Atlanta Municipal Code
R-5 Zoning

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CHAPTER 7. R-5 TWO-FAMILY RESIDENTIAL DISTRICT REGULATIONS

Sec. 16-07.001. 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 R-5 Two-Family Residential District.
(Code 1977, § 16-07.001)

Sec. 16-07.002. Statement of intent.
The intent of this chapter in establishing the R-5 Two-Family Residential District is as follows:
(1) To provide for the development of medium-density residential areas in a manner which will encourage owner occupancy of individual buildings and lots as well as provide variety in the rental housing stock available to residents of the city.
(2) To encourage neighborhood maintenance and preservation by allowing the conversion of large single-family homes to two-family use.
(3) To provide for development of the required recreational, religious and educational facilities as basic elements of a balanced community.
(Code 1977, § 16-07.002)

Sec. 16-07.003. Permitted principal uses and structures.
A building or premises shall be used only for the following principal purposes:
(1) Single-family or two-family dwelling.
(2) Public schools through the secondary level operated by the Atlanta Board of Education, having no dwelling or lodging facilities except for caretakers.
(3) Single-family detached dwellings.
(4) Structures and uses required for operation of MARTA, but not including uses involving storage, train yards, warehousing, switching or maintenance shops as the primary purpose.
(Code 1977, § 16-07.003)

Sec. 16-07.004. Permitted accessory uses and structures.
Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures are permitted. These include but are not limited to the following, subject to limitations and requirements set forth herein or elsewhere in this part:
(1) Greenhouses, garden sheds, private garages and similar structures.
(2) Barns for keeping of horses, provided that no such barn shall be within 50 feet of any lot line.
(3) Guest houses, servant quarters, or lodging facilities for caretakers or watchmen.
(4) Swimming pools, tennis courts and similar facilities.
(5) Home occupation, subject to limitations set forth in section 16-29.001(17).
(6) Structures necessary for active construction projects.
(7) Devices for the generation of energy, such as solar panels, wind generators and similar devices.
(8) Amateur radio service antenna structures 70 feet or less in height. Amateur radio service antenna towers over 70 feet in height shall be by special use permit and comply with the requirements of 16-25.002(3)h, except that subsection h(ii) and subsection h(iv)(d) shall not be applicable to such applications.
Except in the case of home occupation, no accessory use shall be of a commercial nature.
No accessory building shall be constructed until construction of the principal building has actually begun, and no accessory building shall be used or occupied until the principal building is completed and in use.
(Code 1977, § 16-07.004)

Sec. 16-07.005. 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:
(1) Special use permits:
(a) Cemeteries, mausoleums and columbariums.
(b) Child care nurseries, day care centers, pre-kindergartens, kindergartens, play and other special schools or day care facilities for young children.
(c) Churches, synagogues, temples, mosques and other religious worship facilities.
(d) Civil, service, garden, neighborhood or private clubs.
(e) Colleges and universities, other than trade schools, business colleges and similar uses.
(f) Extraction or removal of sand, gravel, topsoil, clay, dirt, or other natural resources.
(g) Personal care homes, and rehabilitation centers.
(h) Landfills.
(i) Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications greater than 70 feet in height, except 1) alternative design mounting structures and 2) new or additional uses of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k).
(j) Nursing homes.
(k) Parks, playgrounds, stadiums, baseball or football fields, golf courses, sports arenas, recreational centers, community centers and community services facilities, and the like, when not owned or operated by a governmental agency.
(l) Private schools.
(2) Special administrative permits:
(a) Zero-lot-line subdivision of lots with existing two-family dwellings. See section 16-28.011(6).
(b) Repealed;
(c) Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications 70 feet or less in height, alternative design mounting structures, and new or additional uses of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k).
(d) Whenever an application for such a permit is made, the director of the bureau of planning shall provide prior notification to the pertinent district council member and at-large council members.
(3) Special exceptions:
(a) Churches, synagogues, temples, mosques and other religious worship facilities, where lot area is one acre or less.
(b) Structures and uses required for operation of a public utility, except uses involving storage, train yards, warehousing, switching, or maintenance shops as the primary purpose.
(Code 1977, § 16-07.005; Ord. No. 1995-40, § 1, 8-14-95; Ord. No. 1997-06, § 4, 2-10-97; Ord. No. 1997-65, § 1, 11-10-97; Ord. No. 2001-96, §§ XVIII, XIX, 12-12-01; Ord. No. 2004-53, §§ 10A--10C, 8-20-04; Ord. No. 2005-21, §§ 1, 2, 3-25-05)

