools, subject to provisions in subsection 16-25.002(3). b. Driveways that are outside the lot boundaries shall be permitted provided they are directly connected to a public street, subject to provisions in subsection 16-25.002(3). c. All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages and parking areas. d. Independent driveways are not required when access is provided to a private alley. For single and two-family dwellings independent driveways are not required. e. Notwithstanding the provisions of subsection 16-28.006(10), the director of the bureau of planning may authorize a common or joint driveway when adjacent lots have direct vehicular access to a street or a driveway from a private street which functions as a public street based on traffic considerations when a

20-O-1381 Last Updated: 06/3/20 perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning. 3. Parking structures, in addition to section 16-28.028, either principal or accessory use: when located immediately adjacent to any public right-of-way, public park, private street or adjacent R-1 through R-5, RLC, R-G, MR, PD-H or Grant Park Historic district: a. Shall have the appearance of a horizontal storied building on all levels. Said deck shall have an appearance similar to that of the adjoining or attached residential, commercial or mixed-use structure. c. See section 16-18V.016 for additional lighting requirements. d. Shall meet the active-use and façade treatment requirements as applicable in section 16-18V.011 unless topographic considerations render this requirement unreasonable. In such case, a continuous minimum five feet wide landscaped strip shall be provided between the structure and the public sidewalk, except at ingress and egress points into the structure. Said landscaped strip shall be planted with street trees spaced a maximum distance of 20 feet on center, which shall also meet the tree requirements in subsection 16-18V.009(5). The landscape strip shall also be planted with evergreen ground cover such as mondo grass, liriope spicata, ivy or evergreen shrubs with a maximum mature height of 24 inches. All plantings, planting replacement and planting removal shall be approved by the city arborist. e. Shall provide a continuous landscaped strip between the structure and property line located immediately adjacent to any public park, private street or adjacent R-1 through R-5, RLC, R-G, MR, PD-H or Grant Park Historic district to be planted as indicated above in subsection 16-18V.015(3)(d). 4. All developments, including parking decks, shall have walkways a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. 5. Entrances to garages and carports that serve a single residential unit, and which are located less than 20 feet behind the façade of the principal structure, shall face the rear yard or a side yard which has no street frontage. 6. Drop-off lanes: Where on-street parking is provided, certain parking spaces may be utilized as drop- off spaces, when permitted by the commissioner of public works transportation. Drop-off spaces or lanes are otherwise prohibited. 7. Drive-through service windows, drive-in facilities and associated queuing areas are permitted only when completely enclosed within a building or parking structure and subject to the active use requirement of subsection 16-18V.011(2) except at ingress and egress points. Such facilities shall also be limited to one drive-through or drive-in facility and one queuing lane. Drive-through facilities for eating and drinking establishments are not permitted.

SECTION 41: That Part III (Land Development Code), Part 16 (Zoning), Chapter 18V (SPI-22 Memorial Drive/Oakland Cemetery Special Public Interest District Regulations), Section 16-18V.019 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-18V.019. - Off-street parking requirements. 1. Off-street surface parking lots:

20-O-1381 Last Updated: 06/3/20 a. Shall not be located between a building and the street without an intervening building with the exception of the redevelopment of existing structures in Subarea 1. b. Parking facilities shall be accessory to a permitted principal use only, provided that parking spaces serving another principal permitted use may use such facility for shared parking during non-normal business hours by compliance with the SPI-22 Memorial Drive/Oakland Cemetery: Parking Table. 2. No portion of any parcel on which a building has been demolished, destroyed, or otherwise removed after the adoption of this ordinance shall be utilized for an independent primary park-for-hire surface parking lot. 3. The provisions of subsection 16-28.008(7) shall apply and are incorporated herein, the (following parking requirements shall apply as specified in the Memorial Drive/Oakland Cemetery: Parking Table. 4. Office uses, additional requirements: a. All office developments over 100,000 square feet shall reserve and designate at least five percent of the-parking spaces "Carpool Only." Carpool spaces shall be used only by carpool vehicles in which at least two of the persons are employees or tenants of the building. Such spaces shall be located near the building's employee entrance or other preferable locations within the employee parking areas as approved by the commissioner of public works transportation; and b. All new parking structures shall be built to accommodate vanpool access at entry level. The minimum ceiling height for vanpools is eight feet two inches. SPI-22 MEMORIAL DRIVE/OAKLAND CEMETERY: PARKING TABLE Use Minimum Parking Maximum Parking Allowed Requirement Banks/Financial 5.0 spaces per 1,000 sq. ft. 12.5 spaces per 1,000 sq. ft. Institutions Business/Commercial Schools Clubs & Lodges Printing Shops Childcare Centers Hotels 1.67 spaces per 1,000 sq. ft. 5.0 spaces per 1,000 sq. ft. and Motels Schools and colleges •1.0 space for each four 1.5 spaces for each four fixed Churches, recreation or fixed eats (with 18 inches if seats (with 18 inches if community centers and bench length counted as bench length counted as one other places of assembly one seat); or 1.0 space for seat); or 2.0 spaces for each each 35 sq. ft. of enclosed 35 sq. ft. of enclosed floor floor area for the area for the accommodation accommodation of movable of movable seats in the seats in the largest largest assembly room, assembly room, whichever whichever is greater. + is greater. •Public or •Public or private private elementary or elementary or middle middle school: 1.0 space school; 2.0 spaces per per classroom. •High classroom. •High school: school: 2.0 spaces per 4.0 spaces per classroom. classroom. Colleges and •Colleges and universities: universities: 4.0 spaces per 8.0 spaces per classroom.

20-O-1381 Last Updated: 06/3/20 classroom. Dormitories, Fraternities 0.5 spaces for each 1.0 space per bedroom up to and Sororities bedroom +2.5 spaces per two bedrooms + ½ space for 1,000 sq. ft. common areas. each bedroom unit three or more + 5.0 spaces per 1,000 sq. ft. common areas. Eating and Drinking •Subareas 1 & 2: 2.5 spaces 7.0 spaces per 1,000 sq. ft. Establishments •Indoor per 1,000 sq. ft. •Subareas Dining or •Covered 3 & 4: 4.0 spaces per 1,000 Outdoor Dining sq. ft. or 2.5 spaces per 1,000 square feet when located in a mixed-use building. Eating and Drinking •Subareas 1 & 2: 1.5 spaces 7.0 spaces per 1,000 sq. ft. Establishments •Uncovered per 1,000 sq. ft. or none. 2 Outdoor Dining •Subareas 3 & 4: 3.0 spaces per 1,000 sq. ft. or 1.5 spaces per 1,000 square feet when located in a mixed-use building or none. 2 Nursing homes, personal 1.0 space per four beds 2.5 spaces per four beds care homes, assisted living facilities, and rehabilitation centers Office (also subject to •Subareas 1, 2, & 3: None •3.5 spaces per 1,000 sq. ft. Section 16-18V.019(4)) •Subarea 4: 3.0 spaces per within Transit Station Area 1,000 sq. ft. •4.0 spaces per 1,000 sq. ft. outside Transit Station Area Residential None 1.0 space per bedroom up to two bedrooms + ½ space for each bedroom unit three or more + 1/3 space per unit guest parking, not to exceed 10 spaces. Retail 1.67 spaces per 1,000 sq. ft. 5.0 spaces per 1,000 sq. ft. All other non-residential 1.67 spaces per 1,000 sq. ft. 4.0 spaces per 1,000 sq. ft. uses

1 Minimum parking requirements may be reduced provided a shared parking arrangement subject to 16- 18V.019(5). 2 There shall be no minimum parking requirement when uncovered outdoor dining is 25% or less than the total gross floor area of the said eating and drinking establishment. _____

20-O-1381 Last Updated: 06/3/20 5. Shared or off-site parking arrangements may be permitted by the Director of the Bureau of Planning subject to the following criteria: a. The arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access; b. All shared parking spaces shall be signed; c. An applicant shall submit the following: i. A to-scale map indicating location of proposed parking spaces; ii. Hours of business operation of non-residential parking users; iii. Written consent of property owners agreeing to the shared parking arrangement; iv. Copies of parking leases. Renewed leases shall be filed with the Bureau of Planning. Lapse of a required lease agreement shall terminate the Special Administrative permit for shared parking.

SECTION 42: That Part III (Land Development Code), Part 16 (Zoning), Chapter 19E (PD-CS Planned Development-Conservation Subdivision District Regulations), Section 16-19E.006 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-19E.006. - Site planning. Site planning within the districts shall provide protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences from within the development. (1) Principal vehicular access points: Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers and extra width of the approach street shall be required where existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside PD-CS districts in such a way as to encourage use of such minor streets by substantial amounts of through traffic. (2) Access for pedestrians and cyclists: Access for pedestrians and cyclists entering or leaving the PD- CS district shall be by safe and convenient routes. Such access need not be adjacent to, or limited to the vicinity of vehicular access points. Where there are crossings of pedestrian ways and vehicular routes at edges of planned developments, such crossings shall be safely marked and controlled; and where such ways are exposed to substantial vehicular traffic at edges of districts, safeguards may be required to prevent crossing except at designated points. (3) Protection of visibility for automotive traffic, cyclists and pedestrians: Protection of visibility for automotive traffic, cyclists and pedestrians shall be as generally provided at section 16-28.008(9) of the City of Atlanta Zoning Ordinance, "Visibility Clearance at Intersections." In addition, where there is pedestrian or bicycle access from within the development to a street at its edges by paths or across yards or other open space without a barrier to access to the street, no material impediment to visibility, as defined therein, shall be created or maintained within areas appropriate to the circumstances of the case, but in any event within a visibility triangle equivalent to that required at section 16-28.008(9). (4) Fences, walls or vegetative screening at edges of PD-CS districts: Fences, walls or vegetative screening at edges of PD-CS districts may be provided where needed to protect residents from

20-O-1381 Last Updated: 06/3/20 undesirable views, lighting, noise or other off-site influences, or to protect occupants of adjoining residential districts from similar adverse influences within the PD-CS district. In particular, extensive off-street parking areas and areas for storage and collection of refuse and garbage shall be screened. (5) Streets, drives, and parking: Streets, drives, and parking shall provide safe and convenient access to dwelling units for service and emergency vehicles. Streets shall not be so laid out as to occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the development into small blocks. Interior streets, whether intended for private ownership and maintenance or public dedication and use, shall be configured and constructed as required by the City of Atlanta Fire Marshal or Ddepartment of Public Works transportation. No interior streets shall be dedicated to the city, unless the streets meet all standards and approvals as required by the Ddepartment of Public Works transportation. (6) Internal relationships, site planning: The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures and for preservation of desirable natural features and minimum disturbance of natural topography. (7) Vehicular access to other streets or portions of streets: Vehicular access to other streets or portions of streets from off-street parking shall be so combined, limited, located, designed and controlled as to channel traffic from and to such areas conveniently, safely and in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interruption. (8) Ways for pedestrian and cyclists: Walkways shall be provided and shall form a logical, safe and convenient system for pedestrian access to all dwelling units, project facilities, and principal off-site pedestrian destinations. Walkways to be used by substantial numbers of children and routes to school or other destinations shall be so located and safeguarded as to minimize contact with normal automotive traffic. If substantial bicycle traffic is anticipated, bicycle paths shall be coordinated with the walkway system. Street crossings shall be held to a minimum on such walkways, shall be located and designed to promote safety, and shall be appropriately marked and otherwise safeguarded. (9) Water, Sanitary Sewer and Storm Water Utilities. All water, sanitary sewer and storm water utilities, whether intended for private ownership and maintenance or public dedication and use, shall be configured and constructed as required by the Department of Watershed Management. No water sanitary sewer or storm water utilities shall be dedicated to the city, unless such utilities meet all standards and approvals required by the Department of Watershed Management. (10) Infrastructure. Prior to the issuance of any building permit, all infrastructure, private or public, shown on approved site plans shall be installed.

SECTION 43: That That Part III (Land Development Code), Part 16 (Zoning), Chapter 19E (PD-CS Planned Development-Conservation Subdivision District Regulations), Section 16-19E.007 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-19E.007. - Application. All applicants seeking a rezoning to this district shall be required to submit an Existing Conditions Site Plan, a Conventional Subdivision Site Plan and a Conservation Subdivision Site Plan, as defined in this ordinance, for review and approval in conjunction with submitting a rezoning application. (1) All applicants shall be required to hold a pre-application meeting with representatives from the Ddepartment of Ccity Pplanning, Ddepartment of Wwatershed Mmanagement, and Ddepartment of

20-O-1381 Last Updated: 06/3/20 Public Works transportation and shall present a general location map, which may include an aerial photograph or similar depiction, for the purpose of reviewing procedures, requirements and preliminary assessment of the site for eligibility and feasibility for a conservation subdivision. This pre-application conference may occur in the same manner as provided in Sec. 15.07.005(c) of the City of Atlanta Zoning Ordinance. (2) Existing Conditions Site Plan. At the time of application for rezoning to a PD-CS district, applicant shall submit an Existing Conditions Site Plan, sealed by an engineer or landscape architect registered in the State of Georgia, designating the following site features and information based on a survey prepared by a Georgia licensed surveyor: (a) Property boundaries; (b) Topographic contours of no more than two-foot intervals; (c) Streams, lakes, rivers, waters of the State, 100-year floodplains, applicable buffers, and wetlands, including source information; (d) Identification of tree lines, natural woodland, open fields or meadows, and peaks or rock outcroppings; (e) Identification of scenic vistas, historic or archaeological sites, wildlife habitats or other significant environmental features; (f) Identification of steep slope areas, defined as slopes having a 2 horizontal to 1 vertical ratio or steeper; (g) Identification of greenspace, trails or public parks adjacent to the property subject to the rezoning application; (h) Identification of threatened or endangered plant species, as listed by the Georgia Department of Natural Resources; (i) General soil types and vegetation characteristics; (j) Existing roads, buildings, structures and utility easements; and (k) Identification of the locations of populations of endangered or threatened species, as designated pursuant to the Endangered Species Act, and habitats for such species. (3) Conventional Subdivision Site Plan. Using the inventory outlined in the Existing Conditions Site Plan, the applicant shall submit a layout of lots and street configuration as for a conventional subdivision allowed under the existing zoning of the parcel at the time of application. Said layout shall demonstrate the total number of feasible lots allowed on the parcel under the existing R zoning requirements. This shall be the maximum number of lots allowed for PD-CS zoning as required by section 16-19E.002(2) of this ordinance. The plan does not have to meet all the formal requirements for a conventional subdivision site design plan, but the design must be capable of being constructed given site features and all applicable zoning regulations. (4) Conservation Subdivision Site Plan. Using the inventory outlined in the Existing Conditions Site Plan, and applying any conservation subdivision design standards as may be specified by the Bureau of Planning, the applicant shall submit a conservation subdivision concept plan including the following information at a scale of no less than one inch equals 50 feet: (a) Greenspace indicating which areas are to be permanently protected;

20-O-1381 Last Updated: 06/3/20 (b) Boundaries of areas to be developed and proposed street and lot layout; (c) Number of lots proposed and an explanation of how this number was obtained, in accordance with section 16-19E.002(2) (d) Proposed locations of water supply, sewer lines, and stormwater management facilities and other above-ground or below-ground utilities located on parcel subject to the application, including a designation of whether such facilities are intended for private ownership and maintenance or public dedication and use; (e) Preliminary development envelopes showing all impervious surfaces including, but not limited to, paved areas, trails, buildings, grading, and lawns (if applicable); (f) Proposed methods for ownership, maintenance, and permanent protection of the greenspace; (g) Delineations of Primary and Secondary Greenspace labeled by type as described in Section 6 of this ordinance; (h) Designation of any connections of proposed greenspace to existing greenspace, trails, and public parks, located within 1,000 feet of the property line of the property subject to the rezoning application; (i) Potential connections with existing greenspace and trails; (j) Planned greenspace; and (k) Proposed street and lot layout. Amendments to an approved site plan for a PD-CS shall follow the procedures and requirements set forth in section 16-19.005 of the City of Atlanta Zoning Ordinance, general PD zoning districts. (5) Other requirements. Unless this ordinance specifically states otherwise, all PD-CS districts shall comply with all other applicable laws, specifically including without limitation the City of Atlanta Tree Ordinance, Section 158-26, et seq. and the City of Atlanta Stream Buffer Ordinance, Section 74-300, et seq.

SECTION 44: That Part III (Land Development Code), Part 16 (Zoning), Chapter 20 (HC Historic and Cultural Conservation Districts), Section 16-20.006 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-20.006. - Designations. (a) Preparation of Designation Ordinance: Upon the nomination by the commission of any building, site or district to any category of protection provided by this part, the director of the urban design commission, in consultation with the bureau of planning, shall prepare a proposed zoning designation amendment accomplishing the intent of the resolution of nomination. For proposed Landmark or Historic District(s) the ordinance shall include proposed detailed regulations to be applied and which may be designed to supplant or to modify any existing regulations, including regulations pertaining to the use of land, buildings or structures within the districts, including any and all subareas of the districts according to section 16-20.005 of the Code of Ordinances. Such regulations may be drafted to require, for a particular district or its subareas, if any, certificates of appropriateness in addition to those required in section 16-20.007 of the Code of Ordinances. Such regulations may be prepared with the advice and assistance of the owner or owners of all such properties within the district, neighborhood groups, historic preservation groups, or other organizations or individuals qualified by interest, training and

20-O-1381 Last Updated: 06/3/20 experience in achieving the objectives set forth in this chapter. The director shall present this proposed ordinance to the chair of the zoning committee for consideration. (b) Zoning Committee Action: Upon receipt of a resolution of nomination and proposed designation legislation, the zoning committee shall proceed at or before its next regular meeting to act upon the proposed designation ordinance. The zoning committee may, by majority vote, modify any nomination by the urban design commission to another category provided that the reasons for such modification by the zoning committee shall be made a part of the record of the committee proceedings. The proposed designation ordinance, along with supporting documentation, shall then be presented by the chair of the zoning committee at the next regular meeting of the city council at which time said proposed ordinance shall be referred to the zoning review board for public hearing. (c) Public Hearing: (1) A public hearing on each proposed designation ordinance, except for Conservation Districts, shall be held by the zoning review board. Since the adoption by the city council and approval by the mayor of an ordinance that designates a building, site or district to any category of protection provided in this part except Conservation Districts is a zoning action which establishes either (1) an overlay zoning district with accompanying district regulations and map or (2) an overlay zoning regulation, notice as is provided in this chapter shall be followed for all such designation actions; provided however, that designation of Conservation Districts, and interim protection(s) afforded any property or properties pursuant to section 16-20.005(c) of the Code of Ordinances are not zoning actions and does not require the above-referenced notice and hearing procedures. (2) In addition to the requirements of chapter 27 of Part 16 of the Code of Ordinances relating to amendments to the zoning ordinance, and prior to action by the zoning review board on any proposed designation of a building, site or district to any category of protection permitted by the chapter, except Conservation Districts, the department of community development, through the bureau of planning, shall evaluate each such proposed designation and shall also consider the following matters: a. City goals and policies as are contained in the comprehensive development plan; b. Impact of proposal on transportation, urban design, other planning and development goals and objectives of the city; c. Potential impacts of tax abatements and other financial incentives which may be available to the property owner to assist in preservation; and d. Potential impacts of tax abatements and other financial incentives on the city budget. In conducting such evaluation, the department of city planning shall request assistance and information from other city departments and agencies, including the department of finance, as may be appropriate to the specific proposal under construction. (d) Final Action: After public hearing by the zoning review board, each proposed designation ordinance shall be returned to the zoning committee for action and then reported to the city council for final action. (e) Post-Adoption Actions: (1) Within 20 days after any designation ordinance becomes law, the director of the commission shall send to the owner or owners of record of each such property so designated, by first class mail, a copy of the ordinance, a statement of the regulations governing their property, and a statement of the economic incentive which may be available for their property.

20-O-1381 Last Updated: 06/3/20 (2) Within 20 days after any designation ordinance becomes law, the director of the commission shall send notice of such action to the following officials and agencies: a. Commissioner of the department of city planning; b. Commissioner of the department of public works transportation; c. Commissioner of the department of parks and recreation; d. Commissioner of the department of watershed management; e. Director, bureau of planning; f. Director, bureau of buildings; g. Director, bureau of housing and code compliance Commissioner, department of grants and community development; h. Police chief; i. Fire chief; and j. State historic preservation officer. (3) Within 20 days of any designation ordinance becomes law, except designations of conservation districts, the director of the commission shall file in the office of the clerk of the Superior Court of Fulton County of in the office of the Clerk of the Superior Court of DeKalb County, as is appropriate to said property, a certificate of notification that such property has such designation, and said certificate of notification shall be maintained on the public records until such time as the designation may be withdrawn by the city council and mayor. (4) The director of the commission may cause to be created a suitable plaque appropriately identifying each designated building, site or district. Such plaques shall be affixed to private property only with the written consent of the owner or owners of said property.

SECTION 45: That Part III (Land Development Code), Part 16 (Zoning), Chapter 20B Druid Hills Conservation District), Section 16-20B.003 “General regulations” be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-20B.003. - General regulations. The following general regulations shall apply to the entire district which includes the following subareas: (1) the Ponce de Leon Corridor; (2) Fairview Road; (3) Springdale Road/Oakdale Road/Lullwater Road/Lullwater Parkway and (4) Emory University. Any proposed development, new construction, addition, alteration, or demolition shall require a certificate of appropriateness as noted below and shall conform to the following regulations: (1) General standards. In the Druid Hills Landmark District, the Commission shall apply the following general standards only if the standards set forth elsewhere in this chapter 20B do not specifically address the application: (a) A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

20-O-1381 Last Updated: 06/3/20 (b) The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided. (c) Each property shall be recognized as a physical record of its time, place, and use. Changes shall not be undertaken that create a false sense of historical development, such as adding conjectural features or elements from other historic properties. (d) Changes to a property that have acquired historic significance in their own right shall be retained and preserved. (e) Distinctive materials, features, finishes, and construction techniques, or examples of craftsmanship that characterize a property, shall be preserved. (f) Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, texture, and, where possible, materials. (g) Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used. (h) Archaeological resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken. (i) New additions, exterior alterations, or related new construction, shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work may be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. (j) New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (2) Certificates of appropriateness. (a) Except as otherwise provided herein, the procedures for determining the correct type of certificate of appropriateness shall be those specified in section 16-20.008 of the Zoning Ordinance. (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) No certificate of appropriateness shall be required for the removal of dead, dying, or hazardous tree as defined in the City of Atlanta Tree Ordinance or a tree with a diameter breast height of less than six inches. (d) Type I certificates of appropriateness shall be reviewed and decided by the Director of the Commission and are required for the following: (i) In-kind repair or replacement of roofing material, and in-kind repair of driveways, walkways, other similar paving, windows, and exterior doors. (e) The following Type II certificates of appropriateness shall be reviewed and decided by the director of the commission and shall be required for new paving not visible from the public right-of-way, fences, walls, and retaining walls. 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

20-O-1381 Last Updated: 06/3/20 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. (f) The following Type II certificates of appropriateness shall be reviewed and decided by the commission and shall be required for the following: (i) Any alteration to any façade of any principal structure or accessory structure and all site work, except as noted in section 16-20B.003(2)(b), (c), (d), and (e) above. (ii) Clearance or removal of any tree with a diameter breast height of six inches or greater, except as noted in subsection (2)(c) above, and shrub massings or hedges over three feet high. (iii) Any major alteration in the landscape or topography which is visible from the public right-of-way. (g) Type III certificates of appropriateness shall be reviewed and decided by the commission and shall be required for: (i) All new principal structures. (ii) All additions to existing principal structures and accessory buildings, including decks. (iii) All new accessory structures. (iv) Subdivision, aggregation, consolidation or replatting of lots. (v) The conversion of any existing building to a nonresidential permitted principal use or use permitted by special use permit. (h) Type IV certificates of appropriateness shall be reviewed and decided by the commission and shall be required for the demolition or moving of any contributing principal structure or contributing accessory building. A partial demolition of a contributing principal structure or contributing accessory building shall require a Type IV certificate of appropriateness only when said partial demolition will result in the loss of significant architectural features that destroys the structure's or buildings historic interpretability or importance. (3) Minimum off-street parking requirements: a. Off-street parking spaces shall not be permitted in any front yard or within 50 feet of the public right- of-way in any half-depth front yard, except for yards adjacent to Moreland Avenue, where a 60-foot limit shall apply. For the purpose of this regulation, the front yard shall be that area between the public right-of-way and the forward line of the principal structure. b. No off-street parking shall be located within 20 feet of any lot line. c. Number of off-street parking spaces required: 1. For single-family, two-family, and multiple-family dwellings: Two spaces for each dwelling unit. 2. For other permitted uses: As indicated in section 16-10.009. (4) Minimum landscape requirements: The overall quality of the landscaped area visible from public right-of-ways should be preserved as an integral part of the historic character of the District. Any major alteration to the landscape or topography visible from the public right-of-way in the District shall

20-O-1381 Last Updated: 06/3/20 maintain the general landscaping scale and character reflected in the original development of Druid Hills in order to preserve the historic landscape character of the District. Any major alteration to the landscape or topography visible from the public right-of-way shall: (a) Follow the standards set forth in 16-20B.003(1); (b) Be consistent and compatible with the overall landscape plan and design on the property and block; (c) Maintain the spatial organization of an open space in front of the house, asymmetrical plantings on the sides of the principal structure and a rear tree canopy; (d) Not excessively or unnecessarily alter the natural topography of the site, with the exception of grading necessary to protect and preserve the integrity of a structure; (e) Ensure that any new grades shall meet the existing topography in a smooth transition; (f) Retain any existing historic circulation systems, including driveways, walkways and paths; (g) Ensure that any new circulation systems and substantial reconstruction of existing circulation systems is consistent and compatible with the existing circulation systems on the property and block with respect to layout, scale, materials, and topographic siting; (h) Ensure that any off-street parking be constructed of a material which will assure a surface resistant to erosion, have adequate access to a public street and have adequate circulation space; and (i) Comply with the provisions of the City of Atlanta Tree Ordinance with the following exceptions: i. When the removal of trees is permitted by the commission, each tree removed shall be replaced with a tree of an appropriate species having a minimum caliper of two-and-one-half inches; and ii. Taking into account the site density and tree spacing regulations of the City of Atlanta Tree Ordinance, any replacement trees and placement of said trees shall comply with (a)-(g) above. iii. Compliance with (i) above shall not eliminate any additional recompense or tree replacement that otherwise may be required by the City of Atlanta Tree Ordinance. (5) Minimum drainage controls: Structures shall be located so as to preserve the natural terrain of the district. Proper drainageways shall be provided to prevent increased water runoff and erosion, siltation of streams or flooding of property as required by the department of public works transportation. (a) No structure shall be permitted within any 100-year floodplain. (b) No single-family structure shall be constructed on natural slopes greater than 25 percent. (c) No structure other than single-family shall be permitted on slopes greater than 15 percent. (6) Minimum architectural controls: Any new construction, additions, renovations or alterations in the District shall maintain the general architectural scale and character reflected in the original development of Druid Hills in order to preserve the historic character of the district and shall follow the standards set forth by section 16-20B.003(1). (7) Fences, walls and retaining walls: Subject to the provisions of section 16-28.008(5) and the following limitations: (a) Fences and walls are not permitted in the front yard, yards adjacent to public streets, or between any principal structure and a public street. (b) Fences and walls not exceeding six feet in height may be erected in the side or rear yard.

