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CHAPTER 18L. SPI-12 BUCKHEAD/LENOX STATIONS SPECIAL PUBLIC INTEREST DISTRICT Sec. 16-18L.001. Scope of Provisions. the Regulat

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CHAPTER 18L. SPI-12 BUCKHEAD/LENOX STATIONS SPECIAL PUBLIC INTEREST DISTRICT Sec. 16-18L.001. Scope of Provisions. the Regulat CHAPTER 18L. SPI-12 BUCKHEAD/LENOX STATIONS SPECIAL PUBLIC INTEREST DISTRICT Sec. 16-18L.001. Scope of Provisions. The regulations set forth in this chapter, or set forth elsewhere in this part when referred to in this chapter, are the regulations in the SPI-12 Buckhead/Lenox Stations Special Public Interest District. Ord. No. 1996-65, §§ 1,2,8-28-96) Sec. 16-18L.002. Statement of intent. The intent of the council in establishing the SPI-12 Buckhead/Lenox Stations Special Public Interest District as an overlay zoning district is as follows: (1) Preserve and protect the Buckhead/Lenox MARTA Stations area for high-density housing, office, hotel, retail and related accessory uses appropriate to the major development center in the north sector of the city; (2) Encourage the development of high-density housing within mixed use complexes or as independent buildings within this district; (3) Encourage opportunities for economic development, both residential and commercial, in the Buckhead/Lenox Stations area where there is a planned relationship between the transportation system and development; (4) Facilitate safe and convenient pedestrian circulation and minimize conflict between pedestrians and vehicles in order to improve pedestrian access to the Lenox and Buckhead MARTA stations through the implementation of the pedestrian space requirements of this chapter; (5) Encourage pedestrian flow through the design of buildings with retail uses at the ground level which open directly onto streets and pedestrian ways and which encourage active street and pedestrian life; (6) Encourage use of public transportation, minimize on-site parking requirements, and encourage shared parking in mixed use developments; (7) Encourage reduction in number of single-occupancy vehicle work trips through implementation of transportation management plans; (8) Facilitate safe and convenient bicycle access to the Buckhead and Lenox MARTA Stations consistent with the Atlanta Greenway Trail Plan and the on-street bicycle route plan contained within the comprehensive development plan of the city; (9) Modify the district regulations of all properties which are contained within the Buckhead/Lenox Stations District; and (10) Preserve and protect the single-family residential neighborhoods which adjoin the Buckhead/Lenox Stations District including Brookhaven, Buckhead Forest, North Buckhead, Peachtree Park, Pine Hills and Ridgedale Park. (Ord. No. 1996-65, §§ 1,2,8-28-96) Sec. 16-18L.003. Boundaries of district established. The boundaries of the Buckhead/Lenox Stations Special Public Interest District shall be as shown on map attachment “A” which by this reference is incorporated into and made a part of this chapter and this part. (Ord. No. 1996—65, §§ 1,2,8-28-96) Sec. 16-18L.004. Permitted principal uses and structures. The Buckhead/Lenox Stations Special Public Interest District is an overlay Special Public Interest District and buildings or premises shall be used only for uses permitted in the underlying zoning district for each parcel of land within the district. Independent parking garages and independent surface parking lots are not permitted uses within the district. No drive-in use, other than a drive-in banking facility, shall be permitted within 1,000 feet of any portion of the Buckhead MARTA Station or the Lenox MARTA Station. The following further limitations shall apply to the construction of nonresidential buildings which are located within 1,000 feet of either the Buckhead MARTA Station or the Lenox MARTA Station: (1) The total amount of nonresidential floor space permissible in one, two- and three story buildings, whether freestanding or attached, shall not exceed an amount equally 20 percent of the total floor area of the entire building complex, and is permissible only on parcels having a total floor area ratio of not less than .65, including any combination of office, commercial, or hotel use otherwise permitted by this part. Any one-,two- and three-story nonresidential floor space existing at the time of adoption of this chapter shall not be included in calculating the limitation imposed within this subsection. (2) Lots of one acre or less and regional shopping centers which exceed 800,000 square feet of gross leasable floor area are exempted from section 16-18L.004(I) above. No use or operation of any structure or premises shall be permitted within the district which is obnoxious or offensive by reason of odor, smoke, noise, glare, fumes, gas, vibrations, unusual danger of fire or explosion, emission of particulate matter, or interference with radio or television communication, or is otherwise incompatible with the character of the district and its relation to adjoining districts. (Ord. No. 1996-65, §§ 1,2,8-28-96) Sec. 16-18L.005. Permitted accessory uses and structures. Accessory uses and