September 22, 2020:

Atlanta adopts new historic district in Poncey-Highland.

Read more about this designation via the City of Atlanta Department of City Planning!

PLEASE NOTE: This page is under construction.
We’ll update the below content soon to reflect the new Poncey-Highland Historic District designation.
If you have a question related to land use and planning, please email phhistoric@gmail.com.
Find the property owner notification packet with more details and regs from the City HERE.

PLANNING & VARIANCES

The neighborhoods that became modern-day Poncey-Highland were originally planned and developed in the early teens and 20’s based on zoning codes and ordinances in place at the time. Consequently, Poncey-Highland features walkable, tree-lined streets and many older homes, which is what attracted many of us to the neighborhood.

As residents choose to renovate or improve their homes to stay in the neighborhood rather than leave when their needs change, they discover that these original conditions mean that their setbacks don’t comply with the zoning codes and ordinances put in place in 1982, which are still mostly in effect today. Depending on what it is that they seek to do, they might need to apply for a variance.

The City of Atlanta’s zoning codes and ordinances are designed to protect the quality of life and property values of its residential communities. But since many existing conditions in older Intown neighborhoods like Poncey-Highland don’t conform to the letter of the regulations, the City has a variance process for projects that conform to the spirit of the regulations. This variance process enables a home owner to secure a building permit for renovations which may not technically conform to current zoning standards but address an allowance needed to achieve better design or address a hardship created by the fact that existing conditions don’t match the current regulations.

When you need a variance, PHNA, in particular the land use committee, is here to walk you through the process.

I applied for a permit and I was told I need a variance. What is the process?

The process has multiple parts.

  • Poncey-Highland Neighborhood Association (PHNA) Land Use Committee meeting (usually the 2d Wednesday of the month)

  • PHNA General meeting (usually the 3rd Wednesday of the month)

  • NPU-N (usually the 4th Thursday of the month)

  • Board of Zoning Adjustments (BZA) (as scheduled when your application is filed)

After you submit you variance application, it will be forwarded to the NPU-N chair who will forward it to the PHNA Land Use Committee (you can also reach out directly to the committee in advance). You’ll meet with the PHNA Land Use Committee, which votes to recommend to support or not support your application and may suggest changes or conditions to support. This recommendation is taken to the PHNA general meeting, where a vote is taken to support or not support your application. This recommendation is conveyed to the Neighborhood Planning Unit N, which considers your application and votes to support or not support your application. NPU-N’s recommendation is the one that is communicated to the BZA, which makes the decision whether or not to grant your variance. At each step of the process an application may be deferred. Usually a deferral happens when not an application is not complete or an applicant needs more time to work out details or respond to a request for additional information.

Current and recent PHNA applications below.

Applications will appear on PHNA agenda in the month listed. see NPU-N Agendas here. (Applicants usually appear at NPU-N the same month they appear at PHNA, but not always.) Also, follow these links for Board of Zoning Adjustment (BZA) and Zoning review board (ZRB) Agendas.

PHNA PHNA

22-O-1773 / Z-22-78 (Ponce/North Ave Ordinance)

  1. Ordinance to rezone multiple properties along Ponce de Leon Avenue & North Avenue to add a zoning condition prohibiting drive-through facilities & drive-in facilities as an allowable use.

  2. As Poncey-Highland is a Historic District which removed underlying zoning categories, this ordinance does not rezone any properties that are part of the Poncey-Highland Historic District. Drive-in and drive-through facilities are already prohibited in the Poncey-Highland Historic District regulations.

  3. This item is on the NPU-N agenda for a vote in November.

Reminder: You must be a current PHNA Resident Member to vote on zoning related issues.

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21-O-1209 / Z-22-25 Ordinance (Ghost Kitchens)

  • Ordinance to amend the City of Atlanta Zoning to create definitions of “Commercial Food Preparation” and “Delivery-Based Commercial Kitchen” (ie. Ghost Kitchens) to differentiate between uses, amend the permitted uses in I-1 (Light Industrial) and C-1 (Community Business Districts), and add off-street parking requirements for commercial food preparation in I-1 and off-street parking requirements and loading for delivery-based kitchens in C-1.

  • Reminder: You must be a current PHNA Resident Member to vote on zoning related issues.