20-O-1381 Last Updated: 06/3/20 (c) Fences and walls shall be constructed of vertical iron pickets, brick, stucco, vertical wood pickets, or coated chain link. (d) The front facing portion of fences shall be no less than 40% open. (e) Retaining walls are allowed if existing on the block face. Such retaining walls shall be no taller than the existing retaining walls on the block face or the minimum height required to retain the adjacent grades. All retaining walls shall be faced with brick, stone or stucco. (8) Subdivisions, aggregations, consolidations and replats. The platting pattern of the Druid Hills Landmark District is an integral, defining, and essential part of the historic character 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), no subdivision, aggregation, consolidation or replat shall be approved unless the commission finds: a. The proposed subdivision, aggregation, consolidation or replat conforms to the platting pattern in the Druid Hills Landmark District with regard to lot size, dimensions, orientation, and configurations as it existed in 1982, as documented in maps attached to the 1982 designation of the Druid Hills Landmark District, and maps attached to the 2001 Druid Hills Landmark District expansion; and b. The resulting lot(s) are so laid out that any existing structures meet the District regulations and that any new structures can be situated and constructed upon such lots to meet the District regulations. (9) Contributing/non-contributing property list. a. All contributing buildings, structures or sites within the District shall be shown on the List adopted herewith entitled "Druid Hills Landmark District-Street Address Range and C/NC Property Determination List" (List). Said List shall identify each building, structure or site within the District that meets the definition of "Contributing Building, Structure or Site" set forth in section 16-20.002. b. The director shall periodically review said List to correct errors or omissions to said List, or to reflect any changed conditions relevant to the contributing status of buildings, structures or sites within the district, consistent with the requirements of Chapter 20B and Chapter 20 of Part 16, and shall maintain public records of said List and all such errors, omissions or updates. An action by the director to correct such errors or omissions, or to make updates, shall be initiated by execution of a signed and dated form promulgated by the director specifying the action initiated, the reason(s) for such action, and the identification of all property subject to said action. Said form shall be mailed by first class mail to the owner or owners of the affected property within five calendar days of the initiation of the action by the director. c. An action by the director to correct errors or omissions, or to update, the List as authorized in subsection 16-20B.003(9)(a) above shall result in the immediate prohibition of any new or amended applications of any kind affecting such property, including but not limited to demolition requests, building permits or land disturbance permits, and including acceptance of any such application or request by any City of Atlanta bureau department, agency, official, employee or agent. Said prohibitions shall become automatically effective without further action of any kind immediately upon the date and time that the director takes an action authorized in subsection 16-20B.003(9)(b) above. The purpose and intent of this provision is to maintain the status quo regarding any such affected property until the director's action is reviewed and affirmed or reversed by the commission in the manner specified in subsection 16-20B.003(9)(d) below. The period of this mandatory interim protection shall be 90 days or until a final decision reviewing such action is made by the commission, whichever first occurs, commencing on the date and time of the director's decision. This interim control period allows and is

20-O-1381 Last Updated: 06/3/20 based upon approximately 30 days for the initial scheduling of the public hearing following the director's action and approximately 60 days for completion of the public hearing and a final decision by the commission. d. All actions by the director to correct errors or omissions, or to update, said List shall be reviewed and approved by the commission using the notice and procedures required for Type III certificates of appropriateness with the following modifications: i. Hearings on such review and approval by the commission shall be scheduled by the director within 30 days of the director's action on such correction(s) or update(s) and shall be decided by the commission within a reasonable time; and ii. The commission shall affirm the action(s) of the director upon an expressed finding by the commission that the director's action(s) correctly applied the definitions and requirements for determining the contributing status of the properties in question in Chapter 20B and Chapter 20 of Part 16. In exercising its review, the commission may reverse or affirm the action(s) of the director, wholly or partly. Appeals from a final decision by the commission on such reviews shall be taken by any person aggrieved by such decision pursuant to Code section 16-20.010.

SECTION 46: That Part III (Land Development Code), Part 16 (Zoning), Chapter 20C (Martin Luther King Jr. Landmark District), Section 16-20C.009 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-20C.009. - Off-street parking, parking structures, driveways, driveways and curb cuts. 1. The following off-street parking regulations shall apply to Subareas 1 through 4. a. Parking requirements. Off-street parking and bicycle parking requirements shall be as specified in the Martin Luther King, Jr. Landmark District Parking Table and subject to the following: TABLE 2: MINIMUM MINIMUM MAXIMUM MAXIMUM MARTIN PARKING: PARKING: PARKING: PARKING: LUTHER BICYCLES AUTOMOBILES BICYCLES AUTOMOBILES KING JR. LANDMARK DISTRICT PARKING TABLE Single-family See section 16- None See section 16- Two spaces for dwellings, 28.014(6) 28.014(6) every one Two-family Bicycle parking Bicycle parking residential unit dwellings requirements requirements All other See section 16- None See section 16- 2.5 spaces for Residential 28.014(6) 28.014(6) every one and Dwelling Bicycle parking Bicycle parking residential unit Uses requirements requirements Non- See section 16- None See section 16- 2.5 spaces for Residential 28.014(6) 28.014(6) every 1,000 square Uses Bicycle parking Bicycle parking feet of floor area

20-O-1381 Last Updated: 06/3/20 requirements requirements b. Surface parking. i. When utilized, off-street surface parking shall not be permitted to be located between a building and an adjacent street without an intervening building. ii. When authorized, park-for-hire surface parking lots shall be prohibited from being located within 65 feet of any public street frontage. c. Screening for non-residential and multi-family uses. i. All surface parking regardless of the number of parking spaces provided, shall comply with all of the requirements of Chapter 158, Article II, section 158-30. ii. Screen wall extensions shall be permitted when surface parking is directly adjacent to a public sidewalk and additionally shall: (1) Be located predominantly parallel and congruent with the adjacent building façade ; (2) Be a minimum height often ten feet and a maximum height of 12 feet; (3) Be a minimum of 50 percent permeable or articulated to avoid blank walls; and (4) Utilize the adjacent building for purposes of determining allowable materials and architectural features. d. Notwithstanding anything to the contrary in the Atlanta Zoning Ordinance, urban gardens and market gardens are permitted primary uses and accessory uses within the Transitional Zone (Subarea 6). 2. The following regulations shall apply to parking structures within the district. a. In addition to the parking deck regulations of section 16-28.028, parking structure façades shall have the appearance of a horizontal storied building and shall utilize the compatibility rule for the contributing structures of any use on the block for the purposes of determining building materials, building massing, architectural features, building heights and setbacks. b. Parking structures shall meet the active use requirements as regulated in section 16-20C.005(3)(e). 3. The following regulations shall apply to driveways and curb cuts within the district. a. Use of shared driveways and/or alleys is permitted. Driveways may be located outside the lot boundaries if they directly connect to a public street and are approved by the commission. b. Circular drives and drop-off lanes shall not be located between any principal building and any public street. The commission shall additionally have the authority to vary section 28.006(10) relative to the requirement for an independent driveway connected to a public street. c. Curb cuts and driveways are not permitted on Edgewood Avenue, Auburn Avenue, Boulevard and Piedmont Road when reasonable access may be provided from a side or rear street or from an alley. d. One curb cut is permitted for each development. Developments with more than one public street frontage or more than 300 feet of public street frontage may have two curb cuts. e. Curb cuts shall be a maximum of 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of public works the department of transportation.

20-O-1381 Last Updated: 06/3/20 f. Sidewalk paving materials shall be continued across intervening driveways for all non-residential and multi-family uses.

SECTION 47: That Part III (Land Development Code), Part 16 (Zoning), Chapter 20R (Means Street Landmark District Regulations), Section 16-20R.008 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-20R.008. - Off-street parking, parking structures, driveways and curb cuts. 1. The following off-street parking regulations shall apply to district: a. Parking requirements . Off-street parking and bicycle parking requirements shall be as specified in the Means Street Landmark District Parking Table and subject to the following: Means Street Minimum Minimum Maximum Maximum Landmark Parking: Bicycles Parking: Parking: Bicycles Parking: District Automobiles Automobiles Parking Table Residential See section 16- 1 space for See section 16- 2.5 spaces for Uses 28.014(6) Bicycle every 1 28.014(6) Bicycle every 1 parking residential parking residential unit requirements unit requirements Non- See section 16- None See section 16- 5 spaces for Residential 28.014(6) Bicycle 28.014(6) Bicycle every 1,000 Uses parking parking square feet of requirements requirements floor area* * Eating and drinking establishments with alcoholic beverage licenses shall be permitted a maximum of 10 spaces per 1,000 square feet of floor area. b. Surface Parking. i. When utilized, off-street surface parking shall not be permitted between a building and a public street without an intervening building. ii. All surface parking regardless of the number of parking spaces provided, shall comply with all of the requirements of chapter 158, article II, section 158-30. 2. The following regulations shall apply to parking structures within the district: a. In addition to the parking deck regulations of section 16-28.028, parking structure façades shall have the appearance of a horizontal storied building and shall utilize the compatibility rule for any contributing structures in the district for the purposes of determining building materials, building massing and architectural features. b. Parking structures shall meet the active use requirements for the district. 3. Off-Street Parking and Loading Reductions. a. Reductions in parking requirements may be approved by the director subject to a shared parking arrangement under the following criteria: i. The arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access; and

20-O-1381 Last Updated: 06/3/20 ii. All shared parking spaces shall be clearly marked and signed as reserved during specified hours. b. An applicant shall submit the following information as part of the application to reduce parking requirements and avoid conflicting parking demands: i. A to-scale map indicating location of proposed parking spaces; ii. Indicate hours of business operation; iii. Written consent of property owners agreeing to the shared parking arrangements; and iv. Copies of any parking leases. Renewed leases shall be provided to the commission. Lapse of a required lease agreement shall terminate the permit. c. Reductions in off-street loading requirements shall be reviewed by the commission. 4. The following regulations shall apply to driveways and curb cuts within the district. a. Use of shared, non-independent driveways and alleys is permitted. Driveways may be located outside the lot boundaries if they directly connect to a public street and are approved by the commission. b. Circular drives and drop-off lanes shall not be located between any principal building and any public street. The commission shall additionally have the authority to vary subsection 28.006(10) relative to the requirement for an independent driveway connected to a public street. c. One curb cut is permitted for each development. Developments with more than one (1) public street frontage or more than 300 feet of public street frontage may have two (2) curb cuts. d. Curb cuts shall be a maximum of 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of public works the department of transportation. e. Sidewalk paving materials shall be continued across intervening driveways. 5. Electric vehicle charging stations. A building, commercial establishment, or other property, which provides automobile parking facilities shall provide parking facilities in the ratio of at least one station for every 50 automobile parking spaces or portion thereof. No more than five such stations shall be required for a parking facility.

SECTION 48: That Part III (Land Development Code), Part 16 (Zoning), Chapter 27 (Amendment), Section 16-27.002 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-27.002. - Amendments authorized. Whenever public necessity, public convenience, the general welfare or good zoning practice justify such action, and after consideration by the planning bureau and the zoning review board, the council may by ordinance amend the regulations contained herein or the boundaries of any maps officially established in relation thereto. (1) Initiation of amendments: Proposed changes in regulations or in boundaries may be initiated by the council, a committee of the council, a council member, the bureau of planning, or an application filed with the municipal clerk by the owner of the affected property or his authorized agent. (2) Applications required to be on forms supplied: Applications shall be submitted on approved forms supplied to prospective applicants. Any communication purporting to be an application for a change

20-O-1381 Last Updated: 06/3/20 shall be regarded as mere notice to seek relief until made in the form required by the owner of property involved or his authorized representative. If a rezoning of specific property is involved, the application shall also be accompanied by a recent plat of survey prepared by a registered professional engineer or land surveyor. The application shall be filed on a form provided for such purposes and shall be accompanied by plans, reports or other information, exhibits or documents as may reasonably be required by the director, bureau of planning to make the necessary findings in the case. Site plans should include, at a minimum, zoning classifications- current and proposed, square footage of buildings and structures, square footage and use of accessory space, number of dwelling units, height of buildings and structures in feet, net land are, gross land area, floor area ratio (FAR)-maximum allowed and proposed, total open space or lot overage-minimum required and proposed, usable open space or lot coverage- minimum required and proposed, and number of parking and loading spaces- minimum required and proposed. If requested by staff, other studies may be required including, but not limited to building elevations, transitional yards and transitional height plane drawings and shadow studies. Each proposed zoning change shall be accompanied by a written, documented analysis of the impact of the proposed zoning with respect to each of the matters enumerated in section 16-27.004. (3) Limitation on frequency of application affecting the same property: After an application has been received affecting a lot or parcel or any part thereof, no further application for any change affecting the same property or any part thereof shall be filed within 24 months, except where the council has approved an ordinance to waive the 24-month waiting period between the filing of applications affecting the same parcel of property. This provision shall not be construed as impairing the right of the planning bureau or the council to propose amendment at any time on their own initiative. Provided, however, that no application for rezoning shall be filed by or accepted from anyone within 12 months of final action or substantially the same rezoning application by the council, and, provided, further, that this 12-month limitation may not be waived. (4) No application shall be scheduled for a public hearing before the zoning review board until all required materials have been submitted by the applicant. All members of the city council shall be notified in writing, at least two (2) weeks prior to scheduled hearing before the zoning review board, of all proposed amendments to the zoning ordinance. (5) A true and correct copy of every application or ordinance proposing a change in district or text in the Zoning Ordinance of the City of Atlanta, whether initiated by the bureau of planning, by the council, or by an application filed as prescribed in this part, shall be submitted to the Atlanta Board of Education, the Atlanta Ddepartment of Public Works transportation, the Atlanta Ddepartments of Police and Fire and the Fulton County Department of Public Health or the DeKalb County Department of Public Health by the Atlanta Bureau of Planning, together with such other documents on file with such application as may be necessary to a complete understanding thereof.

SECTION 49: That Part III (Land Development Code), Part 16 (Zoning), Chapter 28 (General and Supplementary Regulations), Section 16-28.014 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-28.014. - Off-street parking requirements, general provisions. (See also section 16-28.013, section 16-28.008(7).) The following requirements, limitations and standards shall apply to off-street parking.

20-O-1381 Last Updated: 06/3/20 (1) Specifications for off-street parking space: For purposes of these regulations, an off-street parking space shall consist of a space adequate for parking an automobile of standard dimensions, with room for opening doors and entering or leaving on both sides and with safe and convenient access to public street or alley. Except in the case of single-family or two-family detached or semidetached residences, such space shall be provided with maneuvering room sufficient for convenient parking or unparking without maneuvering on any public street, alley or sidewalk. Spaces shall be so arranged that any automobile may be moved without moving another. For computation purposes, an off-street parking space in itself may be considered to consist of 180 square feet; the space plus its related access and maneuvering room may be considered to require a total of 300 square feet; but off-street parking requirements shall be considered to be met only where actual spaces meet the performance standards set forth herein. Required off-street parking areas for four (4) or more automobiles shall have individual spaces marked. All off-street parking spaces and related access shall be graded, paved, improved and maintained in a manner permitting safe and convenient use under normal weather conditions, and so as to avoid adverse effects on public streets or neighboring property as a result of dust, erosion or drainage. Grading, design, subsurface preparation, paving and drainage shall be in accordance with standards established by the department of public workstransportation. Where off-street parking is required for 10 or more automobiles, 25 percent of the number of spaces provided may be designed for use by compact automobiles, but such space shall be reserved for use by such automobiles. Within flood hazard districts, the director, bureau of buildings may allow such parking and access ways to be improved with gravel or other material which will, through its permeability, aid in reducing the danger of flooding. (2) Reduction in parking requirements for housing for the elderly : Reduction of generally applicable off-street parking requirements shall be allowed in all zoning districts, subject to the following requirements and limitations: (a) The minimum off-site parking requirement shall be reduced to 0.5 space per dwelling unit when the otherwise applicable off-street parking ratio exceeds 0.5 space per dwelling unit. (b) No such reduction shall be permitted except where it is assured that housing will be used by families with head of the household 62 years of age or older (provided that not more than ten percent of the number of persons housed may be employees on the premises, without regard to age). (c) The premises shall not be used other than as housing for the elderly, subject to the exceptions and limitations set forth in (b) above, unless and until any parking requirements applying to the new use have been met. Housing for the elderly is not to be construed as including establishments which are primarily convalescent and nursing home. (3) Buffering parking areas where adjoining property is residential: Where parking areas for four (4) or more automobiles are located adjacent to any lot upon which a dwelling exists as a conforming use, without an intervening street, and where such parking areas are not screened visually from first floor residential windows at such locations, there shall be provided on the lot with the parking a continuous buffer screening such parking area from such view, with a height of six (6) feet. The buffer shall be fence or wall or equivalent vegetative screening, maintained in a sightly condition.

20-O-1381 Last Updated: 06/3/20 SECTION 50: That Part III (Land Development Code), Part 16 (Zoning), Chapter 28 (General and Supplementary Regulations), Section 16-28.015 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-28.015. - Off-street loading requirements. 1. Minimum off-street space shall be provided according to the following "Table of Loading Requirements." All loading berths shall provide vertical clearance of 14 feet. All loading access ways and areas shall provide a vertical clearance of 14 feet and shall not be located within the required sidewalk. All loading spaces shall be a minimum of 12 feet wide by 35 feet long. TABLE OF LOADING REQUIREMENTS Unit of Measure Required Loading Spaces (min. 12' x 35') Residential Dwellings and 50 units or less None Lodging 51 to 200 units 1 201 units and above 2 All Other Uses Up to 15,000 sq. ft. floor area None 15,001 sq. ft. to 250,000 sq. ft. 1 floor area 250,001 sq. ft. and above 2

2. Where legal on-street loading spaces of any width exist in a public right-of-way, one on-street loading space may be substituted for every required off-street loading space, provided the on-street space immediately abuts the subject property. Each on-street loading space shall only be counted for one property. Where a space straddles a property line (as projected into the right-of-way), the space shall only be counted by the owner whose property abuts 50 percent or more of the on-street loading space. The director commissioner of public works the department of transportation may determine that to ensure future roadway capacity, the on-street loading reduction may not be available. 3. A reduction of off-street loading requirements may be approved by the director commissioner of the department of transportation subject to a shared loading arrangement that avoids conflicting loading demands. Shared loading arrangements may include multiple uses on one or more contiguous lots. Shared loading may also include use of a legal on-street loading space identified in paragraph "2" immediately above. 4. There are no off-street loading requirements for buildings and portions thereof built prior to 1965.

SECTION 51: That Part III (Land Development Code), Part 16 (Zoning), Chapter 28A (Sign Ordinance), Section 16-28A.010 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-28A.010. - District regulations. The following regulations shall apply to all signs within the districts indicated. No signs other than those specifically authorized in this section for each district shall be permitted unless otherwise expressly authorized in section 16-28A.007 or elsewhere in this chapter 28A. All signs authorized in a particular

20-O-1381 Last Updated: 06/3/20 district by this section shall, in addition to these district regulations, meet all other regulations in this chapter 28A, including but not limited to section 28A.007, and also shall comply with all other applicable provisions of Part 16 and of the Code of Ordinances. (1) R-1 (Single-Family Residential) District, R-2 (Single-Family Residential) District, R-2A (Single- Family Residential) District, R-2B (Single-Family Residential) District, R-3 (Single-Family Residential) District, R-3A (Single-Family Residential) District, R-4 (Single-Family Residential) District, R-4A (Single-Family Residential) District, R-4B (Single-Family Residential) District, and R-5 (Two-Family Residential) District. The following signs shall be permitted in the R-1, R-2, R-2A, R-2B, R-3, R-3A, R- 4, R-4A, R-4B, and R-5 residential districts: a. Number and Area of Signs: For a residential use, two permanent signs per lot shall be permitted. Each sign shall not exceed two square feet in sign area. For institutional uses, one sign per street frontage shall be permitted not exceeding 35 square feet in sign area. Subdivisions shall be permitted one sign per entrance and such sign shall not exceed 35 square feet in sign area. b. Setback: Signs shall be mounted flat to the wall of the building, suspended, or not nearer than 30 feet to the street property line, except that two temporary signs are permitted in any required yard. c. Height of Signs: 1. No freestanding sign for residential use shall be higher than three feet above ground level. 2. No freestanding institutional or subdivision sign shall be higher than ten feet above ground level. d. Lighting of Signs: No sign shall be internally illuminated. No lighting shall be permitted which illuminates any area outside of the lot upon which said sign is located. e. Animated, Flashing, Changing Signs Prohibited: No animated, flashing, or changing signs shall be permitted. f. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. g. Billboard Signs Prohibited: Billboard signs shall be prohibited. (2) R-G (Residential General) District. The following signs shall be permitted in the R-G (General residential) district: a. Number and Area of Signs: For all uses permitted in this district, one sign per street frontage shall be permitted. Such sign shall not exceed 35 square feet in sign area. b. Setback: Signs shall be mounted flat to the wall of the building or not nearer than 30 feet to the street property line except for signs mounted in a permitted entrance wall. c. Height of Signs: No freestanding sign shall be higher than ten feet above ground level. d. Lighting of Signs: No sign shall be internally illuminated. No lighting shall be permitted which illuminates any area outside of the lot upon which said sign is located. e. Animated, Flashing, Changing Signs Prohibited: No animated flashing, or changing signs shall be permitted. f. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. g. Billboard Signs Prohibited: Billboard signs shall be prohibited.