Sec. 16-07.006. Transitional uses, structures, requirements.
None.
(Code 1977, § 16-07.006)

Sec. 16-07.007. Minimum lot requirements.
The following minimum lot requirements shall apply to all uses approved by special permits as well as permitted uses:
(1) Churches, temples, synagogues, mosques and similar religious facilities, except when authorized by a special permit.
(2) Single-family detached dwellings and all other uses: Every lot shall have an area of not less than 7500 square feet and a frontage of not less than 50 feet, except for zero-lot-line development.
(3) Single-family zero-lot-line development; single lot area: 2500 square feet with a minimum combined area of 7500 square feet; lot width: Not less than 10 feet, with a minimum combined width of 50 feet. See section 16-28.007.
(4) If a lot has less area of 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.
(5) Two-family dwellings: Lot area and lot frontage requirements shall be as stated in subsection (2) above. Floor area of the structure shall not exceed 0.50, except that no limit on floor area shall be established for those structures in which one of the dwelling units does not exceed 750 square feet.
(Code 1977, § 16-07.007; Ord. No. 2005-21, §§ 1, 2, 3-25-05)

Sec. 16-07.008. Minimum yard requirements.
The following minimum yard requirements shall apply to all uses approved by special permits as well as permitted uses:
(1) Front yard: There shall be a front yard having a depth of not less than 30 feet.
(2) Side yard: There shall be two side yards, one on each side of the main building, each having a width of not less than seven feet, except for zero-lot-line development where no side yard is required along the internal lot line.
(3) Rear yard: There shall be a rear yard of not less than seven feet except for zero-lot-line units where the internal side or rear lot line may be reduced to zero feet.
(4) Accessory structures: Accessory structures, when permitted, shall be placed to the side or rear of the main structure within the buildable area of the lot so as not to project beyond the front of the main structure. For fences, see section 16-28.008(5).
(5) Maximum lot coverage: Maximum lot coverage within this district shall not exceed 50 percent of total lot area.
(Code 1977, § 16-07.008; Ord. No. 2000-33, § 2, 5-24-00)

Sec. 16-07.009. Maximum height.
The following height limitations shall apply to all uses approved by special permits as well as permitted uses: No building shall exceed 35 feet in height. See section 16-28.022 for excluded portions of structures.
(Code 1977, § 16-07.009)

Sec. 16-07.010. Minimum off-street parking requirements.
The following parking requirements shall apply to all uses approved by special permit as well as permitted uses (see section 16-28.014):
(1) Single-family detached dwellings and single-family zero-lot-line detached, semidetached, and attached dwellings: One space per dwelling.
(2) Two-family dwellings: One space per dwelling for structures in which one of the dwelling units does not exceed 750 square feet. For two-family structures, other than those provided for above, parking shall be provided as follows:
a. One space per dwelling for dwellings with up to three bedrooms.
b. One space per dwelling plus one space for each bedroom above three bedrooms for dwellings with four or more bedrooms.
For the purpose of determining the number of bedrooms, all rooms suitable for occupancy other than those specifically designed as a kitchen, bathroom, living room or dining room, whether designated as a den, study, recreation room or similar name, shall be counted as a bedroom. Notwithstanding any other provisions of this part, for two-family dwellings in which either dwelling has four or more bedrooms, all parking shall be located in the side or rear yard behind the front facade of the building.
(3) Schools, colleges, churches, recreational or community centers and other places of assembly: One space for each four fixed seats (with 18 inches of 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:
(a) Public or private elementary or middle school: Two spaces for each classroom.
(b) High school: Four spaces for each classroom.
(c) Colleges and universities: Eight spaces for each classroom.
(4) Nursing homes are required to have one space for each two employees and one additional space if there are three or fewer occupants. If there are four to six occupants, a second additional space is required.
(5) Child care centers, day care centers, pre-kindergartens, kindergartens, 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-street parking, such establishments shall provide safe and convenient facilities for loading and unloading children as approved by the director, bureau of traffic and transportation.
(6) Other uses: One space for each 300 square feet of floor area.
(Code 1977, § 16-07.010; Ord. No. 2004-53, § 10D, 8-20-04)