Peachtree Road & Kingsboro Road ~ Atlanta, GA.
Brookhaven / Buckhead

LAND FOR SALE
3727 Peachtree Road

Current Zoning on both Parcels is RG3C

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-G Residential General District.
(Code 1977, § 16-08.001)

Sec. 16-08.002. Statement of intent.
The intent of this chapter in establishing the R-G Residential General District is as follows:
(1)   To provide for a range of residential densities that are compatible with the surrounding residential environment, and with the comprehensive development plan.
(2)   To provide for supporting facilities, either as permitted uses and structures or as uses permissible by special permit.
(3)   To encourage maintenance and preservation of existing large dwellings by allowing conversion to two-family or multifamily use.
(Code 1977, § 16-08.002; Ord. No. 2000-08, § 1, 2-16-00)

Sec. 16-08.003. Permitted principal uses and structures.
A building or premises shall be used only for the following principal purposes:
(1)   Churches, synagogues, temples, mosques and other religious worship facilities, having a minimum lot area of one acre.
(2)   Colleges and universities, other than trade schools, business colleges, and similar institutions.
(3)   Dormitories, fraternities and sororities.
(4)   Multifamily dwellings.
(5)   Public schools.
(6)   Roominghouses.
(7)   Single-family detached dwellings and two-family dwellings.
(8)   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, § 16-08.003; Ord. No. 2000-08, § 2, 2-16-00; Ord. No. 2005-21, §§ 1, 2, 3-25-05)

Sec. 16-08.004. Permitted accessory uses and structures.
A building or premises shall be used only for the following accessory purposes:
(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)   Devices for the generation of energy, such as solar panels, wind generators and similar devices.
(7)   In connection with multifamily dwellings containing 50 or more dwelling units, the following shall be permitted as accessory uses, subject to the limitations set forth herein:
(a)   Establishments for sale of convenience goods. Nothing in this provision shall permit the location of package stores as defined in article a, section 14-2001, Definitions, Package store area--retail store for the sale of packaged spirituous liquors.
(b)   Eating and drinking establishments.
(c)   Personal and professional service establishments.
(d)   Child care nurseries, day care centers, prekindergartens, kindergartens, play and other special schools or day care facilities for young children.
(e)   Clubhouses and similar facilities.
Such establishments shall be designed and scaled to meet only the requirements of the occupants. Such establishments shall not in combination occupy more than five percent of the total floor area of the total development, and such accessory space shall be counted as a part of the total development permission allowed for each such site. Further, all such accessory uses shall be confined to locations in the basement or first floor level buildings and shall have access only from the interior of the lobby. Allsuch establishments which are located within multiple-building complexes shall be so situated that no portion of any such accessory use is visible in whole or in part from any public street. No such accessory uses for any individual site shall contain more than a total of 10,000 square feet and no individual accessory use shall occupy more than 20 percent of the total accessory space which is otherwise permitted. 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, or in the case of multiple-family building complexes no accessory use shall commence operation until at least 50 percent of the total proposed dwelling units are occupied.
(Code 1977, § 16-08.004)

Sec. 16-08.005. Special permits.
The following uses are permissible only by special permit of the kind indicated, subject to limitations and requirements set forth herein or elsewhere in this part:
(1)   Special use permits:   
(a)   Cemeteries and mausoleums.
(b)   Child care nurseries, day care centers, prekindergartens, kindergartens, play and other special schools or day care facilities for young children.
(c)   Civic, service, garden, neighborhood or private club.
(d)   Colleges and universities, other than trade schools, business colleges and similar uses.
(e)   Extraction or removal of sand, gravel, topsoil, clay, dirt or other natural resources.
(f)   Personal care homes, assisted living facilities and rehabilitation centers.
(g)   Landfills.
(h)   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).
(i)   Nursing homes.
(j)   Parks, playgrounds, stadiums, baseball or football fields, golf courses, sports arenas, recreational centers, community centers and community service facilities, and the like, when not owned or operated by a governmental agency.
(k)   Private schools.
(2)   Special administrative permit:   
(a)   Zero-lot-line development. 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 councilmember and at-large councilmembers.
(3)   Special exceptions:   
(a)   Churches, synagogues, temples, mosques and other religious worship facilities where lot area is less than one acre.
(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, § 16-08.005; Ord. No. 1997-06, § 4, 2-10-97; Ord. No. 1997-65, § 1, 11-10-97; Ord. No. 2001-96, §§ XX, XXI, 12-12-01; Ord. No. 2004-53, §§ 11A--11C, 8-20-04; Ord. No. 2005-21, §§ 1, 2, 3-25-05)