20-O-1381 Last Updated: 06/3/20 (3) R-LC (Residential-Limited Commercial) District. The following signs shall be permitted in the R- LC (Residential-limited commercial) district: a. Number and Area of Signs: A maximum of one sign is permitted for each separate street frontage of each business establishment. Such sign shall not exceed 16 square feet in sign area. b. Setback: Signs shall be mounted flat to the wall of the building or not nearer than 20 feet to the street property line. c. Height of Signs: No freestanding sign shall be higher than 24 feet above ground level. d. Lighting of Signs: No sign shall be internally illuminated. No lighting shall be permitted which illuminates any area outside of the lot upon which said sign is located. e. Animated, Flashing, Changing Signs Prohibited: No animated, flashing, or changing signs shall be permitted. f. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. g. Billboard Signs Prohibited: Billboard signs shall be prohibited. (4) O-I (Office-Institutional) District. The following signs shall be permitted in the O-I (Office institutional) district: a. Number and Area of Signs: A maximum of one sign is permitted for each separate street frontage of each business establishment or building. Such sign shall not exceed 30 square feet in sign area. There is no limit on the number of freestanding signs identifying buildings or providing wayfinding at private universities with a physical campus of over 50 acres within city limits. Such signs shall not exceed 30 square feet in sign area and 8 feet in height, except hospital signs which shall not exceed 95 square feet in sign area and 15 feet in height. b. Setback : Signs shall be mounted flat to the wall of the building or not nearer than 20 feet to the street property line. Freestanding signs identifying buildings or providing wayfinding at private universities with a physical campus of over 50 acres within city limits shall not be nearer than 10 feet to the street property line. c. Height of Signs: No freestanding sign shall be higher than 24 feet above ground level. d. Lighting of Signs: Except for hospital signs at private universities with a physical campus of over 50 acres within city limits, no sign shall be internally illuminated. No lighting shall be permitted which illuminates any area outside of the lot upon which said sign is located. e. Animated, Flashing, Changing Signs Prohibited: No animated, flashing, or changing signs shall be permitted. f. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. g. Billboard Signs Prohibited: Billboard signs shall be prohibited. h. Building Signature Signs: Subject to the restrictions set forth in section 16-28A.007(p). (5) C-1 (Community Business) District. The following signs shall be permitted in the C-1 (Community business) district: a. Number and Area of Building Signs: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted. A maximum of three building signs shall be

20-O-1381 Last Updated: 06/3/20 permitted for each business establishment. The combined area of these permitted building signs shall not exceed ten percent of the total area of the wall of the front of each said business establishment, and in no case shall any individual sign exceed 200 square feet. Notwithstanding these provisions, every business establishment shall be entitled to at least 60 square feet total combined sign area. b. Building Signs on Corner Lots: For corner lots, one additional building sign for the business establishment occupying the corner space shall be permitted, provided it is oriented toward the additional street frontage. The total area of said sign shall not exceed ten percent of the total area of the wall of said building occupied by such business establishment and oriented toward the additional street frontage, or 60 square feet, whichever is less. c. Freestanding Signs: In addition to the building signs permitted in subsections a. and b. above, one freestanding sign shall be permitted for each lot. On interior lots, said freestanding sign shall not exceed 60 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said interior freestanding sign may be enlarged from said 60 square foot maximum at a rate of one additional square foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 100 square feet in total sign area. On corner lots, said freestanding sign shall not exceed 90 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said corner freestanding sign may be enlarged from said 90 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 130 square feet in total sign area. d. Shopping Center Signs: In lieu of the freestanding sign permitted in subsection c. above, shopping centers shall be permitted one single freestanding business identification sign. Said sign may be located within the required front yard setback. Said sign shall not exceed 200 square feet in sign area. Where a shopping center has frontage on two or more streets, one additional sign shall be permitted for each additional street frontage provided that such additional street does not face a residential district. e. Height of Signs: No freestanding sign shall exceed 35 feet in height above the level of the surface of the pavement of the nearest lane of the main traveled way or 35 feet from the ground at the base of the structure to the tallest part of the structure whichever is greater. f. Animated, Flashing or Changing Signs Prohibited: No animated, flashing or changing signs shall be permitted. g. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. h. Billboard Signs Prohibited: Billboard signs shall be prohibited. i. Building Signature Signs: Subject to the restrictions set forth in section 16-28A.007(p). (6) C-2 (Commercial Service) District. The following signs shall be permitted in the C-2 (Commercial service) district: a. Number and Area of Building Signs: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted. A maximum of three building signs shall be permitted for each business establishment. The combined area of these permitted building signs shall not exceed ten percent of the total area of the front wall of each said business establishment, and in no case shall any individual sign exceed 200 square feet. Notwithstanding these provisions, every business establishment shall be entitled to at least 60 square feet total combined sign area.

20-O-1381 Last Updated: 06/3/20 b. Building Signs on Corner Lots: For corner lots, one additional building sign for the business establishment occupying the corner space shall be permitted, provided it is oriented toward the additional street frontage. The total area of said sign shall not exceed ten percent of the area of the wall of said building occupied by such business establishment and oriented toward the additional street frontage, or 60 square feet, whichever is less. c. Freestanding Signs: In addition to the building signs permitted in subsections a. and b. above, one freestanding sign shall be permitted for each lot. On interior lots, said freestanding sign shall not exceed 60 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said interior freestanding sign may be enlarged from said 60 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 100 square feet in total sign area. On corner lots, said freestanding sign shall not exceed 90 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said corner freestanding sign may be enlarged from said 90 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 130 square feet in total sign area. d. Shopping Center Signs: In lieu of the freestanding sign permitted in subsection c. above, shopping centers shall be permitted one single freestanding business identification sign. Said sign may be located within the required front yard setback. Said sign shall not exceed 200 square feet in sign area. Where a shopping center has frontage on two or more streets, one additional sign shall be permitted for each additional street frontage provided that such additional street does not face a residential district. e. Height of Signs: No freestanding sign shall exceed 35 feet in height above the level of the surface of the pavement of the nearest lane of the main traveled way or 35 feet from the ground at the base of the structure to the tallest part of the structure whichever is greater. f. Animated, Flashing or Changing Signs Prohibited: No animated, flashing or changing signs shall be permitted. g. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. h. Billboard Signs Prohibited: Billboard signs shall be prohibited. i. Building Signature Signs: Subject to the restrictions set forth in section 16-28A.007(p). (7) C-3 (Commercial-Residential) District. The following signs shall be permitted in the C-3 (Commercial-residential) district: a. Number and Area of Building Signs: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted. A maximum of three building signs shall be permitted for each business establishment. The combined area of these permitted building signs shall not exceed ten percent of the total area of the front wall of each said business establishment, and in no case shall any individual sign exceed 200 square feet. Notwithstanding these provisions, every business establishment shall be entitled to at least 60 square feet total combined sign area. b. Building Signs on Corner Lots: For corner lots, one additional building sign for the business establishment occupying the corner space shall be permitted, provided it is oriented toward the additional street frontage. The total area of said sign shall not exceed ten percent of the area of the wall of said building occupied by such business establishment and oriented toward the additional street frontage, or 60 square feet, whichever is less.

20-O-1381 Last Updated: 06/3/20 c. Freestanding Signs: In addition to the building signs permitted in subsections a. and b, above, one freestanding sign shall be permitted for each lot. On interior lots, said freestanding sign shall not exceed 60 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said interior freestanding sign may be enlarged from said 60 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said interior freestanding sign may be enlarged from said 60 square foot maximum at a rate of one additional square foot of sign are per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 100 square feet in total sign area. On corner lots, said freestanding sign shall not exceed 90 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said corner freestanding sign may be enlarged from said 90 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 130 square feet in total sign area. d. Shopping Center Signs: In lieu of the freestanding sign permitted in subsection c. above, shopping centers shall be permitted one single sign. Said sign may be located within the required front yard setback. Said sign shall not exceed 200 square feet in sign area. Where a shopping center has frontage on two or more streets, one additional sign shall be permitted for each additional street frontage provided that such additional street does not face a residential district. e. Height of Signs: No freestanding sign shall exceed 35 feet in height above the level of the surface of the pavement of the nearest lane of the main traveled way or 35 feet from the ground at the base of the structure to the tallest part of the structure whichever is greater. f. Animated, Flashing, and Changing Signs: Animated, flashing, and changing signs shall be permitted provided that no such sign shall be erected within 100 feet of an adjoining residential district if visible therefrom. g. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. h. Billboard Signs Prohibited: Billboard signs shall be prohibited. i. Building Signature Signs: Subject to the restrictions set forth in section 16-28A.007(p). (8) C-4 (Commercial Residential) District. The following signs shall be permitted in the C-4 (commercial residential) district: a. Type, Number, and Area of Building Signs: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted, provided that any such sign which projects over the public sidewalk or public street right-of-way shall be subject to all other provisions of this chapter and other applicable requirements of the Code of Ordinances of the City of Atlanta. A maximum of three building signs shall be permitted for each business establishment on the ground floor of a building. Only one of said three signs may be a suspended or projecting sign. The combined area of these permitted building signs shall not exceed ten percent of the total area of the front wall of the ground floor of said business establishment, and in no case shall any individual sign exceed 200 square feet. Notwithstanding these provisions, every business establishment shall be entitled to at least 60 square feet total combined sign area. b. Building Signs on Corner Lots: For corner lots, one additional building sign for the business establishment occupying the corner space shall be permitted, provided it is oriented toward the additional street frontage. The total area of said sign shall not exceed ten percent of the area of the wall

20-O-1381 Last Updated: 06/3/20 of said building occupied by such business establishment and oriented toward the additional street frontage, or 60 square feet, whichever is less. c. Freestanding Signs: In addition to the building signs permitted in subsections a. and b. above, one freestanding sign shall be permitted for each lot. On interior lots, said freestanding sign shall not exceed 60 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said interior freestanding sign may be enlarged from said 60 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 100 square feet in total sign area. On corner lots, said freestanding sign shall not exceed 90 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said corner freestanding sign may be enlarged from said 90 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required yard setback line, measured perpendicularly, up to a maximum of 130 square feet in total sign area. d. Shopping Center Signs: In lieu of the freestanding sign permitted in subsection c. above, shopping centers shall be permitted one single freestanding sign. Said sign may be located within the required front yard setback. Said sign shall not exceed 200 square feet in sign area. Where a shopping center has frontage of two or more streets, one additional sign shall be permitted for each additional street frontage provided that such additional street does not face a residential district. e. Height of Signs: No freestanding sign shall exceed 35 feet in height above the level of the surface of the pavement of the nearest lane of the main traveled way or 35 feet from the ground at the base of the structure to the tallest part of the structure whichever is greater. f. Animated, Flashing, and Changing Signs: Animated, flashing, and changing signs shall be permitted provided that no such sign shall be erected within 100 feet of an adjoining residential district if visible therefrom. g. Signs Extending Over Right-of-Way: Signs extending or projecting over any property line onto sidewalk or street right-of-way shall be subject to all other provisions of this chapter, of Part 16, and of any other applicable requirement of the Code of Ordinances of the City of Atlanta governing such signs. h. Billboard Signs Prohibited: Billboard signs shall be prohibited. i. Building Signature Signs: Subject to the restrictions set forth in section 16-28A.007(p). j. Primary Occupant Sign: Notwithstanding any provisions to the contrary within this chapter, primary occupant signs are permitted as a type of wall sign on a building 55 feet or greater in height, subject to the following limitations: i. Maximum number of signs: A maximum of three primary occupant signs shall be permitted per building. Only one primary occupant sign shall be allowed on any elevation of the building. ii. Maximum sign height: 55 feet above street level. iii. Maximum sign area: 200 square feet, whether individually or in the aggregate. iv. Further limitations: A primary occupant that also meets the definition of a principal occupant may erect a primary occupant sign or a building signature sign but not both on the same building. (9) C-5 (Central Support) District. The following signs shall be permitted in the C-5 (Central support) district:

20-O-1381 Last Updated: 06/3/20 a. Type, Number, and Area of Building Signs: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted, provided that any such sign which projects over the public sidewalk or public street right-of-way shall be subject to all other provisions of this chapter and other applicable requirements of the Code of Ordinances of the City of Atlanta. A maximum of three building signs shall be permitted for each business establishment on the ground floor of a building. Only one of said three signs may be a suspended or projecting sign. The combined area of these permitted building signs shall not exceed ten percent of the total area of the front wall of the ground floor of said business establishment, and in no case shall any individual sign exceed 200 square feet. Notwithstanding these provisions every business establishment shall be entitled to at least 60 square feet total combined sign area. b. Building Signs on Corner Lots: For corner lots, one additional building sign for the business establishment occupying the corner space shall be permitted, provided it is oriented toward the additional street frontage. The total area of said sign shall not exceed ten percent of the area of the wall of said building occupied by such business establishment and oriented toward the additional street frontage, or 60 square feet, whichever is less. c. Freestanding Signs: In addition to the building signs permitted in subsections a. and b. above, one freestanding sign shall be permitted for each lot. On interior lots, said freestanding sign shall not exceed 60 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said interior freestanding sign may be enlarged from said 60 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 100 square feet in total sign area. On corner lots, said freestanding sign shall not exceed 90 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said corner freestanding sign may be enlarged from said 90 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 130 square feet in total sign area. d. Shopping Center Signs: In lieu of the freestanding sign permitted in subsection c. above, shopping centers shall be permitted one single freestanding sign. Said sign may be located within the required front yard setback. Said sign shall not exceed 200 square feet in sign area. Where a shopping center has frontage on two or more streets, one additional sign shall be permitted for each additional street frontage provided that such additional street does not face a residential district. e. Height of Signs: No freestanding sign shall exceed 35 feet in height above the level of the surface of the pavement of the nearest lane of the main traveled way or 35 feet from the ground at the base of the structure to the tallest part of the structure whichever is greater. f. Animated, Flashing, and Changing Signs: Animated, flashing, and changing signs shall be permitted provided that no such sign shall be erected within 100 feet of an adjoining residential district if visible therefrom. g. Signs Extending Over Right-of-Way: Signs extending or projecting over any property line onto sidewalk or street right-of-way shall be subject to all other provisions of this chapter, of Part 16, and of any other applicable requirement of the Code of Ordinances of the City of Atlanta governing such signs. h. Billboard Signs Prohibited: Billboard signs shall be prohibited. i. Building Signature Signs: Subject to the restrictions set forth in section 16-28A.007(p).

20-O-1381 Last Updated: 06/3/20 (10) [I-1 (Light Industrial) District.] The following signs shall be permitted in the I-1 (Light Industrial) District: a. Number and Area of Signs: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted. A maximum of three such signs shall be permitted for each business establishment. The combined area of these permitted signs shall not exceed ten percent of the total area of the front wall of each said business establishment, and in no case shall any individual sign exceed 200 square feet. Where existing nonconforming buildings are located immediately adjacent to the street, such buildings shall be permitted to have one sign, not exceeding 60 square feet in sign area, projecting into the public right-of-way. Notwithstanding these provisions, every business establishment shall be entitled to at least 60 square feet total combined sign area. b. Wall Signs on Corner Lots: For corner lots, one additional wall sign for the business establishment occupying the corner space shall be permitted, provided it is oriented toward the additional street frontage. The total area of said wall sign shall not exceed ten percent of the area of the wall of said building occupied by such business establishment and oriented toward the additional street frontage, or 60 square feet, whichever is less. c. Freestanding Signs: In addition to the building signs permitted in subsections a. and b. above, one freestanding sign shall be permitted for each lot. On interior lots, said freestanding sign shall not exceed 60 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said interior freestanding sign may be enlarged from said 60 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 100 square feet in total sign area. On corner lots, said freestanding sign shall not exceed 90 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said corner freestanding sign may be enlarged from said 90 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 130 square feet in total sign area. d. Shopping Center Signs: In lieu of the freestanding sign permitted in subsection c. above, shopping centers shall be permitted one single freestanding business identification sign. Said sign may be located within the required front yard setback. Said sign shall not exceed 200 square feet in sign area. Where a shopping center has frontage on two or more streets, one additional sign shall be permitted for each additional street frontage provided that such additional street does not face a residential district. e. Height of Signs: No freestanding sign shall exceed 35 feet in height above the level of the surface of the pavement of the nearest lane of the main traveled way or 35 feet from the ground at the base of the structure to the tallest part of the structure whichever is greater. f. Animated and Flashing Signs: Animated or flashing signs shall be permitted provided that no such signs shall be erected within 100 feet of an adjoining residential district if visible therefrom. g. Changing Signs: Changing signs shall be permitted. h. Billboard Signs: Billboard signs shall be permitted subject to all other provisions in this Chapter 28A, specifically including section 16-28A.007(b), any other applicable portion of Part 16, and any other provision of the Code of Ordinances governing billboard signs. Billboard signs shall not exceed 50 feet in height above ground level; provided, however, when the ground level is lower than the level of the adjoining pavement, then a freestanding billboard sign may be raised so as to be not more than 25 feet above the level of the pavement. Billboard signs shall be located within the buildable area of the lot

20-O-1381 Last Updated: 06/3/20 and shall not exceed 672 square feet in total sign area. No billboard sign shall be located within 300 feet of a freestanding sign 72 square feet or greater but less than 200 square feet in total sign area. (11) [I-2 (Heavy Industrial) District.] The following signs shall be permitted in the I-2 (Heavy Industrial) District: a. Number and Area of Signs: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted. A maximum of three such signs shall be permitted for each business establishment. The combined area of these permitted signs shall not exceed ten percent of the total area of the front wall of each said business establishment, and in no case shall any individual sign exceed 200 square feet. Where existing nonconforming buildings are located immediately adjacent to the street, such buildings shall be permitted to have one sign, not exceeding 60 square feet in sign area, projecting into the public right-of-way. Notwithstanding these provisions, every business establishment shall be entitled to at least 60 square feet total combined sign area. b. Wall Signs on Corner Lots: For corner lots, one additional wall sign for the business establishment occupying the corner space shall be permitted, provided it is oriented toward the additional street frontage. The total area of said wall sign shall not exceed ten percent of the area of the wall of said building occupied by such business establishment and oriented toward the additional street frontage, or 60 square feet, whichever is less. c. Freestanding Signs: In addition to the building signs permitted in subsections a. and b. above, one freestanding sign shall be permitted for each lot. On interior lots, said freestanding sign shall not exceed 60 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said interior freestanding sign may be enlarged from said 60 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 100 square feet in total sign area. On corner lots, said freestanding sign shall not exceed 90 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said corner freestanding sign may be enlarged from said 90 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 130 square feet. d. Shopping Center Signs: In lieu of the freestanding sign permitted in subsection c. above, shopping centers shall be permitted one single freestanding business identification sign. Said sign may be located within the required front yard setback. Said sign shall not exceed 200 square feet in sign area. Where a shopping center has frontage on two or more streets, one additional sign shall be permitted for each additional street frontage provided that such additional street does not face a residential district. e. Height of Signs: No freestanding sign shall exceed 35 feet in height above the level of the surface of the pavement of the nearest lane of the main traveled way or 35 feet from the ground at the base of the structure to the tallest part of the structure whichever is greater. f. Animated and Flashing Signs: Animated or flashing signs shall be permitted provided that no such signs shall be erected within 100 feet of an adjoining residential district if visible therefrom. g. Changing Signs: Changing signs shall be permitted. h. Billboard Signs: Billboard signs shall be permitted subject to all other provisions in this Chapter 28A, specifically including section 16-28A.007(b), any other applicable portion of Part 16, and any other provision of the Code of Ordinances governing billboard signs. Billboard signs shall not exceed 50 feet in height above ground level; provided, however, when the ground level is lower than the level of

20-O-1381 Last Updated: 06/3/20 the adjoining pavement, then a freestanding billboard sign may be raised so as to be not more than 25 feet above the level of the pavement. Billboard signs shall be located within the buildable area of the lot and shall not exceed 672 square feet in total sign area. No billboard sign shall be located within 300 feet of a freestanding sign 72 square feet or greater but less than 200 square feet in total sign area. (12) SPI-1 Downtown District. a. General Regulations: Signs within SPI-1 Downtown District are subject to the regulations set forth in this section (12). For purposes of this section (12), "street" means public streets and private streets, as well as associated public right-of-way including public right-of-way accessible only to pedestrians. b. Building Signs: 1. Type: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted. Only one of the signs may be either suspended or projecting along each street frontage per business establishment, provided that corner business establishments may have two projecting signs limited to one projecting sign per street frontage. Wrap signs and projection signs shall be permitted within the time, manner and place limitations contained in (12)i. herein. 2. Number: (a) Sidewalk-Level Business Establishments: A maximum of three signs shall be allowed for each business establishment on the sidewalk-level of a building. For the purposes of this section (12), "sidewalk level" shall be as defined by Section 16-18A.005(3) except where additional signage is authorized on a monument sign or multi-tenant sign. (b) Second-Level Business Establishments: A maximum of three signs shall be allowed for each second- level business establishment engaged in a permitted use listed under the commercial/retail and institutional headings of the Use Table in Section 16-18A.006 and having a façade that faces a street except where additional signage is authorized on a monument sign or multi-tenant sign. For purposes of this section (12), "second-level" means the building floor level immediately above sidewalk-level. (c) Corner Business Establishments: One additional sign shall be allowed for each business establishment occupying corner space that faces two streets and is located on the sidewalk-level or second-level, provided such sign is oriented toward the additional street. 3. Area: Where a business establishment is permitted to have signs, the following regulations shall apply: (a) Sidewalk-Level and Second-Level Business Establishments:> The combined area of the signs except for that signage on monument signs or multi-tenant signs if allowed shall not exceed ten percent of the total area of the walls of the business establishment that face the street but at least 60 square feet of combined sign area is allowed for each business establishment. (b) Corner Business Establishments: The area of the additional sign authorized by subsection (12)b.2.(c) shall not exceed ten percent of the total area of the walls of such business establishment that face the additional street, or 60 square feet, whichever is less and this calculation shall exclude that signage on monument signs or multi-tenant signs if allowed. (c) No individual sign shall exceed 200 square feet except for wrap signs as provided for in (12)l. 4. Height: The height limitation set forth in Section 16-28A.007(m) may be exceeded as follows:

20-O-1381 Last Updated: 06/3/20 (a) Subject to subsection (12)b.4.(a) above; no portion of a sign for a sidewalk-level business establishment shall be located more than 40 feet in height above the elevation of the nearest sidewalk clear zone. (b) Subject to subsection (12)b.4.(a) above, no portion of a for a second-level business establishment shall be located more than 50 feet in height above the elevation of the nearest sidewalk clear zone provided that: (1) The sign shall be located directly above the independent entrance to the second-level use; or (2) The sign shall be located directly above or adjacent to windows for such second-level use. (c) Notwithstanding the permission for increased height in SPI-1, no portion of any sign shall extend above the top of the building upon which it is located. (d) Height of a wrap sign shall not extend 200 feet in height above ground level as prescribed in Section 16-28A.010(12)l. c. Freestanding Signs Prohibited: Freestanding signs shall not be permitted other than monument signs. d. Monument Signs: In addition to the signs otherwise authorized in this section (12), monument signs shall be authorized as a type of sign provided they meet each of the following standards: 1. For the purposes of this section (12), "monument sign" means a permanent sign not attached to a building and constructed directly and continuously upon the ground or a grade-level support structure with no separation between the sign and the ground or grade-level support structure. Monument signs shall not be supported by visible columns, uprights, poles or braces and shall be of continuous solid construction without holes, gaps or spacing. 2. One monument sign shall be authorized for each building meeting the following two requirements: (a) Building square footage: The building contains more than 25,000 square feet of gross floor area excluding parking areas; and (b) Large building setbacks: 50 percent or more of the sidewalk-level building façade that faces the street is located 15 feet or more from the adjacent required sidewalk clear zone, measured from the nearest point of said clear zone to the nearest point of the building, due to lawful nonconforming status of the building. 3. When buildings meeting the requirements of subsection (12)d.2. face two or more streets, two monument signs shall be authorized provided that each is oriented toward a different street. 4. Monument signs shall not exceed ten feet in height measured from the lowest point of the elevation of the nearest sidewalk clear zone or supplemental zone to the highest point of the monument sign. Monument signs shall not exceed four feet in length and two feet in width, measured from the outer edges of the monument sign structure. 5. Monument signs shall be located on private property except when expressly authorized to encroach into a public right-of-way by an encroachment agreement approved pursuant to Chapter 138 of the City Code, provided that under no circumstances shall a monument sign encroach into required sidewalk clear zones or visibility triangles. 6. All monument signs shall require approval through a Special Administrative Permit before a building permit can be issued.