structures permitted within this district shall include those customarily accessory and clearly incidental to permitted principal uses and structures and specifically include clubhouses, pools and other recreation amenities and child care facilities to serve residential and commercial uses within the district. (Ord. No. 1996-65, §§ 1,2,8-28-96) Sec. 16-18L.006. Special permits. The following uses are permissible only by special permits of the kinds indicated, subject to limitations and requirements set forth herein or elsewhere in this part, subject to the procedures and requirements set forth in sections 16-18.005 and 16-25.004. (1) Special use permits: a. Helicopter landing facetious. b. Outdoor amusement enterprises, exhibits, entertainments, meetings, displays or sales areas, or outdoor areas for religious ceremonies of 90 days duration or longer. (2) Special administrative permits: a. All new construction, including additions to existing buildings, or any construction which results in increased lot coverage within this district, is subject to site plan review and approval through special administrative permit pursuant to chapter 25 of this part. b. Outdoor amusement enterprises, exhibits, entertainment, meetings, displays or sales areas, or outdoor areas for religious ceremonies of less than 90 days’ duration. (3) Special exceptions: None. Ord. No. 1996-65, §§ 1,2,8-28-96) Sec. 16-18L.007. Street tree planting requirements. There shall be a continuous street-tree planting zone adjacent to the curb which shall be not less than five feet in width. In addition to the planting of trees as is required in this section, this zone is also intended for the placement of utility poles and street furniture including fire hydrants, newspaper vending boxes and similar elements. Trees shall be planted a maximum of 40 feet on center within said five foot street tree planting zone. Said zone shall have five foot by eight foot tree grates or shall be planted with continuous ground cover. Newly planted trees shall be a minimum of three inches in caliper measured six inches above ground level, shall be a minimum of ten feet in height, shall have a 40 foot minimum mature height, shall be drought tolerant, and shall be limbed up to a minimum height of seven feet. The director of the bureau of planning shall promulgate a plant palette for the district. Indigenous and other species contained in the plant palette shall be used provided they are reasonably available. A copy of the plant palette for the district shall be filed with the municipal clerk and shall be made available to the public both in the bureau of planning and the bureau of buildings. The provisions of this section 16-18L.007 are subject to the further limitations contained within section 16-18L.015 of this chapter. The director of the bureau of planning is hereby authorized to approve plans for any project located on any state route within this district, which, while at variance with the requirements of this section, provide an equal or greater level of public protection in those cases in which the Georgia Department of Transportation will not approve plans which are otherwise required by this section. (Ord. No. 1996-65, §§ 1,2,8-28-96) Sec. 16-18L.008. Sidewalk requirements. Sidewalks shall be built along all public streets within the district except along the Buckhead Loop (Lenox Road) from Peachtree Road north and west to Piedmont Road. All sidewalks shall have a minimum clear zone of ten feet in width and in addition shall provide the five foot wide street tree planting and street furniture zone adjacent to the curb as is required above, except that all properties fronting on Peachtree Road shall provide sidewalks having a minimum clear zone of 15 feet in width and in addition shall provide the five foot wide street tree planting and street furniture zone adjacent to the curb. The provisions of this section 16-18L.008 are subject to the further limitations contained within section 16-18L.015 of this chapter. (Ord. No. 1996-65, §§ 1,2,8-28-96) Sec. 16-18L.009. Sight distance triangle; relationship of buildings to streets; Commercial uses at street level; building setbacks. (a) All buildings shall be designed so as to provide a 20-foot sight distance triangle at street corners. (b) All lots within this district which have frontage on Peachtree Road from Piedmont Road east to Peachtree-Dunwoody Road and lots within this district which have frontage on Lenox Road from Peachtree Road south to East Paces Ferry Road shall be referred to and known as the “primary pedestrian district.” All lots within the primary pedestrian district shall be developed with buildings facing said streets and with the primary building entrance facing onto the sidewalk and street. All nonresidential buildings within the primary pedestrian district shall have commercial uses on the ground floor level facing the public street and directly accessible from the street and sidewalk. For the purposes of this chapter, commercial use shall lean any retail use, business or professional service, personal service, repair service, or eating or drinking establishment.
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