Sec. 16-08.006. Transitional uses, structures, requirements.
The following height limitations shall apply to all uses approved by special permits as well as permitted uses:
Transitional height planes:  Where this district adjoins a district in R-1 through R-5 classification without an intervening street, height within the district shall be limited as follows: No portion of any structure shall protrude through a height-limiting plane beginning 35 feet above the buildable area boundary nearest to the common district boundary and extending inward over this district at an angle of 45 degrees. 
(Code 1977, § 16-08.006)

Sec. 16-08.007. 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:  Minimum net lot, one acre when permitted by special exception. 
(2)   Single-family and two-family dwellings:  Minimum lot width of 50 feet; minimum net lot area of 5,000 square feet, except zero-lot-line development. 
(2a)   Single-family zero-lot-line development:  Single-lot area: 2,500 square feet with a minimum combined area of 5,000 square feet; lot width: Not less than ten feet, with a minimum combined width of 50 feet. (See section 16-28.007.) 
(3)   The following standard ratios on Table I, "Land Use Intensity Ratios," shall apply to two-family dwellings, multi-family dwellings, zero-lot-line dwellings, residence hotels, apartment hotels, rooming houses, boarding houses, containing living quarters for five or more persons, and dormitories, fraternities and sorority houses. They are allowed at the maximum ratios for each of the five sectors as so designated on the official map. Any change in the Residential General (RG) sector designation or change fromany other classification to an RG district which carries a sector designation shall require an amendment of the official map as prescribed for amendments generally (chapter 27). For the purpose of obtaining a building permit, the ratios indicated for Total Open Space (TOSR), Useable Open Space (USOR), and parking shall be used according to the nearest Floor Area Ratio (FAR) (shown on Table I) to the actual FAR for the development as indicated on the plans presented.
(4)   All other uses:  Minimum lot width of 50 feet; minimum net lot area of 20,000 square feet. 
(Code 1977, § 16-08.007; Ord. No. 2000-08, § 3, 2-16-00; Ord. No. 2001-74, § 2, 10-10-01; Ord. No. 2005-21, §§ 1, 2, 3-25-05)

Sec. 16-08.008. Minimum yard requirements.
(1)   Front yard:  40 feet. 
(2)   Side or rear yard:  As determined under section 16-28.011(5)(e)a. and b., except for duplex zero-lot-line development. 
(2a)   Side or rear yard:  Duplex zero lot line development: No side yard is required along the internal lot line. The internal side or rear lot line may be reduced to zero feet. 
(Code 1977, § 16-08.008; Ord. No. 2001-74, § 3, 10-10-01)

Sec. 16-08.009. Maximum height.
None except as required in section 16-08.006.
(Code 1977, § 16-08.009)

Sec. 16-08.010. 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)   Schools, colleges, churches, recreation 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. 
(2)   Nursing homes are required to have one space for each four beds. Personal care homes, assisted living facilities, and rehabilitation centers with a residential component are required to have the amount of parking specified by the Land Use Intensity Ratios Table.
(3)   Child care centers, day care centers, prekindergartens, 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. 
(4)   Two-family dwellings, multifamily dwellings and zero-lot-line dwellings and lodging units:  Off-street parking ratios per dwelling unit or lodging unit shall be determined from Table I by applying the applicable FAR. See section 16-28.008(7). 
(5)   All accessory uses cited in section 16-08.004 shall provide one additional space per 300 square feet of floor area devoted to such space.
(6)   Other uses:  One space for each 300 square feet of floor area. 
(7)   Accessory outdoor dining:  Limited to 25 percent of the total gross floor area of the building or business with no parking requirement; over 25 percent must provide one space per 600 s.f. of the total accessory outdoor dining area including the 25 percent non-exempt floor area. 
__________
TABLE I
LAND USE INTENSITY RATIOS
LUI Ratios  Times  Gross Land Area   
TABLE INSET:

See section 16-28.010 for definitions of terms. See also section 16-28.00867.
(Code 1977, § 16-08.010; Ord. No. 2000-08, § 4, 2-16-00; Ord. No. 2002-26, § 2, 3-14-02; Ord. No. 2004-53, § 11D, 8-20-04)