20-O-1381 Last Updated: 06/3/20 e. Multi-Tenant Signs: In addition to the signs otherwise authorized in this section (12), buildings with three or more tenants shall be permitted one single building sign. Said sign shall be erected as a wall sign and shall not exceed 100 square feet in sign area. Where a building with three or more tenants faces two or more streets, two such multi-tenant signs shall be authorized provided that each is oriented toward a different street. f. Animated, Flashing, and Changing Signs: Except where prohibited in Subarea 6 Terminus and Subarea 7 Fairlie-Poplar, animated, flashing, and changing signs shall be permitted provided that no such sign shall be erected within 100 feet of an adjoining residential district if visible therefrom. g. Signs Extending Over Right-of-Way: Signs extending or projecting over any property line onto sidewalk or street right-of-way shall be subject to all other provisions of this chapter, of Part 16, and of any other applicable requirements of the Code of Ordinances of the City of Atlanta governing such signs. h. Billboard Signs Prohibited: Billboard signs shall not be permitted. i. Public Entertainment District signs: After temporary designation by the City Council of a Public Entertainment District, wrap and projection signs, as a type of building sign, shall be permitted only in Subareas 1, 5 and 7 and provided they meet each of the following standards: 1. Display: A projection sign shall project video from one location onto a building façade at a different location through use of a color projector(s). All wrap signs shall be constructed and erected as wall signs on a building or structure, including a pedestrian bridge. Each sign face shall be made of perforated one- way window tint/film that is fastened directly onto the exterior of the building façade through an adhesive and without use of any suspended cables or other fastening equipment. Freestanding wrap signs are specifically prohibited; 2. Number: No more than five wrap signs shall be permitted. No more than three projection signs shall be permitted. Projection signs are only permitted to project onto wrap signs. A permit may be issued that authorizes both a wrap and a projection sign. 3. Size: No wrap sign shall be less than 7,000 nor exceed 45,000 square feet in sign face area. Square feet in sign face area for projection signs may not exceed the square feet in area for the wrap sign it is projected on to. 4. Location: Projection signs are only permitted on buildings greater than 100 feet tall and must face and be visible from Centennial Olympic Park. Any building to which a wrap sign is affixed shall be on a parcel that has street frontage along Centennial Olympic Drive, Marietta Street or Peachtree Street. Any pedestrian bridge to which a wrap sign is affixed shall cross over Andrew Young International Boulevard; 5. Height: No portion of a wrap or projection sign shall be placed above, supported on, or extend above the roof of a building; and 6. Duration: The display of wrap or projection signs may commence no earlier than seven business days before the beginning of the entertainment event and shall be removed no more than five business days after the completion of the entertainment event. j. Building Signature Signs: 1. Museum Signature Signs: (a) Notwithstanding the restriction set forth in subsections 16-28A.007(p)(1) and 16-28A.007(p)(3) museum signature signs are allowed on museums with a gross floor area greater than 75,000 square feet

20-O-1381 Last Updated: 06/3/20 and such museums may combine the five percent allocation allowed for such signs on wall of the museum building. No other museum signature signs shall be allowed on other walls of the museum building where the option to combine the five percent per wall allocation is utilized to increase the size of the museum signature sign on any other wall of the museum building. (b) For the purposes of this district, a museum signature sign means a building signature sign on a museum. For the purposes of this definition, a museum is a facility meeting the following criteria; (1) Is used for educational or preservation purposes; (2) Owns utilizes tangible inanimate objects of historical or cultural significance; (3) Is organized for the care of those objects and exhibits them to the public on a regular schedule; (4) Interprets the cultural heritage or history of the city, the state or the nation, natural history, or the history of science, technology or business; (5) Devotes less than 15 percent of the floor area of the primary building for retail, restaurant or other commercial purposes, excluding any parking facilities. For the purposes of this definition, the "floor area" of a museum shall be measured in the same manner as the floor area of business, commercial and industrial buildings. (c) Enclosed displays constructed as a part of the design of museums that may be visible from the public right-of-way are permitted as a part of the educational or preservation purposes of the museum in that such displays are intended to represent significant contributions to the cultural heritage or history of the city, the state or the nation, natural history, or the history of science, technology or business. 2. Principal Occupant Occupancy Limits: Notwithstanding the restriction on occupancy limits in the definition of Principal Occupant in section 16-28A.004, a building tenant who occupies a minimum of 20 percent or 100,000 square feet of the floor space of a specific building that is available for occupancy shall be authorized to erect a building signature sign, provided all other restrictions set forth in Chapter 28A related to building signature signs are followed. k. Subarea 6 Terminus and Subarea 7 Fairlie-Poplar: The sign regulations for Subarea 6 Terminus and Subarea 7 Fairlie-Poplar shall be subject to the following additional limitations: 1. Multi-Tenant Signs: Multi-tenant signs authorized by subsection (12)e. shall be limited to 30 square feet in sign area. 2. Changing Signs: No changing signs shall be permitted, with the exception of theaters. 3. Canopy Signs: No internally illuminated canopy signs shall be permitted. 4. LSVD Signs: No LSVD signs shall be permitted. l. Wrap Signs: In addition to the signs otherwise authorized in this section (12), wrap signs shall be authorized only in Subareas 1 and 5 and provided they meet each of the following standards: 1. Wrap signs shall be erected only within a public entertainment district delineated and designated by city ordinance; for purposes of this subsection (12)l., the definition of public entertainment district in Section 16-28A.004 shall not apply. Such public entertainment district shall be a temporary designation that shall not exceed 30 consecutive days, and must be created only in association with an entertainment event that meets the following criteria: i. Occurs within SPI-1; ii. Occurs in a facility that seats at least 15,000;

20-O-1381 Last Updated: 06/3/20 iii. Has a duration of no greater than seven consecutive days; and iv. Is likely to have an economic impact on the city during the period of the event of not less than $25,000,000.00. 2. Only one wrap sign shall be authorized on each building façade. No wrap sign shall exceed 10,000 square feet in sign face area; 3. No building shall contain more than four wrap signs, nor contain more than 40,000 square feet in total sign face area; 4. All wrap signs shall be constructed and erected as wall signs on a building or structure, including a pedestrian bridge. Each sign face shall be made of perforated one-way window tint/film that is fastened directly onto the exterior of the building façade through an adhesive and without use of any suspended cables or other fastening equipment. Freestanding wrap signs are specifically prohibited; 5. No portion of a wrap sign shall extend 200 feet in height above ground level; provided further that no part of a wrap sign shall be placed above, supported on, or extend above the roof of a building; 6. The display of wrap signs may commence no earlier than three days before the beginning of the entertainment event and ending no more than two days after the completion of the entertainment event; and 7. Any building to which a wrap sign is affixed shall be on a parcel that has street frontage along either Marietta Street or Peachtree Street. Any pedestrian bridge to which a wrap sign is affixed shall cross over Andrew Young International Boulevard. m. Reserved (13) SPI-12 Buckhead/Lenox Stations District. It is the intention of these regulations to address the specific and unusual development patterns, building forms, and mix of uses which currently exist in this SPI district so as to regulate the size and location of signs, so that only businesses which are clearly intended by building form and placement to be a component part of a unified development or a development utilizing shared access.. a. General regulations: Signs within the SPI-12 Buckhead/Lenox Stations District are subject to the regulations set forth in this section (13). For purposes of this section (13), "street" means public right-of- way, private streets that function as public streets and pedestrian ways as defined by section 1618L.005. Other references in this section (13) to terms defined in section 16-18L.005 shall apply said definitions. b. Subarea 1 and 2: The sign regulations for Subareas 1 and 2 shall be as indicated below in subsections d. through i. c. Subarea 3: The sign regulations for Subarea 3 shall be the same as the sign regulations for residential districts set forth in section 16-28A.010(I). d. Building Signs: 1. Type: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs and marquee signs shall be permitted. Only one of the signs may be either suspended or projecting along each street frontage per business establishment, provided that corner business establishments may have two projecting signs limited to one projecting sign per street frontage. 2. Number:

20-O-1381 Last Updated: 06/3/20 (a) Sidewalk-level business establishments: A maximum of three building signs shall be allowed for each business establishment on the sidewalk-level of a building having frontage along a street. (b) Second-level and third-level business establishments: A maximum of two building signs shall be allowed for each second-level and third-level business establishment having a façade that faces a street. For purposes of this section (13), "second-level and third-level" means those building floor levels immediately above sidewalk-level. (c) Corner business establishments: One additional building sign shall be allowed for each business establishment occupying a corner space that faces two streets and is located on the sidewalk-level, second-level or third-level, provided such sign is oriented toward the additional street. 3. Area: Where a business establishment is permitted to have building signs, the following regulations shall apply: (a) Sidewalk-level, second-level and third-level business establishments: The combined area of the signs shall not exceed ten percent of the total area of the walls of the business establishment that face the street but at least 60 square feet of combined sign area is allowed for each business establishment. (b) Corner business establishments: The area of the additional sign authorized by subsection (13)d.2.(c) shall not exceed ten percent of the total area of the walls of such business establishment that face the additional street, or 60 square feet, whichever is less. (c) No individual sign shall exceed 200 square feet. 4. Height: The height limitation set forth in section 16-28A.007(m) may be exceeded for authorized building signs as follows: (a) No portion of a sign for a sidewalk-level business establishment shall be located more than 35 feet in height above the elevation of the nearest sidewalk walk zone or pedestrian path. (b) No portion of a sign for a second-level or third-level business establishment shall be located more than 50 feet in height above the elevation of the nearest sidewalk walk zone or pedestrian path provided that: (1) The sign shall be located directly above the independent entrance to the second-level or third-level use; or (2) The sign shall be located directly above or adjacent to windows for such second-level or third-level use. (c) No portion of any sign shall extend above the top of a building upon which it is located. 5. Multi-tenant Signs: In addition to the signs otherwise authorized, buildings with three or more tenants shall be permitted one single building sign. Said sign shall be erected as a wall sign and shall not exceed 100 square feet in sign area. Where a building with three or more tenants faces two or more streets, two such multi-tenant signs shall be authorized provided that each is oriented toward a different street. e. Monument Signs: For the purposes of this section (13), "monument sign" means a permanent sign not attached to a building and constructed directly and continuously upon the ground or grade-level support structure with no separation between the sign and the ground or grade-level support structure. Such signs shall not be supported by visible columns, uprights, poles or braces and shall be of continuous solid construction without holes, gaps or spacing and shall be authorized as a type of sign, subject to all restrictions and regulations generally applicable to all building signs provided they meet each of the following standards:

20-O-1381 Last Updated: 06/3/20 1. Number: One monument sign shall be authorized for each building that contains more than 25,000 square feet of gross floor area excluding parking areas except that no monument sign shall be authorized for any building that utilizes a regional shopping center sign or utilizes a nonconforming freestanding sign. When buildings which meet these criteria for a monument sign also face two or more streets, two monument signs shall be authorized provided that each is oriented toward a different street. Any sign copy appearing on a monument sign shall be counted against the number of signs and the total square footage of sign faces to which a business is otherwise entitled. 2. Location: Monument signs shall only be located on private property provided that under no circumstances shall a monument sign encroach into required sidewalk walk zones, pedestrian paths, or visibility triangles. 3. Size and Height: Monument signs shall not exceed 18 feet in length and two feet in width measured from the outer edges of the monument sign, and five feet in base height measured from the lowest point of the elevation of the nearest sidewalk clear zone or pedestrian path to the highest point of the monument sign. A vertical extension shall be permitted above the five feet maximum base height provided such extension does not exceed a total height of 18 feet (including the base height), eight feet in length and two feet in width, all measured in the same manner as stated above. Such signs, when located in the supplemental zone, shall not be situated in a manner that prohibits pedestrian circulation. 4. Affiliated Businesses and Affiliated Businesses Utilizing Shared Access: Businesses that are affiliated, such as through a unified development plan, or in the operation of their businesses through direct shared private street vehicular access to the same public street may utilize monument signs for signage on a monument sign located upon or within 20 feet of a drive lane of such shared vehicular access provided that such monument signage: (a) Shall be directly visible from such adjacent public street; (b) Shall be counted against the number of signs and the total square footage of sign faces to which a business utilizing such signage is otherwise entitled; and (c) Shall be subject to include notarized documentation acknowledging that the city will only issue permits that meet the criteria set forth in this subsection; that the city is not required to determine whether the requested space on any monument sign is available to such applicant for such use; and that such applicant is responsible for all arrangements with its business affiliates to allow the location of the sign which is the subject of the application on the monument sign. Further, the city's issuance of a sign permit pursuant to this subsection, which is, in part, based on the notarized documentation provided by the applicant: (1) Shall not be considered to be the city's decision that such permit has the effect to supersede, amend or modify private rights of ownership in the monument sign. (2) Shall not be considered to be the city's decision that such permit has the effect to supersede, amend or modify private rights in shared access as between any party with claims to the use of such private access. (3) Shall not give rise to any obligation of the city to defend its issuance of the permit because such issuance granted a vested right to a business to locate on any monument sign. While no sign may be located on any monument sign without a permit, the allocation of all private rights as to who may place a permitted sign on such monument sign shall at all times be finally determined by the contractual or ownership arrangements between the business affiliates with respect to such monument sign.

20-O-1381 Last Updated: 06/3/20 f. Building Signature Signs: Notwithstanding the restriction on occupancy limits in the definition of principal occupant in section 16-28A.004, a building tenant who occupies a minimum of 20 percent or 100,000 square feet of the floor space of a specific building that is available for occupancy shall be authorized to erect a building signature sign, provided all other restrictions set forth in Chapter 28A related to building signature signs are followed; provided however that building signature signs for tenants with qualifying square footage in a qualifying building in a unified development may be located on another building in such unified development under common ownership that meeting the requirements for building signature signs in this district provided that the building where the occupancy is located is on an immediately adjacent parcel to the building where the signs are to be erected, the building are not separated by a public right-of-way, and both buildings are served by common pedestrian access and shared parking facilities. g. Regional Shopping Center Signs: In lieu of authorized monument sign(s), a regional shopping center, as defined by section 16-18L.005, shall be permitted one single freestanding sign which may be a changing sign. Said sign shall not be located within the sidewalk walk zone or pedestrian path. Said sign shall not exceed 200 square feet in sign area and shall not exceed 35 feet in height above the elevation of the nearest sidewalk walk zone or 35 feet from the ground at the base of the structure to the tallest part of the structure, whichever greater. Where such regional shopping centers have frontage on two or more streets, one additional large shopping center sign shall be permitted provided that such additional sign is not a changing sign. h. Prohibited and/or Restricted Signs: 1. Billboard Signs Prohibited: Billboard signs shall not be permitted. 2. Freestanding Signs Prohibited: Freestanding signs shall not be permitted other than monument signs and regional shopping center signs, except that any freestanding sign lawfully constructed prior to the effective date of this chapter that is partially or fully destroyed by unintentional means such as fire, storm or other hazards may be reconstructed on its previous footprint to its previous height, size and location. 3. Animated, Flashing, and Changing Signs: Unless authorized as regional shopping center signs in subsection (13)g., animated, flashing, and changing signs shall be prohibited. 4. Signs Extending Over Pedestrian Ways: No sign shall extend into or project over an amenity zone, sidewalk walk zone, pedestrian path, or street right-of-way except if expressly authorized to encroach into a public right-of-way by an encroachment agreement approved pursuant to Chapter 138 of the City Code. i. All zero-lot-line attached single-family dwellings shall be allowed one sign per lot not to exceed two square feet in sign area. Said sign shall be mounted flat to the building or suspended. j. Regional Shopping Center Development Major Business Signs: 1. Where an authorized building sign for a business occupying and actively using over 80,000 square feet in a regional shopping center, as defined by section 16-18L.005, would be permitted on an exterior wall of such business, this authorized wall sign, projecting sign, canopy sign, parapet wall sign, suspended sign or marquee sign may be placed on a building on an immediately adjacent lot not separated from the regional shopping center by a public right-of-way. The relocated sign shall be considered in calculating the size and number of signs that would be permitted for the authorized business identified.

20-O-1381 Last Updated: 06/3/20 2. In lieu of an authorized building sign or an authorized monument sign, a business occupying and actively using over 80,000 square feet on a lot immediately adjacent to a regional shopping center, as defined by section 16-18L.005, not separated by a public right-of-way shall be permitted to place this authorized wall sign, projecting sign, canopy sign, parapet wall sign, suspended sign, marquee sign or monument sign for such business on the adjacent regional shopping center building or the lot containing the regional shopping center. The relocated signage shall be considered in calculating the size and number of signs that would be permitted for the authorized business identified. A relocated business building identification sign permitted to be relocated by this subsection 2 may be implemented as either one business building identification sign or one monument sign. If such relocated business building identification signage permitted is to be installed as a monument sign, it shall be located in an area visible from and adjacent to a private drive or pedestrian walkway providing access from the public right-of-way to such business. 3. No part of the signage permitted by subsections 1 and 2 may extend above the top of the building on which it is placed nor be located on portions of a building containing residential living area. Size of the signage permitted shall be determined pursuant to section 16-28A.010(13)(d)(3) and 16- 28A.010(13)(e)(3). (14) [Reserved.] (15) [Reserved.] (16) SPI-5 Inman Park District. For one- and two-family dwellings, the regulations for the R-1 through R-5 district shall apply; for multi-family dwellings, the regulations of the RG district shall apply. (17) S PI-6 Poncey-Highland District. For one- and two-family dwellings, the regulations for the R-1 through R-5 district shall apply; for multi-family dwellings, the regulations of the RG district shall apply. (18) SPI-8 Home Park District. The regulations of the R-1 through R-5 district shall apply. (19) SPI-9 Buckhead Village District. Signs shall be permitted in the SPI-9 District as follows: (a) Subarea Regulations: Specific subarea regulations may allow signage that is not permitted in other subareas or exceeds the height otherwise permitted by the Sign Ordinance. (i) Subarea 1: Core Village. The maximum height of any sign on any building frontage in Subarea #1 and along on Pharr Road may be 60 feet above adjacent sidewalk-level. (b) Definitions: For purposes of this section the following words, terms and phrases shall, when used in this section, have meanings ascribed to them in this article except where the context clearly indicates a different meaning: (i) Sidewalk-level: Shall be defined per section 16-18I.006(1). (ii) Public street: Any public right-of-way including such right-of-way that is only accessible by pedestrians. (iii) Private street: Any area that is fully accessible to vehicular traffic but that is not a public street and is not interior to a building or parking structure. (iv) Monument sign: A permanent sign not attached to a building and constructed directly and continuously upon the ground or a grade level support structure with no separation between the sign and the grade. Such signs shall not be supported by columns, uprights, poles or braces and shall be of

20-O-1381 Last Updated: 06/3/20 continuous solid construction without holes, gaps, or spacing; otherwise they shall be considered freestanding signs. (v) Freestanding sign: A sign that does not extend over any portion of a building and is not attached to a building or any structure other than its own support by one or more columns, uprights or braces in or upon the ground. (vi) Historic iconic sign: A roof sign erected on an establishment within the district, both of which were in continuous existence for at least 40 years prior to the creation of the district. (c) Type, Number, and Area of Business Identification Signs: (i) Type: Wall signs, projecting signs, canopy signs, parapet wall signs, monument signs, freestanding signs, suspended signs, and marquee signs shall be permitted. Building signature signs shall be permitted, subject to the restrictions set forth in section 16-28A.007(p) and section 16-28A.010(19)(a). Historic iconic signs shall be permitted, subject to the restrictions set forth in section 16-28A.010(19)(j). (ii) Number: (A) Three signs shall be allowed on the premises of active sidewalk level uses having a frontage along a public street or a private street where visible from a public street. One sign may be suspended from the wall or project over any frontage if approved in the manner required for its placement unless such signs are restricted by specific sub-area regulations. (B) Two signs shall be allowed on the premises of businesses located on a building floor above sidewalk-level and having a frontage along a public street or a private street where visible from a public street. One sign may be suspended from the wall or project over any frontage if approved in the manner required for its placement. (C) For businesses or having frontage on more than one public street or private street, one additional sign for the business establishment shall be permitted on the premises of such business, provided that no sidewalk level frontage contains more than three signs and no frontage above sidewalk level contains more than two signs. The total area of increase for any additional sign allowed by this subsection shall not cause all signs on a frontage to exceed ten percent of the area of the wall area of said building occupied by such business establishment on that frontage or 60 square feet, whichever is less. (iii) Area: The combined area of permitted signs shall not exceed ten percent of the total aggregate area of the walls that face the public right-of-way or which face a private drive and are visible from a public right-of-way provided however that at least 60 square feet of combined sign area is allowed. No individual sign shall exceed 200 square feet. (d) Maximum Height of Signs: Section 16-28A.007(m) shall be supplanted for SPI-9 by the following height limitations provided however that no portion of any sign shall extend above the top of the building upon which it is located where the building height is less than the height permitted for signs. (i) Where a business establishment is permitted to have signs, the following regulations shall apply: (ii) Sidewalk-level business establishments: For such establishments signs are permitted to a maximum height of 35 feet above the adjacent sidewalk-level. (iii) Above sidewalk-level business establishments: For such establishments signs are permitted to a maximum height of 50 feet above the lowest point of the adjacent sidewalk-level on that frontage provided that: (A) The sign shall be located directly above the independent entrance to the upper floor use; or

20-O-1381 Last Updated: 06/3/20 (B) The sign shall be located directly above or adjacent to windows for such upper floor use. (e) Pedestrian Directories: [Reserved.] (f) Shopping Center Signs: Shopping centers shall be permitted one sign in addition to the signs of the businesses therein. Said sign shall be erected as a wall sign or monument sign and shall not exceed 200 square feet in sign area. Where a shopping center has frontage on two or more streets, one additional wall sign or monument sign shall be permitted for each additional street frontage. (g) Signs Extending Over the Public Right-of-Way or Private Drives: Signs extending or projecting over any property line onto sidewalk or street right-of-way or extending over a private drive and visible from a public street shall not be permitted without the written permission of the department of public works transportation obtained according to their procedures for allowing such encroachments. Any suspended or projecting sign that extends into any private drive on the exterior of any building shall be reviewed and approved by the department of public workstransportation. (h) Billboard Signs Prohibited: Billboard signs shall not be permitted. (i) Animated, Flashing, Neon, Changing and Internally Illuminated: No animated, flashing, neon, changing signs or internally illuminated signs shall be allowed. (j) Notwithstanding anything to the contrary in sections 16-28A.009(7), 16-28A.010(19), or 16- 28A.014, a historic iconic sign is permitted within the district. Such sign may be re-located from its historic location to a new location within the district when the relocation is in connection with redevelopment of the historic location and the historic iconic sign is preserved in its historic form. Such requirement of preservation shall not preclude repairs and normal maintenance. (20) [Reserved.] (21) [PD-H, Planned Development-Housing District.] The following signs shall be permitted in the PD- H, Planned Development-Housing District: a. Number and Area of Signs: For a residential use, two permanent signs per lot shall be permitted. Each sign shall not exceed two square feet in sign area. One building sign per lot, which shall not exceed one square foot in sign area, shall be permitted. One permanent sign per planned development entrance shall be permitted and such sign shall not exceed 35 square feet in sign area. In addition, two temporary signs per lot shall be permitted, each not to exceed six square feet in size. b. Setback: Signs shall be mounted flat to the wall of the building or not nearer than 30 feet to the street property line, except that two temporary signs are permitted in any required yard. c. Height of Signs: No freestanding sign shall be higher than ten feet above ground level. d. Lighting of Signs: No sign shall be internally illuminated. No lighting shall be permitted which illuminates any area outside of the lot upon which said sign is located. e. Animated, Flashing, Changing Signs Prohibited: No animated, flashing, or changing signs shall be permitted. f. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. g. Billboard signs Prohibited: Billboard signs shall not be permitted. (22) [PD-MU, Planned Development-Mixed Use District.] The following signs shall be permitted in the PD-MU, (Planned Development-Mixed Use) District:

20-O-1381 Last Updated: 06/3/20 a. Number and Area of Building Signs: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted. A maximum of three building signs shall be permitted for each business establishment. The combined area of these permitted building signs shall not exceed ten percent of the total area of the wall of the front of each said business establishment, and in no case shall any individual sign exceed 200 square feet. Notwithstanding these provisions, every business establishment shall be entitled to at least 60 square feet total combined sign area. b. Building Signs on Corner Lots: For corner lots, one additional building sign for the business establishment occupying the corner space shall be permitted, provided it is oriented toward the additional street frontage. The total area of said sign shall not exceed ten percent of the total area of the wall of said building occupied by such business establishment and oriented toward the additional street frontage, or 60 square feet, whichever is less. c. Freestanding Signs: In addition to the building signs permitted in subsections a. and b. above, one freestanding sign shall be permitted for each lot. On interior lots, said freestanding sign shall not exceed 60 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said interior freestanding sign may be enlarged from said 60 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 100 square feet in total sign area. On corner lots, said freestanding sign shall not exceed 90 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said corner freestanding sign may be enlarged from said 90 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 130 square feet. d. Shopping Center Signs: In lieu of the freestanding sign permitted in subsection c. above, shopping centers shall be permitted one single freestanding sign. Said sign may be located within the required front yard setback. Said sign shall not exceed 200 square feet in sign area. Where a shopping center has frontage on two or more streets, one additional sign shall be permitted for each additional street frontage provided that such additional street does not face a residential district. e. Height of Signs: No freestanding sign shall exceed 30 feet in height above ground level, provided that when the ground level is lower than the level of the adjoining street pavement, a freestanding sign may be raised so as to be not more than 20 feet above the level of the pavement. f. Animated, Flashing, Changing Signs Prohibited: No animated, flashing, or changing signs shall be permitted. g. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. h. Billboard Signs Prohibited: Billboard signs shall not be permitted. i. Building Signature Signs: Subject to the restrictions set forth in section 16-28A.007(p). (23) [PD-OC, Planned Development-Office-Commercial District.] The following signs shall be permitted in the PD-OC (Planned Development-Office-Commercial) District: a. Number and Area of Building Signs: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted. A maximum of three building signs shall be permitted for each business establishment. The combined area of these permitted building signs shall not exceed ten percent of the total area of the front wall of each said business establishment, and in no case

20-O-1381 Last Updated: 06/3/20 shall any individual sign exceed 200 square feet. Notwithstanding these provisions, every business establishment shall be entitled to at least 60 square feet total combined sign area. b. Building Signs on Corner Lots: For corner lots, one additional building sign for the business establishment occupying the corner space shall be permitted, provided it is oriented toward the additional street frontage. The total area of said sign shall not exceed ten percent of the area of the wall of said building occupied by such business establishment and oriented toward the additional street frontage, or 60 square feet, whichever is less. c. Freestanding Signs: In addition to the building signs permitted in subsection a. and b. above, one freestanding sign shall be permitted for each lot. On interior lots, said freestanding sign shall not exceed 60 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said interior freestanding sign may be enlarged from said 60-square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 100 square feet in total sign area. On corner lots, said freestanding sign shall not exceed 90 square feet in sign area when located in the required front yard setback. If located within the buildable area of the lot, said corner freestanding sign may be enlarged from, said 90 square foot maximum at a rate of one additional square foot of sign area per additional linear foot of setback from the required front yard setback line, measured perpendicularly, up to a maximum of 130 square feet in total sign area. d. Shopping Center Sign: In lieu of the freestanding sign permitted in subsection c. above, shopping centers shall be permitted one single freestanding business identification sign. Said sign shall not exceed 200 square feet in sign area. Where a shopping center has frontage on two or more streets, one additional sign shall be permitted for each additional street frontage provided that such additional street frontage does not face a residential district. e. Height of Signs: No freestanding sign shall exceed 35 feet in height above the level of the surface of the pavement of the nearest lane of the main traveled way or 35 feet from the ground at the base of the structure to the tallest part of the structure, whichever is greater. f. Animated, Flashing or Changing Signs Prohibited: No animated, flashing, or changing signs will be permitted. g. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. h. Billboard Signs Prohibited: Billboard signs shall not be permitted. i. Building Signature Signs: Subject to the restrictions set forth in section 16-28A.007(p). (24) [PD-BP, Planned Development-Business Park District.] The following signs shall be permitted in the PD-BP (Planned Development-Business Park) District: a. Number and Area of Signs: Wall signs, projecting signs, canopy signs, parapet wall signs, suspended signs, and marquee signs shall be permitted. A maximum of one is permitted for each separate street frontage of each business establishment. Such sign shall not exceed 30 square feet in sign area. b. Setback: Signs shall be mounted flat to the wall of the building or not nearer than 20 feet to the street property line. c. Height of Signs: No freestanding sign shall be higher than 24 feet above ground level. d. Lighting of Signs: No sign shall be internally illuminated. No lighting shall be permitted which illuminates any area outside of the lot upon which said sign is located.

