Atlanta
Municipal Code
R-5 Zoning
See:
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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)
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