20-O-1381 Last Updated: 06/3/20 e. Animated, Flashing, Changing Signs Prohibited: No animated, flashing, or changing signs shall be permitted. f. Signs Extending Over Right-of-Way Prohibited: No sign shall extend or project over any property line onto sidewalk or street right-of-way. g. Billboard Signs Prohibited: Billboard signs shall not be permitted. h. Building Signature Signs: Subject to the restrictions set forth in section 16-28A.007(p). (25) Cabbagetown Landmark District. a. General Regulations: The following regulations shall apply to all property located within the Cabbagetown Landmark District: 1. Billboard signs shall not be permitted in the Cabbagetown Landmark District; and 2. No sign shall be permitted within the Cabbagetown Landmark District except after approval by the urban design commission of a certificate of appropriateness as specified in chapter 20 of this part. b. The Mill (Subarea 1): The sign regulations for the Mill (Subarea 1) shall be the same as the C-1 (Community business) district. c. Mill Housing (Subarea 2): The sign regulations for Mill Housing (Subarea 2) shall be the same as the regulations in section 16-28A.010(1), provided that: 1. Freestanding signs shall not be permitted except for institutional uses permitted within the subarea; 2. The location of the sign, unless otherwise specified within this subsection (25), shall be subject to the approval of the urban design commission simultaneously with the request for a certificate of appropriateness; 3. Where an existing building is located immediately adjacent to the street, such building shall be permitted to have one sign, projecting into the public right-of-way, subject to all other provisions of this part regarding projecting signs. d. Shotgun and Cottage Housing (Subarea 3): The sign regulations for shotgun and cottage housing (Subarea 3) shall be the same as the regulations in 16-28A.010(1), provided that: 1. Freestanding signs shall not be permitted except for institutional uses permitted within the subarea. 2. The location of the sign, unless otherwise specified within this subsection (25), shall be subject to the approval of the urban design commission simultaneously with the request for a certificate of appropriateness. 3. Where an existing building is located immediately adjacent to the street, such building shall be permitted to have one sign, projecting into the public right-of-way, subject to all other provisions of this part regarding projecting signs. e. Neighborhood Commercial/Services (Subarea 4): The sign regulations for Neighborhood commercial/services (Subarea 4) shall be the same as the C-1 (Community business) district, provided that: 1. Freestanding signs shall not be permitted except for institutional uses permitted within the subarea and shall not exceed ten feet above ground level.

20-O-1381 Last Updated: 06/3/20 2. Where an existing building is located immediately adjacent to the street, such building shall be permitted to have one sign, projecting into the public right-of-way, subject to all other provisions of this part regarding projecting signs. f. Transitional Commercial/Industrial (Subarea 5): The sign regulations for Transitional commercial/industrial (Subarea 5) shall be the same as the C-1 (Community business) district, except where commercial or industrial uses in this subarea abut residential usage, no sign shall exceed 20 feet above ground level. (26) Druid Hills Landmark District. The sign regulations for the Druid Hills landmark district shall be the same as the regulations in section 16-28A.010(1), provided that: a. No billboard signs shall be permitted in the Druid Hills landmark district. b. No sign shall be permitted within the Druid Hills landmark district except after approval by the urban design commission of a certificate of appropriateness as specified in chapter 20 of this part. c. One sign, not exceeding 20 square feet in sign area, shall be permitted for multi-family uses. d. For all other nonresidential uses permitted in this district, one sign per street frontage shall be permitted. Such sign shall not exceed 35 square feet in sign area. e. No sign shall be placed nearer than ten feet to the street property line. (27) M.L. King, Jr. Landmark District. The following signs shall be permitted in the M.L. King, Jr. landmark district: a. General Regulations: Notwithstanding any other individual district standards, all signs within the M.L. King, Jr. landmark district shall be subject to the following general regulations: (1) No billboard signs shall be permitted in the M.L. King, Jr. landmark district. (2) No freestanding signs shall be permitted in the M.L. King, Jr. landmark district. (3) No monument signs shall be permitted in the M.L. King, Jr. landmark district. (4) No LSVD signs shall be permitted in the M.L. King, Jr. landmark district. (5) No sign shall be permitted within the M.L. King, Jr. landmark district except after approval by the commission of a certificate of appropriateness as specified in Chapter 20 of this part. (6) Signs provided for contributing structures shall be designed in a manner that is compatible with the design, materials and general character of signage from the time period of historical significance for the structure. (7) Signs provided for non-contributing structures shall be designed in a manner that is compatible with the design, materials and general character of signage from the time period of historical significance for the district. b. Auburn Avenue Residential District (Subarea 1): The sign regulations for Auburn Avenue residential district (Subarea 1) shall be the same as the regulations in 16-28A.010(1), except that the location of the sign, unless otherwise specified within this subsection (27), shall be subject to the approval of the commission simultaneously with the request for a certificate of appropriateness. c. Residential District (Subarea 2): The sign regulations for Residential district (Subarea 2) shall be the same as the regulations in 16-28A.010(1), except that the location of the sign, unless otherwise specified within this subsection (27), shall be subject to the approval of the urban design commission simultaneously with the request for a certificate of appropriateness.

20-O-1381 Last Updated: 06/3/20 d. Institutional District (Subarea 3): The sign regulations for Institutional district (Subarea 3) shall be the same as the regulations for the O-I (Office-institutional) district, provided that: (1) The location of the sign, unless otherwise specified within this subsection (27), shall be subject to the approval of the commission simultaneously with the request for a certificate of appropriateness; (2) Where an existing building is located immediately adjacent to the street, such building shall be permitted to have one sign, projecting into the public right-of-way, subject to all other provisions of this part regarding projecting signs. e. Edgewood Avenue and Auburn Avenues Commercial District (Subarea 4): The sign regulations for Edgewood Avenue and Auburn Avenues Commercial District (Subarea 4) shall be the same as the regulations for the SPI-1 (Downtown) district provided that: (1) No individual sign shall exceed 100 square feet in sign area. (2) No projecting sign shall exceed eight square feet in sign area. (3) Sign location on the building shall correspond with that portion of the building owned or leased by the person erecting the sign. (4) Signs shall be located as follows: i. In the area of the storefront above the transom and below the second floor windows or centered between the transom and the cornice. ii. On or in display windows or upper façade windows. iii. On or in the glazing of the doors. iv. On the valance of awnings. v. On the fascia or top edge of canopies. vi. Projecting perpendicularly from the building. (5) Changing signs shall be prohibited. f. Transitional Zone (Subarea 5): The sign regulations for Transitional zone (Subarea 5) shall be the same as the regulations imposed by the underlying zoning designation of each property within this subarea, provided that no such sign shall be permitted except after approval by the commission of a certificate of appropriateness as specified in Chapter 20 of this part and no billboard sign shall be permitted in this subarea. (28) Washington Park Landmark District. The sign regulations for the Washington Park landmark district are as follows: a. No billboard signs shall be permitted in the Washington Park landmark district. b. No sign shall be permitted within the Washington Park landmark district except after approval by the urban design commission of a certificate of appropriateness as specified in chapter 20 of this part. c. No institutional sign shall exceed 35 square feet in sign area. d. No freestanding sign shall exceed ten feet above ground level. e. No internally illuminated signs shall be permitted. f. No sign displaying the name of a sponsor for any park improvement shall exceed two square feet in sign area.

20-O-1381 Last Updated: 06/3/20 (29) Oakland Cemetery Landmark District. The sign regulations for the Oakland Cemetery landmark district are as follows: a. No billboard signs shall be permitted in the Oakland Cemetery landmark district. b. No sign shall be permitted within the Oakland Cemetery landmark district except after approval by the urban design commission of a certificate of appropriateness as specified in chapter 20 of this part. c. No institutional sign shall exceed 35 square feet in sign area. d. No freestanding sign shall exceed ten feet above ground level. e. No internally illuminated signs shall be permitted. f. No sign for any cemetery improvement shall exceed two square feet in sign area. (30) Baltimore Block Landmark District. The sign regulations for the Baltimore Block landmark district shall be the same as the SPI-1 (Central core) district except that: a. No billboard signs shall be permitted. b. No sign shall be permitted within the Baltimore block landmark district except after approval by the urban design commission of a certificate of appropriateness as specified in chapter 20 of this part. c. No sign shall exceed 100 square feet in sign area except that a projecting sign shall not exceed eight square feet in sign area. d. Signs shall be located as follows: 1. On the valance of canopies; 2. Mounted flush against the façade of the building adjacent to the front entryway of the unit; or 3. Projecting perpendicularly from the building. e. No shopping center signs shall be permitted. f. No freestanding signs shall be permitted. g. No animated, flashing or changing signs shall be permitted. h. No internally illuminated signs shall be permitted. (31) West End Historic District. The regulations for the West End historic district shall be the same as the regulations for section 16-28A.010(1), provided that: a. No billboard signs shall be permitted in the West End historic district. b. No sign shall be permitted within the West End historic district except after approval by the urban design commission of a certificate of appropriateness as specified in chapter 20 of this part. c. One sign, not exceeding 20 square feet in sign area, shall be permitted for multi-family uses. d. For all other nonresidential uses permitted in this district, one sign per street frontage shall be permitted. Such sign shall not exceed 35 square feet in sign area. e. The location of the sign, unless otherwise specified within this subsection (31), shall be subject to the approval of the urban design commission simultaneously with the request for a certificate of appropriateness. f. For all legal, nonconforming commercial uses:

20-O-1381 Last Updated: 06/3/20 1. A maximum of three building signs shall be permitted for each business establishment. The combined area of these permitted building signs shall not exceed ten percent of the wall of the front of each said business establishment, and in no case shall any individual sign exceed 100 square feet. 2. No projecting sign shall exceed eight square feet in sign area. 3. Signs shall be located as follows: i. In the area of the storefront centered between the transom and the cornice. ii. On or in display windows. iii. On or in the glazing of the doors. iv. On the valance of the awnings. v. Projecting perpendicularly from the building. 4. No freestanding signs shall be permitted. 5. No animated, changing, or flashing signs shall be permitted. (32) Hotel Row Landmark District. The regulations for the Hotel Row landmark district shall be the same as the SPI-1 (Central core) district, provided that: a. No billboard signs shall be permitted in the Hotel Row landmark district. b. No sign shall be permitted within the Hotel Row landmark district except after approval by the urban design commission of a certificate of appropriateness as specified in chapter 20 of this part. c. No sign shall exceed 100 square feet in sign area except that a projecting sign shall not exceed eight square feet in sign area. d. Sign location on the building shall correspond with that portion of the building owned or leased by the person erecting the sign. e. Signs shall be located as follows: 1. In the area above the transom of the storefront and below the second floor windows. 2. On or in display windows or upper façade windows. 3. On or in the glazing of the doors. 4. On the valance of the awnings. 5. On the fascia or top edges of canopies. 6. Projecting perpendicularly from the building. f. No shopping center signs shall be permitted. g. No freestanding signs shall be permitted. h. No changing signs shall be permitted. i. No internally illuminated signs shall be permitted. (33) Adair Park Historic District. The following signs shall be permitted in the Adair Park Historic District: a. General Regulations. Signs within the Adair Park Historic District are subject to the following regulations:

20-O-1381 Last Updated: 06/3/20 1. No permit shall be issued for the erection of any sign prior to issuance of a certificate of appropriateness by the urban design commission pursuant to chapter 20. 2. No billboard signs shall be permitted in the Adair Park Historic District. b. Residential Subarea 1: The regulations for the Residential Subarea 1 shall be the same as the regulations in section 16-28A.010(1) except that the location of the sign, unless otherwise specified within this subsection (33), shall be subject to the approval of the urban design commission simultaneously with the request for a Certificate of Appropriateness. c. Transitional Commercial Subarea 2: The regulations for the Transitional Commercial Subarea 2 shall be the same as those for the C-1 (Community business) district, provided that: 1. Where an existing building is located immediately adjacent to the street, such building shall be permitted to have one sign, not exceeding eight square feet in sign area, projecting into the public right- of-way, subject to all other provisions of this part regarding projecting signs. 2. No freestanding sign shall exceed 20 feet in height above ground level. d. Transitional Industrial Subarea 3: The regulations for the Transitional industrial Subarea 3 shall be the same as those for the C-1 (Community business) district, provided that: 1. Where an existing building is located immediately adjacent to the street, such building shall be permitted to have one sign, not exceeding eight square feet in sign area, projecting into the public right- of-way, subject to all other provisions of this part regarding projecting signs. 2. No freestanding sign shall exceed 20 feet in height above ground level. (34) [Reserved.] (35) Grant Park Historic District. Except when otherwise explicitly provided, the provisions of chapter 28A of this part shall apply to this district. a. General Regulations Applicable to all Subareas: 1. No billboard signs shall be permitted in the Grant Park Historic District. 2. No animated, changing, or flashing signs shall be permitted in the Grant Park Historic District. 3. No internally illuminated signs shall be permitted in the Grant Park Historic District. b. Residential Subarea I: The regulations for the Residential Subareas shall be the same as the regulations in section 16-28A.010(1) provided that: 1. No permit shall be issued for the erection of any sign prior to the issuance of a Certificate of Appropriateness by the commission pursuant to chapter 20. 2. The location of the sign, unless otherwise specified within this subsection (35), shall be subject to the approval of the commission simultaneously with the request for a Certificate of Appropriateness. 3. Any nonresidential zoned property shall comply with the regulations for the Commercial Subarea II, as set forth in [sub]section 16-28A.010(35)c. c. Commercial Subarea II: The regulations for the Commercial Subarea II shall be the same as those for the C-1 (Community Business) district, provided that: 1. No permit shall be issued for the erection of any sign prior to the issuance of a Certificate of Appropriateness by the commission pursuant to chapter 20.

20-O-1381 Last Updated: 06/3/20 2. The location of the sign, unless otherwise specified within this subsection (35), shall be subject to the approval of the commission simultaneously with the request for a Certificate of Appropriateness. 3. Where an existing building is located immediately adjacent to the street, such building shall be permitted to have one sign, not exceeding eight square feet in sign area, projecting into the public right- of-way, subject to all other provisions of this part regarding projecting signs. d. Transitional Industrial Subarea III: The regulations for the Transitional Subarea III shall be the same as those for the I-1 (Light industrial) district, except as otherwise specified within this subsection (35). (36) NC (Neighborhood Commercial) District. The regulations for the NC District shall be the same as the regulations in subsection (5) C-1 (Community Business District), provided that: a. No freestanding signs shall be permitted. b. No shopping center signs shall be permitted. c. In addition to the NC District general sign regulations, the following shall also apply to the Cascade Heights NC-6 District: 1. Wall signs and parapet wall signs shall be flush against the wall and shall not cover architectural building ornamentation and shall be internally illuminated or lit from behind (i.e. halo lighting) or externally illuminated but lighting shall be projected onto the sign from an ornamental light fixture attached above the wall sign (i.e. gooseneck lighting). In no event shall the light produce spillage onto adjacent property. Notwithstanding the general prohibition on freestanding signs in NC districts, businesses located in structures originally built as single-family dwellings may erect, in lieu of a wall sign, one freestanding sign. The freestanding sign shall be no greater than 20 square feet in size, no taller than six feet in height, and be set back from the property line at least 15 feet. The freestanding sign shall be permanently anchored to the ground by at least 4x4 painted posts on both ends of the signs. Any lighting of the freestanding sign shall not be internally illuminated but shall be projected onto the sign from the ground or from an ornamental light fixture attached to the top of the freestanding sign (i.e. gooseneck lighting). In no event shall the light produce spillage onto adjacent property. 2. Blade signs shall not extend five feet beyond the building façade. 3. Placement: Signage including window signs and incidental window signs shall not be permitted on building façades facing side or rear property lines directly adjacent to residential districts or uses when tenant signage may be provided on other building façades. 4. Window signs: i. Definition: The following definitions as well as all other definitions set forth in the Sign Ordinance shall apply within the District. 1. Window sign: Any sign that is placed on, affixed to, painted on or located either on the exterior of a window or glass pane or within the casement or sill area of a window or glass pane or within three feet therein and is visible from the exterior of the structure; but not including any lawful display of merchandise in its original packaging. ii. Type, number, area, removal: Window signs, as defined herein, shall not require a sign permit prior to display but shall only be permitted as follows: 1. Not more than one window sign per façade per establishment shall be allowed. Each individual window sign or incidental window sign shall not be larger than four square feet. In no event shall one or more such signs cover more than 25 percent of the area of each window or glass pane in which a sign is

20-O-1381 Last Updated: 06/3/20 placed. Such signs shall not be illuminated. Window signs shall not be counted toward any wall sign total square footage allowed by the underlying zoning district sign regulations. 2. Any window sign in excess of the number allowed herein that was in lawful existence prior to the effective date of this amendment shall be removed within a reasonable period of time so as to allow recoupment of cost to the sign owner. Cost shall be evidence by receipts or other evidence of actual cost in procuring the window sign. Removal shall be as follows: a. Any window sign with a cost of $100.00 or less shall be removed within 30 days of the effective date of this amendment. b. Any window sign with a cost of greater than $100.00 and less than $5000 shall be removed within 120 days of the effective date of this amendment. c. Any window sign with a cost of equal to or greater than $5000.00 shall be removed within one year of the effective date of this amendment. 5. Removal of legal, nonconforming freestanding signs and sign faces: i. Within 30 days of the cessation of a business, each sign face associated with said ceased business shall be removed from any on-premise freestanding sign structure. Cessation of business shall be measured from the expiration of the business license. Each on-premise freestanding sign face for any business not in operation on the date of this ordinance shall have 30 days thereafter to remove said sign face(s). Operation of a business shall be evidence by a business license. ii. Within 90 days of the cessation of a business, or adoption of this ordinance, whichever is greater, any freestanding sign structure shall be removed if no business, as evidenced by a business license, occupies the premises on which the freestanding sign is located. Cessation of business shall be measured no later than from the expiration of the last business license associated with the premise. iii. Within 90 days of issuance of a business license for new on-premise business establishments that do not utilize an existing freestanding sign, said freestanding sign structure shall be removed. (37) SPI 16 Midtown District. The following signs shall be permitted in the SPI 16 Midtown District: a. The regulations for SPI 16 Midtown District section 16-18P.028 (Specific regulations for Subarea 1: Midtown Commercial) shall be the same as the regulations in subsection (6) C-2 (Commercial Service) District, provided that: i. No freestanding signs shall be permitted. ii. No shopping center signs shall be permitted. iii. Large Screen Video Displays in Mixed Use Technology Centers. Despite any language to the contrary in Chapter 28A, the use of Large Screen Video Display (LSVD) utilizing full motion video technology consisting of a matrix board behind which computerized lights are projected to form images, as for a television, shall be a permitted wall sign on a building within a Mixed Use Technology Center that meets the following criteria: 1. A Mixed Use Technology Center exceeds 700,000 square feet and consists of the following mix of uses: (a) at least 500,000 square feet of office floor area, a portion of which is leased to a university system of Georgia tenant and the remainder is available for lease by technology companies; (b) at least 50,000 square feet of floor area used as a high-performance computing space or data center;

20-O-1381 Last Updated: 06/3/20 (c) at least 20,000 square feet of retail space with at least 15,000 square feet being street level retail; and (d) at least 20,000 square feet devoted to an outdoor public plaza; and 2. the LSVD sign: (a) shall be located on a wall facing the public outdoor public plaza; provided however that the LSVD sign may also be incidentally visible from a public street; and (b) shall not create greater hazards or distractions to drivers than other uses or building features permitted by Chapter 16 of the Code. b. The regulations for SPI 16 Midtown District section 16-18P.029 (Specific regulations for Subarea 2: Midtown Residential) and SPI 16 Midtown District section 16-18P.030 (Specific regulations for Subarea 3: Juniper East) shall be the same as the regulations in subsection (3) RLC (Residential Limited Commercial) District, provided that: i. No freestanding signs shall be permitted. ii. No shopping center signs shall be permitted. iii. Signs may be located as near to the street property line as the nearest building. (38) SPI 17 Piedmont Avenue District. The following signs shall be permitted in the SPI 17 Piedmont Avenue District: a. The regulations for SPI 17 Piedmont Avenue District section 16-18O.027 (Specific regulations for Subarea 3: 10th and Piedmont) shall be the same as the regulations in subsection (6) C-2 (Commercial Service) District, provided that: i. No freestanding signs shall be permitted. ii. No shopping center signs shall be permitted. b. The regulations for SPI-17 Piedmont Avenue District section 16-18Q.025 (Specific regulations for Subarea 1: 14th and Piedmont), section 16-18O.026 (Specific regulations for Subarea 2: Piedmont North) and section 16-18O.028 (Specific regulations for Subarea 4: Piedmont South) shall be the same as the regulations in subsection (3) RLC (Residential Limited Commercial) District, provided that: i. No freestanding signs shall be permitted. ii No, shopping center signs shall be permitted. iii. Signs may be located as near to the street property line as the nearest building. iv. In Subarea 4, the maximum sign size for a bed and breakfast inn use shall not exceed eight square feet. (39) SPI 15 Lindbergh District. The following signs shall be permitted in the SPI 15 Lindbergh District: a. The regulations for section 16-18O.028 (Specific regulations for commercial subareas) shall be the same as the regulations in subsection (6) C-2 (Commercial Service) District, provided that: i. No freestanding signs shall be permitted. ii. No shopping center signs shall be permitted. b. The regulations for section 16-18O.029 (Specific regulations for residential subareas) shall be the same as the regulations in subsection (3) RLC (Residential Limited Commercial) District, provided that: i. No freestanding signs shall be permitted.

20-O-1381 Last Updated: 06/3/20 ii. No shopping center signs shall be permitted. iii. Signs may be located as near to the street property line as the nearest building. (40) LW (Live Work) District. The regulations for the LW district shall be the same as the regulations in subsection (3) R-LC (Residential Limited Commercial) District, provided that: a. Signs extending over the right-of-way are prohibited. No sign shall extend or project over any property line onto sidewalk or street right-of-way, except that signs may extend over the supplemental zone. b. No freestanding signs shall be permitted for new developments. One freestanding sign per property shall be permitted for pre-existing principal structures setback a minimum of 40 feet from the property line with street frontage. Said freestanding sign shall not be located in the sidewalk street furniture zone or clear zone, and shall not exceed 48 square feet in sign area and a height of 15 feet. (41) MRC (Mixed Residential Commercial) District. The regulations for the MRC District shall be the same as the regulations in subsection (6) C-2 (Commercial Service) District, provided that; a. No freestanding signs shall be permitted for new developments. One freestanding sign per property shall be permitted for pre-existing principal structures setback a minimum of 40 feet from the property line with street frontage. Said freestanding sign shall not be located in the sidewalk street furniture zone or clear zone, and shall not exceed 48 square feet in sign area and a height of 15 feet. b. No shopping center signs shall be permitted. c. Building signature signs: Subject to the restrictions set forth in section 16-28A.007(p). (42) MR (Multi-Family Residential) District. The regulations for the MR district shall be the same as the regulations in subsection (3) RLC (Residential Limited Commercial) District, provided that: a. No freestanding signs shall be permitted for new developments. One freestanding sign per property shall be permitted for pre-existing principal structures setback a minimum of 40 feet from the property line with street frontage. Said freestanding sign shall not be located in the sidewalk street furniture zone or clear zone, and shall not exceed 48 square feet in sign area and a height of 15 feet. b. No shopping center signs shall be permitted. c. Signs may be located as near to the street property line as the nearest building. d. Building signature signs are permitted subject to the restrictions set forth in section 16-28A.007(p). (43) SPI-18 Mechanicsville Neighborhood District. The following signs shall be permitted in the SPI- 18 Mechanicsville Neighborhood District: a. The regulations for SPI-18 Mechanicsville District for Subareas 1, 2, 3 and 10 shall be the same as the regulations in subsection (5) C-1 (Community Business) District, provided that: i. No freestanding signs shall be permitted. ii. No shopping center signs shall be permitted. b. The regulations for SPI-18 Mechanicsville District Subareas 4 shall be the same as the regulations in subsection (2) R-G (Residential General) District. c. The regulations for SPI-18 Mechanicsville District Subareas 5 and 6 shall be the same as the regulations in subsection (1) R-1 through R-5.

20-O-1381 Last Updated: 06/3/20 d. The regulations for SPI-18 Mechanicsville District Subareas 7 and 8 shall be the same as the regulations in subsection (10) I-1 (Light Industrial) District except that billboard signs are prohibited. (44) Oakland City Historic District. The following regulations shall apply to the Oakland City Historic District. (1) Except when otherwise explicitly provided, the provisions of chapter 28A of this part shall apply to this district. (2) The regulations for this district shall be the same as the regulations in section 16-28A.010(1), provided that: (a) No permit shall be issued for the erection of any sign prior to the issuance of a certificate of appropriateness by the commission pursuant to chapter 20; and (b) The location of the sign, unless otherwise specified within this subsection (44), shall be subject to the approval of the commission simultaneously with the request for a certificate of appropriateness by the commission pursuant to chapter 20. (3) No billboard signs shall be permitted in the Oakland City Historic District. (4) No animated, changing, or flashing signs shall be permitted in the Oakland City Historic District. (5) No internally illuminated signs shall be permitted in the Oakland City Historic District. (45) [Reserved.] (46) SPI 20 Greenbriar Town Center District. The following signs shall be permitted in the SPI 20 Greenbriar Town Center District: a. The regulations for SPI 20 Greenbriar Town Center District Subareas 1, 2, and 3 shall be the same as the regulations in Subsection (41) MRC (Mixed Residential Commercial) District 3, except as otherwise set forth in subsection b. b. Where a shopping center is located on a parcel larger than 50 acres and the structures on the parcel exceed 500,000 square feet, such use may be allowed signage which meets the requirements of this subsection: (i) Four freestanding monument style signs each not exceeding 200 square feet in sign area and not exceeding 20 feet in height above the level of the surface of the pavement of the nearest lane of vehicular travel of the adjacent street or 20 feet from the ground at the base of the structure to the tallest part of the structure whichever is greater. The signs may be internally lighted but shall not be changing signs: (ii) The freestanding monument style shopping center signs permitted by this subsection may be installed in any required yard but shall be located at least 20 feet from the curb line when adjacent to a street to allow for the future installation of sidewalks and must otherwise meet the requirement set forth in this part as to visibility at intersections. (iii) Each freestanding monument style shopping center sign permitted by this subsection shall be separated from any other such sign by a minimum of 500 feet of frontage along the same street when such sign is located in a required yard but this distance requirement may be reduced to 200 feet for signs located on different streets. (iv) Where such shopping center has existing signage which faces limited access roadways. One existing sign may be converted to a changing sign, which may utilize any technology allowed by the

20-O-1381 Last Updated: 06/3/20 sign ordinance provided however that neither the size of the sign face nor the height of the sign shall increase. The converted sign shall not be counted in the inventory of permitted monument style shopping center signs and shall be a conforming sign. (v) Any existing signage which faces limited access roadways, not converted to a changing sign, shall be considered non-conforming and shall not be counted in the inventory of permitted monument style shopping Center signs. (47) SPI-11 Vine City and Ashby Station District. The following signs shall be permitted in the SPI-11 Vine City and Ashby Station District: a. Subarea 1: Ashby Station Shopping Subarea: The sign regulations are the same as those for the C-1 (Community Business) District; See section 16-28A.010(5). b. Subarea 2: Martin Luther King, Jr. Drive-Ashby Street Commercial Subarea: The sign regulations are the same as those for the C-1 (Community Business) District; see section 16-28A.010(5). c. Subarea 3: University Center Office-Institutional Subarea: The sign regulations are the same as those for the O-I (Office-Institutional) District; See section 16-28A.010(4). d. Subareas 4, 5 and 6: University Residential, Ashview Heights Residential and Washington Park Single-Family Residential Subareas: The sign regulations are the same as those for the R-1 (Single- Family Residential) District; see section 16-28A.010(1). For bed and breakfast inn uses the sign regulations shall be the same as the regulations for the RLC (Residential Limited Commercial) district provided that the maximum sign size shall not exceed eight square feet and no freestanding signs shall be permitted. e. Subarea 7: Vine City Single-Family Residential Subarea: The sign regulations are the same as those for the R-1 (Single-Family Residential) District; see section 16-28A.010(1). For bed and breakfast inn uses the sign regulations shall be the same as the regulations for the RLC (Residential Limited Commercial) district provided that the maximum sign size shall not exceed eight square feet and no freestanding signs shall be permitted. f. Subarea 8: Vine City Multi-Family Residential Subarea: The sign regulations are the same as those for the MR (Multi-Family Residential) District; see section 16-28A.010(42). g. Subareas 9, 10, 11 and 12: Simpson Mixed Use, Lowery Mixed Use, Vine City Neighborhood Commercial and Northside Mixed Use Subareas: The sign regulations are the same as those for the MRC (Mixed Residential Commercial) District; see section 16-28A.010(41). (48) SP121 Historic West End/Adair Park District. The following signs shall be permitted in the SPI 21 Historic West End District: a. The regulations for SPI 21 Historic West End/Adair Park District Subareas 1 and 2 shall be the same as the regulations in subsection (41) MRC (Mixed Residential Commercial) District. b. The regulations for SPI 21 Historic West End/Adair Park District Subareas 3 and 4 shall be the same as the regulations in subsection (36) NC (Neighborhood Commercial) District. c. The regulations for SPI 21 Historic West End/Adair Park District Subareas 5 and 6 shall be the same as the regulations in subsection (42) MR (Multi-family Residential) District. d. The regulations for SPI 21 Historic West End/Adair Park District Subarea 7 shall be the same as the regulations in subsection (1) Single-Family Residential District.

20-O-1381 Last Updated: 06/3/20 e. The regulations for SPI-21 Historic West End District Subarea 8 shall be the same as the regulations in subsection (4) O-I (Office-Institutional) District, except: i. No freestanding signs shall be permitted. ii. No shopping center signs shall be permitted. iii. Monument signs shall be permitted as set forth in subsection h. iv. Changing signs shall be permitted as set forth in subsection h. f. The regulations for SPI 21 Historic West End District Subarea 9 shall be the same as the regulations in subsection (40) LW (Live Work) District. g. The regulations for SPI 21 Historic West End District Subarea 10 shall be the same as the regulations in subsection (8) C-4 (Commercial Residential) District, except that: i. No freestanding signs shall be permitted. ii. No shopping center signs shall be permitted. h. Monument signs: A permanent sign not attached to a building and constructed directly and continuously upon the ground or a grade-level support structure with no separation between the sign and the ground or grade-level support structure may be permitted in Subarea 8 as a type of building identification sign to be referred to as a "monument sign" provided however that such signs shall meet all of the following criteria. The foregoing definition and following criteria are not intended to permit monument signs elsewhere in SPI 21 or elsewhere in the city. i. Monument signs shall be permitted only for buildings larger than 75,000 square feet. ii. Monument signs shall not be supported by visible columns, uprights, poles or braces and shall be of continuous solid construction without holes, gaps or spacing. iii. Only one monument sign is permitted for any building. iv. Monument signs for facilities that offer concerts, live theater, movies, and similar cultural events which offer scheduled performances or limited periods of display may include a maximum of two faces which may use changing sign technology Such changing sign components shall only appear on two sides and no face shall exceed 25 square feet. v. Monument signs meeting all criteria set forth in this subsection may be located on public property when expressly authorized to encroach into a public right-of-way by an encroachment agreement approved pursuant to Chapter 138 of the City Code, provided that under no circumstances shall a monument sign encroach into required sidewalk clear zones or visibility triangles. Where any monument sign which is requested to encroach on public property, the time required to obtain an encroachment agreement shall not be considered a part of the time spent in review the sign application. (49) Castleberry Hill Landmark District. The sign regulations for the Castleberry Hill Landmark District shall be the same as those in Section 16-28A.010(5) (C-1 Community Business District), provided that: 1. No billboard signs shall be permitted in the Castleberry Hill Landmark District. 2. No sign shall be permitted within the district except after approval by the urban design commission of a certificate of appropriateness as specified in chapter 20 of this part.

20-O-1381 Last Updated: 06/3/20 3. The location of the sign, unless otherwise specified within this subsection (49), shall be subject to the approval of the urban design commission simultaneously with the request for a certificate of appropriateness. 4. Sign location on the building shall correspond with that portion of the building owned or leased by the person erecting the sign. 5. Signs shall be located as follows: i. In the area of the storefront above the transom and below the second floor windows or centered between the transom and the cornice; ii. On or in display windows or upper façade windows; iii. On or in the glazing of the doors; iv. On the valance of awnings; v. On the fascia or top edge of canopies; or vi. Projecting perpendicularly from the building. 6. Where a principal structure is located immediately adjacent to the street, each business establishment shall be permitted to have one sign that does not exceed eight square feet in sign area that projects into the public right-of-way, subject to all other provisions of this part regarding projecting signs. This projecting sign shall be considered one of the three signs allowed for each business establishment. 7. Freestanding or shopping center signs shall be permitted in Subarea 2 of the district, provided that they are no taller than the principal structure or 20 ft., whichever is less. 8. The combined area of these permitted building signs shall not exceed ten percent of the total area of the front wall of each said business establishment, and in no case shall any individual sign exceed 200 square feet. Notwithstanding these provisions, every business establishment shall be entitled to at least 60 square feet total combined sign area. 9. No changing signs shall be permitted. 10. No internally illuminated signs shall be permitted. (50) SPI-22 Memorial Drive/Oakland Cemetery District. The regulations for SPI-22 Memorial Drive/Oakland Cemetery District for Subareas 1, 2, 3, 4, and 5 shall be the same as the regulations in Subsection (5) C-1 (Commercial Service) District, with the following supplemental regulations: i. No freestanding signs shall be permitted for new developments. One freestanding sign per property shall be permitted for pre-existing principal structures setback a minimum of 40 feet from the property line with street frontage. Said freestanding sign shall not be located in the sidewalk street furniture zone or clear zone, and shall not exceed 48 square feet in sign area and a height of 15 feet. ii. No shopping center signs shall be permitted. iii. No internally illuminated signs shall be permitted. iv. Notwithstanding the provisions of subsection 16-28A.010(5)(g), signs may project over the sidewalk clear zone for any section of the clear zone that is privately owned or over the supplemental zone, when a vertical clearance of eight feet between the bottom of the sign and the sidewalk pavement is provided.

20-O-1381 Last Updated: 06/3/20 v. Maximum Height of Signs: The height of signs shall comply with the provisions of subsection 16- 28A.007(b)(9)(m), except that for 2nd story tenants may extend to a maximum of 40 feet above ground- level provided that: i. The sign shall be located directly above an independent sidewalk-level entrance to the 2nd story tenant; or ii. The sign shall be located directly above the storefront windows for the 2nd story tenant. (51) Historic Sears Roebuck & Co. Sign District. a. Creation of District: There is created within Chapter 28A the Historic Sears Roebuck & Co. Sign District, which applies to the property within the City of Atlanta currently known as 675 Ponce de Leon Avenue where a brick structure was constructed in 1926 and later expanded to house the operations of Sears Roebuck & Co. and which later became known as City Hall East. The boundaries of the district are shown on the Historic Sears Roebuck & Co. Sign District Map, which is incorporated into and made a part of this chapter and this section. It is the intention of these regulations to address the specific and unique building forms, mass, and scale of the district and regulate the size and location of signs so as to allow signs which are part of a sign plan prepared for the district and approved by the National Park Service while accomplishing the goals of this chapter and maintaining the separation between on-site and off-site advertising. All signs within the district as set forth in the sign plan are permitted under the regulations set forth in this section (51) even where the erection of such signs might otherwise be in conflict with the chapter Where a sign is specifically prohibited by this section, such prohibition shall be in addition to any prohibition otherwise set forth in this section. b. Definitions: For the purpose of this section (51), the following definitions shall apply, provided however that other definitions set forth in the chapter may be used to assist with interpretation of this section, further provided that the definitions set forth in this section are intended to control because of their specific application to the district and the sign types permitted therein; 1. Blade sign means a sign attached vertically to a metal blade arm extending horizontally from the building face. 2. Building sign means a type of business identification sign that is allowed in this district to identify the large scale buildings which are part of this development on buildings which are less than four stories. 3. Extended sign means a sign attached to a parapet wall or other wall and extending above the top of the wall. 4. Historic etched sign means a building business identification sign or incidental sign consisting of a sign face etched into the façade of the building that was in existence during the period in which Sears Roebuck & Co. business operations were conducted in the building. 5. Historic iconic sign means a building signature sign erected on the roof of the Historic Sears Roebuck & Co. Building in substantially the location and massing as the Sears Roebuck & Co. sign that previously existed during the period in which Sears Roebuck & Co. business operations were conducted in the building and used for the same purposes as building signature signs. 6. Historic Sears Roebuck & Co. Building (the " Building ") means the brick building constructed in 1926 and later expanded and which has been approved for placement on the National Register of Historic Places, as shown on the Historic Sears Roebuck & Co. Sign District Map. 7. Monument sign means a permanent sign not attached to a building and constructed directly and continuously upon the ground or a grade-level support structure with no separation between the sign and

20-O-1381 Last Updated: 06/3/20 the ground or support structure. Monument signs shall not be supported by visible columns, uprights, poles, or braces and shall be of continuous solid construction without holes, gaps, or spacing. 8. Pylon sign means a vinyl sign attached vertically to a metal pylon located in the supplemental zone on private property. 9. Property owner sign means a sign face installed on a sign structure allowed in this district and authorized by the sign plan that is not in use by a tenant as a business identification sign. 10. Sign plan means the comprehensive and uniform elevations, architectural designs, and sign legend for signage approved for this district and applicable to the buildings constructed by Sears Roebuck & Co. and existing in the Historic Sears Roebuck & Co. Sign District as of January 1, 2014. c. Signs: 1. Types: Wall signs, projecting signs, canopy signs, monument signs, extended signs, blade signs, and pylon signs shall be permitted as business signs. Building signs shall be permitted for the property owner's business located within the district. 2. Number: The total number of signs shall not exceed the number identified in the sign plan for each type of sign. Each tenant may be assigned a maximum of three signs in accordance with the procedure set forth for permitting of signs in this district. A business establishment located at the corner of a building may be assigned one additional business identification sign by the property, owner, said sign to be oriented toward the additional frontage. 3. Height: The height of signs shall not exceed the height specified in the sign plan for each type of sign. 4. Area: The total area of any business identification signs in the district shall not exceed the square footage specified in the sign plan for each type of sign. 5. Adjacency: A sign is permitted to be erected only to identify the business of the property owner or tenants of the building but the assignment of sign locations is controlled by the sign plan. 6. Assignment of Sign Locations: Applicants seeking a permit for a sign in this district shall submit an application on a form to be developed for this district by the office of buildings, which shall require certification by the property owner that the requested sign face, size, height, number, and location are authorized by the property owner. The sign copy to be displayed shall be included in the application. One or more signs for a business establishment may be installed in a location other than the premises of the business establishment if so authorized by the property owner. d. Building Signature Signs: 1. Types: Wall signs, projecting signs, and an historic iconic sign are permitted as building signature signs. 2. Number: One historic iconic sign as identified in the sign plan is permitted. One building signature sign is permitted on each side elevation of the building. 3. Height: The height of a building signature sign shall not exceed the height specified in the sign plan for each type of sign. 4. Area: The total area of the permitted historic iconic sign and the building signature signs in the district shall not exceed the gross square footage specified in the sign plan. e. Prohibited and Restricted Signs:

20-O-1381 Last Updated: 06/3/20 1. Billboard Signs: Billboard signs shall not be permitted other than as specified in the sign plan. 2. Animated, Flashing, and Changing Signs: Animated, changing, and flashing signs shall not be permitted. 3. Freestanding Signs: Freestanding signs other than incidental signs, pylon signs, and monument signs specified in the sign plan shall not be permitted. f. Monument Signs: 1. Number: Monument signs as defined in this section (51) shall be authorized not to exceed the number specified in the sign plan and shall be installed on private property provided that under no circumstances shall a monument sign encroach into required sidewalk clear zones, pedestrian paths, or visibility triangles. 2. Height: The height of monument signs shall not exceed the height specified in the sign plan for each type of monument sign. 3. Area: The total area of each monument sign shall not exceed the square footage specified in the sign plan for that type of monument sign. 4. Shared Access and Assignment of Sign Locations: Monument signs may include business identification signage for multiple businesses located in the district. Applicants seeking a permit for a business identification sign on a monument sign in this district shall submit an application on a form to be developed for this district by the office of buildings, which shall require certification by the property owner that the requested sign face and location are authorized by the property owner. g. Incidental Signs: Incidental signs are permitted. h. Historic Etched Signs: Historic etched signs are permitted to remain undisturbed as a non- conforming characteristic of the previous use and shall not require a permit. i. Sign Lighting: 1. Signs may be externally lit from the top or the bottom and the lighting shall be directed onto the sign face. All sources of light associated with a sign shall be effectively shielded from adjacent properties zoned R-1 through R-5, RG, or MR. 2. Signs may be lit in any of the following ways: halo-lit, exposed neon, exposed light bulbs, internally illuminated letters, and externally illuminated letters. j. Property Owner Signs: Property owner signs are permitted to be used by the property owner, the property owner's business within the district, or an event or activity occurring within the district. k. New Buildings: For any building constructed in the district after the effective date of creation of this district, the signage shall be governed by section 16-28A.010(41). l. Sign Plan: The sign plan for the district that has been adopted by the council is on file in the office of the municipal clerk. (52) West End/Lee Street Overlay Sign District. a. Creation of District . There is created within Chapter 28A the West End/Lee Street Overlay Sign District. The boundaries of the District are shown on the West End/Lee Street Overlay Sign District Map, which is incorporated into and made a part of this chapter and this section. The passage of this ordinance shall be a supplement to and an overlay upon the existing zoning and sign regulations already applicable to parcels within its boundaries and the regulations set forth herein shall continue to apply

20-O-1381 Last Updated: 06/3/20 when the existing zoning is changed unless a specific property is specifically exempted from these regulations as a condition of rezoning. The regulations set forth in this chapter, or set forth elsewhere in this part when referred to in this chapter, are regulations which are applicable in those parts of the city designated as being a part of the West End/Lee Street Overlay Sign District. b. Authority . This chapter is enacted pursuant to the city's exclusive zoning and planning authority granted by the Constitution of the State of Georgia, including without limitation Article IX. Section II, Paragraph III and Article XI Section II, Paragraph IV, as well as authority granted by the General Assembly of the State of Georgia, including but not limited to O.C.G.A. § 36-35-3, O.C.G.A. § 36-66-2, and O.C.G.A. § 36-70-3, the City of Atlanta Charter, Article I, Section 102(c)(42) as well as the general police powers of the city and such other authority as may be provided by applicable, state, federal and local laws. c. Findings, Purpose and Intent. The City of Atlanta finds that: i. The size, scale and character of buildings and uses in the West End zoning district (SPI-21) and along Lee Street, beginning West End Avenue to the north and Campbellton Road to the south directly affects the adjacent neighborhoods and the public health, safety and welfare; ii. Due to the large amount of vehicular traffic which is drawn to the West End neighborhood and Lee Street corridor, visual clutter created by window signs on commercially zoned or used properties can be distracting to drivers and may create unsafe conditions; iii. The visual clutter of window signs on commercially zoned or used properties within the West End neighborhood and Lee Street corridor detract from the aesthetically pleasing nature of the corridor; iv. The current regulations of window signs in the NC-6 (Cascade Heights Neighborhood Commercial) District contribute to vehicular and pedestrian safety as well as the aesthetic look of the store fronts in that district and that similar regulations should be adopted along the West End neighborhood and Lee Street corridor; and v. There is a substantial need directly related to the public health, safety and welfare to address these public health safety and welfare concerns through the adoption of the regulations set forth in this chapter which shall supplement the existing zoning controls imposed by this part and other parts of the Code. d. Definition: For the purpose of this section (52), the following definition as well as all other definitions set forth in the Sign Ordinance shall apply within the District: Window sign: Any sign that is placed on, affixed to, painted on or located either on the exterior of a window or within the casement or sill area of a window or within three feet therein and is visible from the exterior of the structure; but not including any lawful display of merchandise in its original packaging. e. Type, Number, Area: Window signs, as defined herein, shall not require a sign permit prior to display but shall only be permitted as follows: i. On parcels commercially zoned such as, but not limited to, C-2, MR, or SPI-21, conditionally or not, not more than two window signs per establishment shall be allowed. Each such individual sign shall not be larger than four square feet. In no event shall one or more of such signs cover more than 25 percent of the area of each window pane in which a sign is placed. Such signs shall not be illuminated, except that one such sign per establishment may be illuminated. Window signs shall not be counted toward any wall sign total square footage allowed by the underlying zoning district sign regulations.

20-O-1381 Last Updated: 06/3/20 ii. Any window sign in lawful existence prior to the effective date of this amendment shall be removed within a reasonable period of time so as to allow recoupment of cost to the sign owner. Cost shall be evidence by receipts or other evidence of actual cost in procuring the window sign. Removal of said signage shall be as follows: A) Any sign with a cost of $100.00 or less shall be removed within 30 days of the effective date of this amendment. B) Any sign with a cost of greater than $100.00 and less than $5,000.00 shall be removed within 120 days of the effective date of this amendment. C) Any sign with a cost of equal to or greater than $5,000.00 shall be removed within one year of the effective date of this amendment. f. Relation to Other Sign Controls. All signs within the district, other than window signs shall be regulated based on the underlying zoning of property and corresponding sign regulations. (53) Campbellton Road Overlay Sign District . a. Creation of District. There is created within Chapter 28A the Campbellton Road Overlay Sign District, the boundaries of the district are shown on the Campbellton Road Overlay Sign District Map, which is incorporated into and made a part of this chapter and this section. The passage of this ordinance shall be a supplement to and an overlay upon the existing zoning and sign regulations already applicable to parcels within its boundaries and the regulations set forth herein shall continue to apply when the existing zoning is changed unless a specific property is specifically exempted from these regulations as a condition of rezoning. The regulations set forth in this chapter, or set forth elsewhere in this part when referred to in this chapter, are regulations which are applicable in those parts of the city designated as being a part of the Campbellton Road Overlay Sign District. b. Authority . This chapter is enacted pursuant to the city's exclusive zoning and planning authority granted by the Constitution of the State of Georgia, including without limitation Article IX, Section II, Paragraph III and Article XI Section II, Paragraph IV, as well as authority granted by the General Assembly of the State of Georgia, including but not limited to O.C.G.A. § 36-35-3, O.C.G.A. § 36-66-2, and O.C.G.A. § 36-70-3, the City of Atlanta Charter, Article I, Section 102(c)(42) as well as the general police powers of the city and such other authority as may be provided by applicable, state, federal and local laws. c. Findings, Purpose and Intent . The City of Atlanta finds that: i. The size, scale and character of buildings and uses on that part of Campbellton Road, beginning at the intersection with County Line Road on the west and proceeding to Stanton Road on the east and along Greenbriar Parkway between Campbellton Road and The Fontainbleau directly affects the adjacent neighborhoods and the public health, safety and welfare; ii. Due to the large amount of vehicular traffic which is drawn to the Campbellton Road visual clutter created by window signs on commercially zoned or used properties can be distracting to drivers and may create unsafe conditions; iii. The visual clutter of window signs on commercially zoned or used properties within the Campbellton Road corridor detracts from the aesthetically pleasing nature of the corridor; iv. The current regulations of window signs in the NC-6 (Cascade Heights Neighborhood Commercial) District contribute to vehicular and pedestrian safety as well as the aesthetic look of the store fronts in that district and that similar regulations should be adopted along the Campbellton Road corridor; and

20-O-1381 Last Updated: 06/3/20 v. There is a substantial need directly related to the public health, safety and welfare to address these public health safety and welfare concerns through the adoption of the regulations set forth in this chapter which shall supplement the existing zoning controls imposed by this part and other parts of the Code. d. Definition: For the purpose of this section (53), the following definition as well as all other definitions set forth in the sign ordinance shall apply within the district. i. Window sign: Any sign that is placed on, affixed to, painted on or located either on the exterior of a window or within the casement or sill area of a window or within three feet therein and is visible from the exterior of the structure; but not including any lawful display of merchandise in its original packaging. e. Type, Number, Area: Window signs, as defined herein, shall not require a sign permit prior to display but shall only be permitted as follows: i. On parcels commercially zoned such as, but not limited to, C-1, MRC, RLC or SPI-20, conditionally or not, not more than two window signs per establishment shall be allowed. Each individual window sign shall not be larger than four square feet. In no event shall one or more window signs cover more than 25 percent of the area of each window pane in which a sign is placed. Such signs shall not be illuminated, except that one window sign within a business establishment may be illuminated. Window signs shall not be counted toward any wall sign total square footage allowed by the underlying zoning district sign regulations. ii. Any window sign in lawful existence prior to the effective date of this amendment shall be removed within a reasonable period of time so as to allow recoupment of cost to the sign owner. Cost shall be evidence by receipts or other evidence of actual cost in procuring the window sign. Removal shall be as follows: A. Any window sign with a cost of $100.00 or less shall be removed within 30 days of the effective date of this amendment. B. Any window sign with a cost of greater than $100.00 and less than $5,000.00 shall be removed within 120 days of the effective date of this amendment. C. Any window sign with a cost of equal to or greater than $5,000.00 shall be removed within one year of the effective date of this amendment. iii. Relation to other sign controls. All signs within the district, other than window signs, shall be regulated based on the underlying zoning of property and corresponding sign regulations. (54) Means Street Landmark District. The sign regulations for the Means Street Landmark District shall be the same as the regulations for the subject property at the time of adoption of the Means Street Landmark District provided that: (1) No sign shall be permitted except after approval by the Commission of a Certificate of Appropriateness as specified in Chapter 20R of this part; (2) Signs provided for contributing buildings shall be designed in a manner that is compatible with the design, materials, location, and general character of sign age from the time period of historical significance for the building; (3) Signs provided for non-contributing buildings shall be designed in a manner that is compatible with the design and general character of the non-contributing building upon which it is located;

20-O-1381 Last Updated: 06/3/20 (4) Sign location on a contributing building shall correspond with that portion of the building owned or leased by the person erecting the sign; (5) All regulations in Chapter 20R of this part are met; (6) General advertising signs and billboards shall be prohibited; (7) Freestanding signs shall be prohibited; (8) Monument signs shall be prohibited; (9) LSVD signs shall be prohibited; (10) Changing signs shall be prohibited on contributing buildings; and (11) Internally illuminated signs shall be prohibited on contributing buildings. (55) Arts and Entertainment District. a. Intent. The intent of the City in adopting these regulations is to: 1. Recognize that large scale sporting events, major conventions, and other large and significant entertainment activities in downtown Atlanta have unique needs for signage which is a critical consideration for sponsors and organizers selecting a location to host the event; 2. Create the Arts and Entertainment District, as a sign overlay district, and allow, through certain limitations set forth herein (the "Regulations"), additional signage for the specific and unique building forms, mass, scale and use of the buildings within the Arts and Entertainment District; 3. Expand the economic base of the City, by providing additional employment opportunities and additional tax revenues to the City and the region by making the area of the A&E District more attractive through the management of specialized signage opportunities that will allow large scale sporting events, major conventions, and activities at major entertainment venues to choose the City when evaluating their choices of location; 4. Manage the placement of the additional signage so as to balance the economic development needs of the City in attracting large scale sporting events, major conventions, and activities at major entertainment venues with the general welfare of residents and businesses; 5. Create a process for the management of permits for the additional signage pursuant to a cooperation agreement with Atlanta Downtown Improvement District ("ADID") so that the sponsors and organizers of large scale sporting events, major conventions, and qualifying activities at major entertainment venues can deal with a single entity in order to create a "unified look and feel" for their event; 6. Demonstrate the City's commitment to economic development through its cooperation agreement with ADID so as to allow the contractual governance and enforcement of a unified approach to the streetscape and certain aspects of the built environment for large scale sporting events, major conventions, and qualifying activities at major entertainment venues which will allow the City to focus on traffic planning, crowd control and other key elements of public safety; 7. Enhance the general streetscape in the area encompassed by the district through the establishment of design guidelines providing additional signage opportunities permitted by these regulations; 8. Contribute to the overall welfare of the residents in the district by providing a more lively and enhanced streetscape to encourage a walkable downtown with more activity and which could lead to increased property values;

20-O-1381 Last Updated: 06/3/20 9. Allow for the management of supplemental signage, art, and other programs by the Atlanta Downtown Improvement District, with the input of other downtown stakeholder's that will protect the public interest and balance the commercial and economic initiatives with an approach designed to keep downtown aesthetically pleasing, safe for pedestrians and vehicular traffic, and respectful of interests of residents and businesses; and 10. Define the effect of these Regulations on other parts of this Code; b. District Created. The Arts and Entertainment District (hereafter the "A&E District") is established. The boundary of the A & E District is the area within the heavy dashed lines on the map attached to the ordinance creating this A&E District. Said Map 1 is incorporated herein by reference. The Regulations shall apply within the boundary of the A&E District. c. Authority. The Regulations in this subsection are enacted pursuant to the city's exclusive zoning and planning authority granted by the Constitution of the State of Georgia, including without limitation Article IX. Section II, Paragraph III and Article XI Section II, Paragraph IV, as well as authority granted by the General Assembly of the State of Georgia, including but not limited to O.C.G.A. § 36-35-3, O.C.G.A. § 36-66-2, and O.C.G.A. § 36-70-3, the City of Atlanta Charter, Article I, Section 102(c)(42) as well as the general police powers of the city and such other authority as may be provided by applicable, state, federal and local laws. d. Effect of the Regulations upon Existing Entitlements. These Regulations are intended to be a part of a larger economic development purpose and a supplement to and an overlay upon the existing zoning and sign regulations already applicable to parcels within the boundaries of the A & E District but shall have no effect upon the entitlement given by other applicable parts of this Chapter 28A to businesses and property owners to erect signage within the A & E District. e. Nonconforming. Where a non-conforming sign is altered or removed, such sign shall not be restored to its previous degree of non-conformity or reconstructed, without regard to whether such alteration or removal was undertaken in connection with the erection of a sign that is permitted only by these regulations, such that the removal of any non-conforming sign shall be governed by other applicable parts of this Chapter and the Zoning Code applicable to non-conformities. f. Effect of Subsequent Rezoning. The regulations set forth herein shall continue to apply when the existing underlying zoning is changed unless a specific condition associated with a specific parcel otherwise requires and such condition shall govern over these regulations. g. Additional Standards for Signs on Buildings or Sites Designated by the Historic Preservation Ordinance. In determining the appropriateness or location of new signs proposed to be placed under this section, ADID shall also make application to the urban design commission which shall apply the criteria set forth in section 16-28A.007(v) in addition to the applicable criteria for certificates of appropriateness specified in Chapter 20 of this Part 16. h. Distance limitations. Distance limitations set forth in O.C.G.A. § 32-6-70 et seq. shall apply. i. Downtown Arts and Entertainment District Sign Plan. A Sign Plan is adopted at the time of creation of the district and contains certain criteria for ADID to follow when deciding that a proposed sign meets the criteria as set forth in these regulations. Said Sign Plan is attached to the ordinance creating this district and is incorporated herein by reference. Said Sign Plan is hereby made a public record, is accessible to members of the public, including but not limited to those who are, or may be, affected by it, and is accessible for public inspection in the office of the Atlanta Municipal Clerk by requesting a

20-O-1381 Last Updated: 06/3/20 certified copy of the ordinance creating the A & E District. It is also available online at http://web.atlantaga.gov/fal/. j. Applications Limited. In recognition of the economic development purpose behind the creation of the Subarea, the adoption of the regulations and the Sign Plan, only applications received from ADID as the permit applicant shall be accepted for the additional signs permitted by these regulations and as specified in the cooperation agreement approved by the governing authority. k. Action on ADID Applications. An application by ADID seeking permission to erect a sign found by ADID to meet the criteria of the Sign Plan shall be approved by the director under this subsection even where the erection of such sign might otherwise be in conflict with regulations elsewhere in this Chapter provided that upon receipt of an application, the structural plans for the erection of the sign are deemed by the director to meet the applicable building codes through construction review by the Office of Buildings. l. Construction Review by the Office of Buildings. Upon receipt of an application containing the items immediately below, from ADID for permission to erect a sign found by ADID as meeting the criteria of the Sign Plan, the director shall review only the structural plans for the erection of the sign described in the application to determine if the plans for the erection of the sign meet the applicable building codes. If approved, such sign shall be erected and operated only in the manner set forth on the approved structural plans. 1. All applications from ADID for a permit to erect a sign in the district pursuant to these regulations shall be submitted to the director on the application form provided by the director. 2. Each application shall be accompanied by the applicable fees established by the governing authority as may be amended (or in effect at the time of submittal) from time to time. 3. All applications for construction, creation or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings showing the dimensions, design, structure, and location of the sign sufficient to review for compliance with all applicable codes. 4. No application shall be deemed to be accepted by the director unless all fees are paid and the required drawings are submitted. 5. Any permanent sign that projects into the right-of-way shall be subject to the provisions of Article II of Chapter 138 and shall obtain permission from the City to encroach therein in the same manner as canopies, ledges, bay windows, balconies, decorative lighting, flagpoles, gargoyles, architectural embellishments, area walks or similar facilities. If an application for encroachment is pending the fact that such permission is pending shall not prevent the director from receiving an application but no permit for erection shall be issued until a fully executed encroachment agreement approved by the Ccommissioner of the Ddepartment of Public Works transportation has been received. 6. All applications are to be reviewed by the office of traffic and department of transportation prior to the issuance of a permit to verify that no sign shall be erected or lit on a premises or location, in such a manner so as to obstruct the view of, or be confused with any authorized traffic signal, notice or control device, or with lights on any emergency vehicle, or so to create hazards or distractions to drivers because of direct or reflected natural or artificial light, flashing, intermittent or flickering lighting or real or apparent movement. i. If the office department of traffic and transportation determines that the sign will be a traffic hazard, the director commissioner shall deny the application;

20-O-1381 Last Updated: 06/3/20 ii. If any sign is found to constitute a traffic hazard after installation by the office of traffic and department of transportation, the director commissioner shall require the operator of the sign to either reduce the intensity of the condition or effect which causes the hazard to a level acceptable to the office of traffic and department of transportation or if no such reduction is possible, to remove the sign. iii. The director commissioner may, through the issuance of a stop work order, cause an immediate cessation of such conditions or effects where an imminent danger to the traveling public is found. m. Criteria for the Sign Plan. The Sign Plan, which is adopted as a part of the economic development purpose associated with these regulations, is developed based on criteria which are intended to allow flexibility in the development of signage in the district. 1. The aesthetic and architectural compatibility of the proposed sign to the building upon which the sign is to be displayed or suspended; 2. The use of the building mass and orientation in the placement of the sign so as to define and place strong visual emphasis on the street and other important public open spaces; 3. Whether the sign will enliven building façades and avoid extensive blank walls that would detract from the visual interest and appearance of an active streetscape and unify a building's appearance so as to add to a street façade's interest, scale and three-dimensional quality; 4. Whether the signage will direct attention to street level architecture and building uses in a manner that adds richness and variety to the pedestrian experience of the district; 5. Whether the signage will assist buildings to display a clear pattern of openings and create shadow lines that enhance the street wall; 6. Standard outdoor advertising billboard proportions of 14'x48' shall be rejected unless used as one component of a multiple sign array of varying proportions; 7. Where signage is at street level, it should present dynamic, state-of-the-art façades with expressive lighting, audio-visual effects, and dimensional signage; 8. Signs should appear as an integral part of the building design so as not to appear as an afterthought application; 9. Whether the sign uses means of illumination such as neon tubes, fiber optics, incandescent lamps, LED's cathode ray tubes, shielded spotlights and wall wash fixtures so as to provide visual interest during nighttime hours is appropriate for placement of the sign when considering the safety of vehicular traffic and the impact on the residential uses that will be affected; 10. The relationship of the scale and placement of the sign to the building or premises upon which it is to be displayed. n. Cap on Sign Locations. Not more than twenty five (25) sign locations shall be authorized by this subsection at any one time within the district. This number is the cap. This cap does not limit the number of supplemental sign permits that may be issued, only the number of locations. In the event all supplemental signage is removed from a sign location, a new sign location may be authorized so long as the total outstanding sign locations does not exceed the cap. For purposes of this subsection, a sign location shall mean on the same building or parcel. o. Annual Inspection of Signs. Sign permit owners shall provide an annual inspection report certified by a licensed engineer that the sign installed pursuant to this subsection is structurally sound and continues to meet the state minimum codes applicable at the time of sign erection.

20-O-1381 Last Updated: 06/3/20 p. Signs not to be visible from the Interstate. No supplemental sign permit shall issue, nor shall any supplemental sign be erected or maintained if the sign face of such sign is visible by drivers on the interstate highway. (56) Briarcliff Plaza Landmark District. The sign regulations for the Briarcliff Plaza Landmark District shall be the same as the C-1 zoning regulations, provided that: a. No sign shall be permitted except after approval by the Director of a Certificate of Appropriateness as specified in Chapter 20S of this part; b. Signs provided for contributing buildings shall be designed in a manner that is compatible with the design, materials, location, and general character of signage from the time-period of historical significance for the building; c. Sign location on a contributing building shall correspond with that portion of the building owned or leased by the person erecting the sign; d. All regulations in Chapter 20S of this part are met; e. Neon lighting or similar tubular lighting mechanisms shall be permitted; f. The following signs shall be prohibited: i. General advertising signs and billboards; ii. Freestanding signs; iii. Monument signs; iv. LSVD signs; v. Changing signs on contributing buildings; and vi. Internally illuminated signs on contributing buildings, except for signs utilizing neon lighting or similar tubular lighting mechanisms. (57) Pratt-Pullman Landmark District. The sign regulations for the Pratt-Pullman Landmark District shall be the same as the C-1 zoning regulations, provided that: 1) No sign shall be permitted except after approval by the Director of a Certificate of Appropriateness as specified in Chapter 20T of this part. 2) Signs provided for contributing buildings shall be designed in a manner that is compatible with the design, materials, location, and general character of signage from the time-period of historical significance for the building. 3) Sign location on a contributing building shall correspond with that portion of the building owned or leased by the person erecting the sign. 4) Signs provided for additions to contributing buildings and new buildings shall be designed in a manner that is compatible with the design, materials and general character of signage from the time period of historical significance for the district. 5) All regulations in Chapter 20T of this part are met. 6) Property Signature Sign. As used in the Pratt-Pullman Landmark District, a property signature sign shall be defined as a wall sign or a freestanding sign, not greater than 400 square feet and styled in the manner of a movie marquee or train station sign. A property signature sign shall not be a pylon sign.

20-O-1381 Last Updated: 06/3/20 7) The following signs shall be prohibited: i) LSVD signs; ii) Changing signs on contributing buildings; and iii) Internally illuminated signs on contributing buildings. (58) Fort McPherson Film and Television Overlay Sign District Regulations. The sign regulations for the Fort McPherson Overlay Sign District shall be the same as the I-1 zoning regulations, provided that: 1) Iconic Studio Entrance Sign. As used in the Fort McPherson Overlay Sign District, an iconic studio entrance sign shall be defined as a wall sign or a freestanding sign, not greater than 2,000 square feet and located adjacent to the entrance gate for a film and television studio, which sign location shall not be less than 600 feet from the nearest public right-of-way. An iconic studio entrance sign shall not be a pylon sign. 2) The maximum height for an iconic studio entrance sign shall be 20 feet. 3) An iconic studio entrance sign may be an LSVD sign, or a changing sign. 4) Not more than one location for an iconic studio entrance sign may be authorized pursuant to this subsection at any one time within the district. 5) An iconic studio entrance sign may be erected only to identify, highlight, and promote the film and television studio operator's business, products, and services. (59) SPI-2 Fort McPherson Special Public Interest District: The regulations for the SPI 2 Fort McPherson Special Public Interest District shall be the same as the regulations in Subsection (6) C-2 (Commercial Service) District, provided that, a. No freestanding sign shall be permitted. b. No shopping center signs shall be permitted. c. Monument Signs: In addition to the signs otherwise authorized in this section (59), monument signs shall be authorized as a type of sign provided they meet each of the following standards: 1. For the purposes of this section (59), "monument sign" means a permanent sign not attached to a building and constructed directly and continuously upon the ground or a grade-level support structure with no separation between the sign and the ground or grade-level support structure, Monument signs shall not be supported by visible columns, uprights, poles or braces and shall be of continuous solid construction without holes, gaps or spacing; 2. One monument sign shall only be authorized for each building containing more than 25,000 square feet of gross floor area excluding parking areas, When building faces two or more streets, two monument signs shall be authorized provided that each is oriented toward a different street; 3. Monument signs shall not exceed ten feet in height measured from the lowest point of the elevation of the nearest sidewalk clear zone or supplemental zone to the highest point of the monument sign. Monument signs shall not exceed four feet in length and two feet in width, measured from the outer edges of the monument sign structure; 4. Monument signs shall be located on private property except when expressly authorized to encroach into a public right-of-way by an encroachment agreement approved pursuant to Chapter 138 of the City Code, provided that under no circumstances shall a monument sign encroach into required sidewalk clear zones or visibility triangles; and

20-O-1381 Last Updated: 06/3/20 5. All monument signs shall require approval through a Special Administrative Permit before a building permit can be issued.

SECTION 52: That Part III (Land Development Code), Part 16 (Zoning), Chapter 28A (Sign Ordinance), Section 16-28A.012 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-28A.012. - Signs in the public right-of-way. (a) No sign shall be allowed in the public right-of-way except as follows or as otherwise permitted by the Code of Ordinances, and all other prohibitions and regulations governing signs in public rights-of- way and upon public property in the Code of Ordinances, including but not limited to section 138, also shall apply: (1) Signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic. (2) Bus stop signs erected by a public transit authority. (3) Informational signs of a public utility identifying its poles, lines, pipes or other facilities. (4) Awning, projecting and suspended signs projecting over a public right-of-way when in conformity with all other requirements of the Code of Ordinances and this chapter, including section 16-28A.007(e). (5) Banners within the public right-of-way that are authorized by and approved under section 138-60 of the Code of Ordinances of the City of Atlanta. (6) Temporary emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way. (7) Signs that are attached to bus shelters subject to the provisions of section 138-43of the Code of Ordinances. Signs attached to street furniture such as trash cans, benches, kiosks, and streetcar shelters owned and/or operated by governmental units or public authorities. Temporary changing signs, not to exceed 30 days, as part of a city-sponsored program in connection with entertainment events meeting the criteria set forth in section 16-28A.010(12)l.(1)(i-iv). (8) Newspaper vending devices that are authorized by and approved under division V of Article II of section 138-of the Code of Ordinances of the City of Atlanta. (9) Building identification signs pursuant to section 16-02.019(7) and section 16-02.019(8). (10) Neighborhood identification signs, limited to two such signs per street entrance, shall be permitted. (b) Any sign installed or placed on public property or right-of-way except in conformance with the requirements of or references in this section shall be deemed to be an illegal sign and shall be immediately removed by the owner or be subject to immediate removal by the city. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. This Code section 16-28A.012, and all code sections referenced in this section, shall be enforced by the commissioner of public works transportation or that commissioner's designee.

20-O-1381 Last Updated: 06/3/20 SECTION 53: That Part III (Land Development Code), Part 16 (Zoning), Chapter 32B (NC-2 East Atlanta Village Neighborhood Commercial District), Section 16-32B.002 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-32B.002. - Specific regulations. The following regulations are specific to the NC-2 East Atlanta Village Neighborhood Commercial District: 1. NPU notification. In addition to the required SAP submittal, the applicant shall also provide to the Director of the Office of Planning a United States Postal Service certificate of mailing (first-class) of one copy of the full SAP application to the appropriate Neighborhood Planning Unit (NPU) chair or their designee for the purpose of notification and comment, and also a signed affidavit of said NPU notification. Said appropriate NPU shall have a period of 21 days from the date of the said certificate of mailing to provide one set of written comments to the Office of Planning prior to any SAP approval. 2. Permitted Principal Uses. In further limitation of those permitted principal uses and structures set forth in section 16-32.005: a. The number of automobile service stations within the district shall not exceed two. b. The number of tattoo and body piercing establishments shall not exceed three. c. The following uses shall be permitted if the parcel on which they are located is separated by a minimum distance of 500 linear feet, measured from property line to property line, from any like use: barber shops, beauty supply, beauty school, hair salons, and manicure and nail salons. This shall not be construed to mean that a mixture of the above said uses as part of a single parcel or business establishment shall be prohibited. Said uses or combination of uses shall not exceed 4,000 square feet of floor area. d. Parking structures and surface lots to serve primary uses within the district. e. The following uses shall not have establishments exceeding 8,000 square feet of floor area, except where permitted by special use permit issued pursuant to section 16-32.007: i. Commercial recreation establishments, including theaters and health and fitness establishments, and other places of assembly and similar uses with primary activities conducted within fully enclosed buildings. ii. Banks, credit unions, savings and loan associations, and similar financial institutions but not including any drive-through service window. Automatic teller machines and night drops are permitted. f. All multifamily dwellings shall contain at least 20 percent of the total floor area, excluding accessory uses, as ground level commercial uses in the same principal structure. g. The following uses shall not have establishments exceeding 12,000 square feet of floor area: professional offices, studios, and clinics (including veterinary if animals are kept within soundproofed buildings). h. New telecommunication towers or wireless data equipment or structures within the central commercial area bounded by Moreland Avenue on the west, McPherson Avenue on the north, Flat Shoals Avenue on the east, and Glenwood Avenue on the south. New telecommunication towers or wireless data equipment and structures shall only be permitted outside the central commercial area in accordance with the criteria set forth in section 16-25.002(3)(i)(iv)(c) demonstrating that such new tower is necessary. In establishing necessity, the applicant must provide a radio frequency analysis or other

20-O-1381 Last Updated: 06/3/20 scientific study demonstrating why the tower or equipment is necessary outside of the permitted area. Economic considerations may not be used to establish necessity. The restrictions contained herein shall not be construed to include collocation of telecommunications equipment on existing buildings or structures. 3. Prohibited uses, In further limitation of those permitted principal uses and structures not permitted, as set forth in section 16-32.005: a. Pawn shops. b. Title loan and Payday loan/Advancement shops. This shall not be construed to include check cashing services. 4. Special Use Permits. In further limitation of those uses only permissible by special use permit set forth in section 16-32.007: a. The following establishments greater than 8,000 square feet of floor area: Commercial recreation establishments, including theaters and health and fitness establishments, and other places of assembly and similar uses with primary activities conducted within fully enclosed buildings. b. The following establishments between 8,000 and 15,000 square feet of floor area: Banks, credit unions, savings and loan associations, and similar financial institutions but not including any drive- through service window. 5. Special Administrative Permits: In further limitation of outdoor display or sales areas permitted by special administrative permit set forth in section 16-32.007(2), the following shall apply: a. Outdoor display or sales areas shall not be permitted along Moreland Avenue or any parcel that shares a side yard with Moreland Avenue. b. Outdoor display or sales areas shall display copies of the Business License and the approved Special Administrative Permit, name of the sales area Owner and Owner's contact information, at all times during hours of operation. c. White tents that are 10 feet by 10 feet in size shall be required and all goods shall be stored within the tents. d. Amplified music shall not be permitted and lighting shall not extend beyond the perimeter of the tent. 6. Transitional yards. In addition to the general NC district requirements of section 16-32.009, such yards shall be planted with evergreen trees spaced a maximum distance of 20 feet on center. Said trees shall be a minimum of two and one-half inches in caliper as measured 36 inches above ground, shall be a minimum of 12 feet in height, and shall have a 25 feet minimum mature height. In the transitional yards abutting parking structures, such trees shall be planted in a staggered double row spaced a maximum of 20 feet on center. Notwithstanding the foregoing, all plantings, planting replacement and planting removal shall be approved by the city arborist. 7. Maximum building heights. a. Properties along the west side of Moreland Avenue south of Glenwood Avenue: Buildings within 150 feet of an R-1 through R-5 and PD-H district boundary shall have a maximum height of 35 feet and a total of three (3) stories. Structures that are between 150 feet and 300 feet from an R-1 through R-5 and PD-H district boundary shall have a maximum of height of 52 feet. b. Properties with frontage along the east side of Moreland Avenue: Buildings shall have a maximum height of 104 feet and a total of eight (8) stories.

20-O-1381 Last Updated: 06/3/20 c. All other areas: Buildings within 150 feet of an R-1 through R-5 and PD-H district boundary shall have a maximum height of 42 feet and a total of three (3) stories. Structures that are between 150 feet and 300 feet from an R-1 through R-5 and PD-H district boundary shall have a maximum of height of 66 feet and a total of five (5) stories. d. Mezzanines and lofts shall be considered a story. e. Building heights shall comply with the transitional height plane requirements of section 16-32.009. 8. Active-uses shall be required at the sidewalk-level of all buildings and structures, including parking decks. a. All buildings shall have a defined sidewalk-level for purposes of the active-use requirement. Active uses shall be required within buildings and parking structures at sidewalk-level for the entire length of said building façade except at ingress and egress points into parking structures or loading areas. When two or more floors meeting the definition of sidewalk-level exist within the same structure, this requirement shall only apply to the frontage of the sidewalk-level adjacent to the required sidewalk or provided supplemental zone. b. Sidewalk-level: Any building floor within five (5) vertical feet of the adjacent required sidewalk or provided supplemental zone. c. For the purposes of this chapter active uses shall be serviced by plumbing, heating, and electricity and shall not include parking, non-residential storage areas, driveways, or queuing lanes parallel to the adjacent street. d. Minimum active use depths shall be provided as follows: i. Buildings with residential uses at the sidewalk-level with no residential units located above or below a unit: a minimum depth of 10 feet as measured from the street-facing building façade. ii. All other uses: A minimum depth of 20 feet as measured from the street-facing building façade. 9. Rooftop dining. Outdoor rooftop dining and outdoor amplified music shall not be permitted within 50 feet of any R-1 through R-5 district. 10. Outdoor dining. (In addition to encroachment agreement required as applicable by the Ddepartment of Public Works transportation) Sidewalk-level outdoor dining may locate either within supplemental zones or by encroaching into the sidewalk clear zone. When outdoor dining encroaches into the sidewalk clear zone, the following criteria shall be met: a. Shall have a minimum of six (6) feet wide of unobstructed sidewalk clear zone area; b. No permanent structure or ornamentation shall be located within the area where encroachment is permitted and no element shall be attached to the sidewalk in any way; c. At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter; and d. Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of thirty-six (36) inches including any plant material. 11. Dumpsters, bulk storage containers and other loading areas. In addition to the general NC district requirements of section 16-32.018, the following additional restrictions shall apply: a. Shall be paved with impervious materials.

20-O-1381 Last Updated: 06/3/20 b. Shall be enclosed with a self-closing opaque gate and opaque walls or fencing. Said gate, walls and fencing shall be a minimum of twelve (12) inches higher than the dumpster receptacle. The maximum combined height of a dumpster and screening walls or fencing shall be seven (7) feet. 12. Building mechanical and accessory features. In addition to the general NC district requirements of section 16-32.018, the following additional restrictions shall apply: a. When not located on rooftops and visible from the right-of-way shall be screened with landscaping consisting of a continuous hedge of evergreen shrubs, which shall be a minimum height of three (3) feet at time of planting and shall be maintained by the property owner. b. When located on rooftops shall be placed at least ten (10) feet from the primary street front edge of the rooftop. 13. Fencing. Barbed wire and razor wire shall not be permitted. Chain link fencing, other solid fencing, barbed wired, and razor wire shall be prohibited in the front yards of properties along Flat Shoals Ave. and Glenwood Ave. In addition to the general NC district requirements of section 16-32.015, any chain link fencing where permitted, shall be black or dark green vinyl coated. Barbed wire and razor wire shall not be permitted. 14. Lighting. In addition to the general NC district requirements of section 16-32.021, all exterior lighting shall reduce light spillage onto adjacent properties by providing cutoff luminaries that have a maximum 90 degree illumination directed downwards and which shall not shine on any adjacent residentially zoned property. 15. Curb cuts. In addition to the general NC district requirements of section 16-32.020, two curb cuts serving two one-way driveways shall only be counted as one curb cut. 16. Off-Street Parking Requirements. In addition to the general NC district requirements of Section 16- 32.023, the following parking requirements shall supplant the requirements for the uses specified below in the Table. The Director of the Office of Planning may approve through a Special Administrative Permit a reduction of parking through an off-site shared parking arrangement between any parcels located within the NC-2 district in accordance with the requirements of Section 16-32.023(3). NC-2 East Atlanta Village Neighborhood Commercial District: Parking Table Permitted Use Minimum Parking Requirement • Banks and similar institutions 1 space per 300 square feet of floor area • Clothing and Tailor Shops • Office • Retail Establishments (including catering, delicatessen and bakeries) • Sales and Repair Establishments • Laundry and dry cleaning pick-up stations and coin operated Laundromats • Dwellings and Lodgings 1 space per unit • All other uses As specified in Section 16- 32.023 • Electric Vehicle Charging Requirements None

20-O-1381 Last Updated: 06/3/20

SECTION 54: That Part III (Land Development Code), Part 16 (Zoning), Chapter 33 (LW Live Work District Regulations), Section 16-33.017 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-33.017. - Curb cuts and parking structures. 1. All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. 2. Driveway and curb cut widths shall be 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of public works transportation. 3. No circular drives shall be located between any building and any public street with the exception of hotels. 4. Curb cuts and driveways shall not be permitted on any streets that function as an arterial street or collector street when access may be provided from a side or rear street located immediately adjacent to a contiguous property, with the exception of hotel patron drop-off drives. 5. Unless authorized by subsection 16-33.017(3) above, driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street. 6. Except as authorized in subsection 16-33.017(3) above, no more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have one curb cut located on each street frontage. 7. Entrances to garages and carports that serve a single residential unit shall face the rear yard, or a side yard which has no street frontage. 8. All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas. 9. In addition to section 16-28.028, parking deck façades shall have the appearance of a horizontal storied building. 10. Additional parking deck treatment along specific streets: a. When located along streets that function as arterial streets or collector streets: i. Shall meet the requirements of subsection 16-33.013(6); or ii. Shall meet the requirements of subsection 16-33.013(7). b. When located along all other streets: i. Shall meet the requirements of subsection 16-33.013(6); or ii. Shall meet the requirements of subsection 16-33.013(7); or iii. Shall provide a continuous minimum five-feet wide landscaped strip between the structure and the public sidewalk, except at ingress and egress points into the structure. The landscaped strip shall be planted with street trees spaced a maximum distance of 20 feet on center, which shall also meet the tree requirements in subsection 16-33.011(3). The landscape strip shall also be planted with evergreen ground cover such as mondo grass, liriope spicata, ivy or evergreen shrubs with a maximum mature

20-O-1381 Last Updated: 06/3/20 height of 24 inches. All plantings, planting replacement and planting removal shall be approved by the city arborist. 11. Notwithstanding the provisions of subsection 16-28.006(10), a common or joint driveway may be authorized by the director of the bureau of planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the bureau of planning, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning. 12. All developments, including parking decks, shall have sidewalks a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See section 16- 33.020, Minimum landscaping for parking lots and barrier requirements. 13. No drop-off lanes shall be permitted along public streets.

SECTION 55: That Part III (Land Development Code), Part 16 (Zoning), Chapter 34 (MRC Mixed Residential Commercial District Regulations), Section 16-34.018 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-34.018. - Curb cuts and parking structures. 1. All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. 2. Driveways shall have a band of textured concrete adjacent to the street which is in-line with and equal in width to the street furniture zone and shall have a textured band of concrete adjacent to the sidewalk which is in-line with the supplemental zone and a minimum width of five feet from the sidewalk. 3. Driveway and curb cut widths shall be 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of public works transportation. 4. No circular drives shall be located between any building and any public street with the exception of hotels. 5. Curb cuts and driveways shall not be permitted on any street that functions as an arterial street or collector street when access may be provided from a side or rear street located immediately adjacent to a contiguous property, with the exception of hotel patron drop-off drives. 6. Unless authorized by subsection 16-34.018(4), driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street. 7. Except as authorized in subsection 16-34.018(4), and in subsection 16-34.011(2), no more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have one curb cut located on each street frontage. 8. Entrances to garages and carports that serve a single residential unit shall face the rear yard, or a side yard which has no street frontage. 9. All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas.

20-O-1381 Last Updated: 06/3/20 10. In addition to section 16-28.028, parking deck façades shall have the appearance of a horizontal storied building. 11. Additional parking deck treatment along specific streets: a. When located along streets that function as arterial streets or collector streets: i. Shall meet the requirements of subsection 16-34.014(6); or ii. Shall meet the requirements of subsection 16-34.014(7). b. When located along all other streets: i. Shall meet the requirements of subsection 16-34.014(6); or ii. Shall meet the requirements of subsection 16-34.014(7); or iii. Shall provide a continuous minimum five-foot wide landscaped strip between the structure and the public sidewalk, except at ingress and egress points into the structure. The landscaped strip shall be planted with street trees spaced a maximum distance of 20 feet on center, which shall also meet the tree requirements in subsection 16-34.012(3). The landscape strip shall also be planted with evergreen ground cover such as mondo grass, liriope spicata, ivy or evergreen shrubs with a maximum mature height of 24 inches. All plantings, planting replacement and planting removal shall be approved by the city arborist. 12. Notwithstanding the provisions of subsection 16-28.006(10), a common or joint driveway may be authorized by the director of the bureau of planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the bureau of planning, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning. 13. All developments, including parking decks, shall have sidewalks a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See section 16- 34.020, Minimum landscaping for parking lots and barrier requirements. 14. No drop-off lanes shall be permitted along public streets.

SECTION 56: That Part III (Land Development Code), Part 16 (Zoning), Chapter 35 (MR Multi- Family Residential District Regulations), Section 16-35.018 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-35.018. - Curb cuts and parking structures. 1. All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. 2. Driveway and curb cut widths shall be 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of public works transportation. 3. No circular drives shall be located between any building and any public street. 4. Curb cuts and driveways shall not be permitted on any street that functions as an arterial street or collector street when access may be provided from a side or rear street located immediately adjacent to a contiguous property.

20-O-1381 Last Updated: 06/3/20 5. Unless authorized by subsection 16-35.018(3), driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street. 6. Except as authorized in subsection 16-35.011(2), no more than one curb cut shall be permitted for each development, provided that properties with more than one street frontage may have one curb cut located on each street frontage. 7. Entrances to garages and carports that serve a single residential unit shall face the rear yard, or a side yard which has no street frontage. 8. All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas. 9. Parking deck façades shall conceal automobiles from visibility from any public right-of-way or private drive or street that are open to the general public, and shall have the appearance of a horizontal storied building. 10. In addition to section 16-28.028, parking deck façades shall have the appearance of a horizontal storied building. 11. Notwithstanding the provisions of subsection 16-28.006(10), a common or joint driveway may be authorized by the director of the bureau of planning when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the bureau of planning, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning. 12. All developments, including parking decks, shall have walkways a minimum width of four feet connecting ground level parking to the public sidewalks and to all building entrances. See section 16- 35.020, Minimum landscaping for parking lots and barrier requirements. 13. No drop-off lanes shall be permitted along public streets. 14. Parking decks are prohibited within the MR-MU district. Only surface parking lots and accessory garages as defined in section 16-29.001(14)(a) shall be permitted.

SECTION 57: That Part III (Land Development Code), Part 16 (Zoning), Chapter 36 (Beltline Overlay District Regulations), Section 16-36.017 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 16-36.017. - Driveway curb cuts, driveways and parking structures. 1. Driveway curb cuts: a. Shall be a maximum of 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the commissioner of transportation public works. b. Shall not be permitted on any street that functions at the location on the right-of-way in question as an arterial street or collector street when access may be provided from a local street with the exception of hotels and hospitals. c. All sidewalk paving materials shall be continued across any intervening driveway curb cut at the same prevailing grade and cross slope as the adjacent sidewalk clear zone.

20-O-1381 Last Updated: 06/3/20 d. Shall have a band of textured concrete adjacent to the street which is in-line and equal in width to the street furniture zone and shall have a textured band of concrete adjacent to the sidewalk which is in-line with the supplemental zone with a minimum width of five feet from the sidewalk or such standard as developed by the department of transportation public works. e. Maximum permitted number of driveway curb cuts for each development, subject to the provisions of subsection 16-25.002(3): i. Developments with only one street frontage, which is less than 300 feet in length: One; ii. Developments with only one street frontage, which is greater than or equal to 300 feet in length: Two; iii. Developments with more than one street frontage: One located on each street frontage; iv. For the purposes of this section, two curb cuts serving two one-way driveways shall only be counted as one curb cut. 2. Driveways: a. Driveways or circular drives, except to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street with the exception of hotels, hospitals, childcare centers, kindergartens and special schools, subject to provisions in subsection 16-25.002(3). b. All contiguous sidewalk-level residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages and parking areas. c. Independent driveways are not required for single- and two-family dwellings or when access is provided by a private alley. d. Notwithstanding the provisions of subsection 16-28.006(10), the director of the bureau of planning may authorize a common or joint driveway when adjacent lots have direct vehicular access to a street or a driveway from a private street which functions as a public street based on traffic considerations when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the bureau of planning. 3. Parking structures either principal or accessory use: In addition to Section 16-28.028 the following regulations shall apply: a. When located immediately adjacent to the BeltLine Corridor, any public right-of-way, public park, private street or adjacent R-1 through R-5, RLC, R-G, MR, PD-H District: i. Shall be delineated to, and including, the third story above the sidewalk-level executed through windows, belt courses, cornice lines or similar architectural detailing and shall conceal automobiles from view. Said structure shall have an appearance similar to that of the adjoining or attached residential, commercial or mixed-use structure.

SECTION 58: That Part III (Land Development Code), Part 19 (Fees, Permits, Licenses and Charges), Chapter 1 (Development Impact Fees), Section 19-1014 be amended such that it shall read as follows (with permanent amendments in bold font and permanent deletions in strikeout font): Sec. 19-1014. - Credits.

20-O-1381 Last Updated: 06/3/20 (a) Policies. The following requirements shall apply to all credits against development impact fees otherwise permitted by this section: (1) No credits shall be given for project improvements. (2) Except for reimbursements allowed pursuant to subsection 19-1014(d)(4), credits shall be allowable and payable only to offset future development impact fees and shall not result in reimbursement from, nor constitute a liability of, the city. (3) Credits shall be given only for the present value of any construction of improvements or contribution or dedication of land or money by a developer or his predecessor in title or interest for system improvements of the same category and in the same service area for which a development impact fee was imposed, except where further specific restrictions are set forth in this section. Any transfer or assignment of credits shall be expressly stated in writing, and in the absence of an express transfer or assignment of the right to any credit, the credit shall be deemed "not to run with the land." (4) In the event that any development impact fee schedule is subsequently changed to reflect increases in construction costs or other relevant factors, a credit holder may request a recalculation of credits to fairly reflect such changed circumstances. In the event that any development impact fee schedule is subsequently changed to reflect decreases in construction costs or other relevant factors, the city may recalculate such credits to fairly reflect such changed circumstances. (5) Any claim for a credit that is based upon any construction of improvements or contribution or dedication of land or money which was required or accepted by the city prior to the effective date shall be treated as a pre-ordinance credit regardless of the actual date of acceptance of the construction, contribution or dedication by the city. (b) Computation of Credits. All credits shall be computed in accordance with the requirements set forth in this subsection. (1) The present value of cash contributions shall be based on the face value of the cash payment at the time of contribution. (2) For the present value of any contribution or dedication of land accepted for system improvements by the city from the developer, or his predecessor in title or interest, the value of contributed land shall be determined by the director based on a review of property appraisals applicable to the date of the dedication prepared by qualified professionals. (3) The present value of construction of system improvements shall be the present value of the lower of the value of the completed improvements based on an appraisal prepared by qualified professionals acceptable to the city, or the actual construction cost of the improvements. The cost or appraisal basis shall be adjusted to the date of actual construction or dedication. (4) The person claiming any credit shall be responsible for providing appraisals of land and improvements, construction cost figures, and documentation of all contributions and dedications necessary to the computation of the credits claimed. The city shall have no obligation to grant credit under this section to any person who cannot provide such documentation in such form as the director may reasonably require. The director may accept appraisals from the developer that were conducted contemporaneously with the original dedication or construction if the director determines that said appraisals are reasonably applicable to the computation of credit due. The director shall accept subsequent appraisals only if conducted by a certified appraiser or otherwise approved by the director in accordance with guidelines promulgated by the director.

20-O-1381 Last Updated: 06/3/20 (5) The city shall give credit only for construction of improvements or contribution or dedication of land or money actually accepted by the city. Deposit of a check shall be deemed acceptance of cash by the city. Only land dedications formally accepted by the city council or accepted by operation of law shall constitute acceptance for purposes of computing credits under this section. System improvements shall be deemed to be accepted only if and when the commissioner of public works the department of transportation or other applicable official has determined that such improvements meet applicable city standards and agreed on behalf of the city to accept such improvements for maintenance. The acceptance of an offer of dedication of land shall not constitute acceptance of any improvements located thereon unless the action accepting the dedication or other applicable city ordinance shall so provide. (6) For the present value of any previously paid development impact fee, credit shall be equal to the amount of the development impact fee paid. (7) In making the present value calculation, the percentage rate used shall be that of a State of Georgia "A-rated" or better municipal bond sold at the bond sale nearest the date on which the present value calculation is made. (c) Time to Claim Credits. (1) Any person claiming a credit shall apply to the director to claim such a credit no later than the date of application for the building permit to which the person applying wishes to have the credit apply. Any portion of a credit not claimed by such date shall be deemed waived. (2) Any person claiming a pre-ordinance credit for construction, contributions or dedications pursuant to subsection 19-1014(e) shall file an application claiming the full amount of such credit with the director on or before April 1, 1994. (3) Any person entitled to a pre-ordinance credit for construction, contributions or dedications pursuant to subsection 19-1014(e) must utilize said credit within ten years of the effective date. (4) No credits of any kind shall be available for construction, contributions or dedications that occurred more than ten years prior to the effective date. (5) The time for persons entitled to a pre-ordinance credit for construction, contributions or dedications pursuant to subsection 19-1014(e), and limited by subsection 19-1014(c)(3) to 10 years from the effective date, is extended until March 26, 2007. (d) Post-Ordinance Credits/Reimbursements. Credit shall be given for the present value of the construction of improvements or contribution or dedication of land or money by a developer required or accepted by the city from the developer or his predecessor in title or interest for system improvements subsequent to the effective date ("Post-ordinance credits") in accordance with the following requirements: (1) A person claiming post-ordinance credits shall submit to the director a project description in sufficient detail to allow the commissioner of the department of public works transportation to prepare an engineering and construction cost estimate. A person proposing credit for system improvements shall present cost estimates and property appraisals prepared by qualified professionals to be used by the director in determining the amount of the credit. All construction must be made in accordance with applicable city development and design standards. A person proposing post-ordinance credits for land dedication shall present the director with property appraisals prepared by qualified professionals to be used by the director in determining the amount of credit. The director retains the right to determine the amount to be credited by causing to be prepared engineering and construction cost estimates and/or property appraisals for those improvements and/or right-of-way dedications.

20-O-1381 Last Updated: 06/3/20 (2) All other requirements of this section 19-1014 are met. (3) In the event that post-ordinance credits are claimed prior to the completion of construction of the system improvements for which the post-ordinance credits is claimed, security to insure completion of the system improvements in the form of a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with the city, made payable to the city in the amount approved by the director equal to 110 percent of the full cost of the construction of system improvements. If a system improvement will not be constructed within one year of the acceptance of the offer by the city, the amount of the security shall be increased by ten percent compounded, for each year of the life of the security. The security shall be reviewed and approved by the city's chief financial officer prior to the acceptance of the security by the city. (4) In the event a developer contracts with the city to construct, fund, or contribute toward system improvements so that the amount of the post-ordinance credit created by such construction, funding or contribution is in excess of the development impact fee which would have been otherwise due and owing, the developer shall be reimbursed for such excess contribution, funding, or contribution from, and to the extent that, funds from development impact fees for the same category of system improvements located in the service area which has benefited by such improvements are available, provided such system improvements are included in the capital improvements program of the comprehensive development plan. A developer who is a party to such a contract may apply for reimbursement only after completing all buildings or other private improvements shown on any approved or proposed plans of that developer within the service area and thereby exhausting all available development impact fee credit opportunities. The city shall reimburse the developer within 180 days after the date development impact fees from other development in the service area are received by the department of finance. (e) Pre-Ordinance Credits. Credit shall be given for the present value of the construction of improvements or contribution or dedication of land or money by a developer required or accepted by the city from the developer or his predecessor in title or interest for system improvements prior to the effective date as set forth in subsection 19-1014(a)(5) ("Pre-ordinance credit") in accordance with the following requirements: (1) Said credits shall be applied only to development impact fees otherwise due for future development within the same service area and within the same category of system improvements. (2) All other requirements of this section 19-1014 are met. (3) The director shall deduct from the present value of the pre-ordinance credit the present value of the development impact fee that would have been charged for buildings or improvements within the project had this chapter been in effect on the date that the building permit(s) for construction of said buildings or improvements was filed, provided that said deductions will apply only to buildings or improvements for which a building permit was issued within ten years prior to the effective date. (4) The time for the director to deduct from the present value of the development impact fee the present value of the development impact fee that would have been charged for buildings or improvements within the project had this chapter been in effect on the date that the building permit(s) for construction of said buildings or improvements was filed and which is limited by subsection 19-1014(e)(4) to permits filed prior to ten years from the effective date is extended until March 26, 2007. (f) Abandonment of Building Permit. In the event that a developer pays a development impact fee and then abandons the building permit or other permit to which it was appurtenant without constructing the building or other improvement, the developer shall receive credit for the present value of any

20-O-1381 Last Updated: 06/3/20 development impact fees paid. These credits shall be available only for use in payment of future development impact fees for the same lot or parcel of land for which they were originally paid. SECTION 59: That Chapter 18U (SPI-21 Historic West End/Adair Park Special Public Interest District Regulations), Section 16-18U.037 continues to be reserved

SECTION 60: The amendments in this ordinance shall become effective July 1, 2020.

SECTION 61: That Appendix B: Fees shall be revised, as necessary, to reflect the rate adjustments in accordance with the provisions of this ordinance.

SECTION 62: Should any ordinance or part thereof be found in conflict with this ordinance or the provisions thereof, then those sections contained herein shall be deemed controlling.

SECTION 63: That the Municipal Clerk is instructed to retain all legislative history references in the codified version of Part III, Land Development Code, Part 15 Land Subdivision Ordinance, Part 16 Zoning and Part 19, Fees, Permits, Licenses and Charges, not deleting any such references, but amending them to include this ordinance.

20-O-1381 Last Updated: 06/3/20