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License Review Board (LRB) – alcohol license applications for Illuminarium Experiences (Change of Agent)

  • FOR VOTE:  Applicant seeks a Change of Agent for the three existing alcohol licenses for Illuminarium Experiences (Event Center, Restaurant, & Patio), located at 820 Ralph McGill Boulevard NE (at Common Ground on the BeltLine). 

  • Reminder:  You must be a resident (owner or renter) to vote on land use/zoning issues.  Photo ID and proof of Poncey-Highland residency may be required for new PHNA attendees to validate vote.

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PHNA PHNA

(AMENDED 10/1/21) 21-O-0456 / Z-21-74 (Atlanta City Design Housing Text Amendment)

FOR VOTE: 

  • Please see the original draft and the 9/3/21 amended version of this ACD Housing Text Amendment to get an overview of the proposed legislation.

  • This amended version (received 10/1/21) was prepared in response to the community feedback received to date.

  • The key updates reflected in the October amended version included:

    • Updated Development Controls for MR-MU:

      • Added a table for limiting the maximum dwelling unit size: 2,500 sf for 1st unit, 2,000 sf for 2nd unit, 1,500 sf for each subsequent unit.

      • Updated the allowable maximum lot coverage requirements to be more similar to current R-5 requirements. For 1-4 units, it would be 55%, 5-8 units would be 60%, and 9-12 units would be 65%.

      • Added incentive for historic preservation: When preserving an existing structure that is at least 50 years of age or older and contains at least one dwelling unit, a lot is permitted a 5% lot coverage bonus.

    • Updates to the Accessory Dwelling Unit section:

      • Clarified the language on zero-lot line development to include attached ADUs in addition to detached ADUs. Only one zero-lot line subdivision is allowed per site.

 Reminder:  You must be a resident (owner or renter) to vote on land use/zoning issues.  Photo ID and proof of Poncey-Highland residency may be required for new PHNA attendees to validate vote.

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Z-21-85 Ordinance (Permit Short Term Rentals in Residential Districts)

FOR VOTE: 

  • In March 2021, the City of Atlanta passed Ordinance 20-O-1656, which established a regulatory framework for short-term rentals (STRs) to operate in the City of Atlanta. The legislation requires all short-term rentals to register with the City, creates a structure for addressing short-term rental violations, and outlines standards for short-term rentals.

  • This new proposed legislation is a companion zoning ordinance that will work in conjunction with the established regulatory framework for short-term rentals. This ordinance would allow short-term rentals as a permitted use in the Zoning Code in all residential zoning districts, residential subareas of Special Public Interest Districts and anywhere a dwelling unit is permitted.

  • Defines “Short-term Rental” as an accommodation where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time not to exceed 30 consecutive days. Provided, however, that no accessory dwelling unit may be used as a short-term rental.

Reminder:   You must be a resident (owner or renter) to vote on land use/zoning issues.   Photo ID and proof of Poncey-Highland residency may be required for new PHNA attendees to validate vote.

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767 Ponce De Leon Ave NE - Type III Certificate of Appropriateness

Updated: 1/21/22

  • (CA3-21-459) Application for a Type III Certificate of Appropriateness for the new construction of a commercial structure on the existing site occupied by Dugan’s restaurant. Proposal includes removing the existing building which is not a historic/contributing structure and redeveloping the site for a new custom-designed Chick-fil-A restaurant including indoor and outdoor dining. Proposed restaurant would not have a drive-through but would offer pick-up options.

  • (CA3-21-465) Application for a Type III Certificate of Appropriateness for a variance to reduce the sidewalk amenity and walk zone from 17.5 ft (required) to 15ft. (proposed), a variance to reduce the minimum distance between a surface parking lot and a public sidewalk / street from 30 ft. (required) to 15 ft. (proposed), and a special exception to increase the maximum height of a retaining wall from 4 ft. (required) to 8 ft. (proposed).

  • Property is zoned Poncey-Highland Historic District Subarea 4 (SA4 - Ponce de Leon Mixed-Use).

  • The revised submission to the Atlanta Urban Design Commission in advance of the January 12, 2022 hearing included a 4th variance request for the percentage of fenestration at the ground floor along Ponce de Leon Avenue. Based on the revised submission, the Office of Design’s Historic Preservation Studio staff report indicated that 2 out of 4 of the variances are no longer necessary – the sidewalk width and the retaining walls shown in the revised design meets the Poncey-Highland Historic District regulations.

  • Applicant presented at the Atlanta Urban Design Commission (AUDC) hearing on January 12, 2022. The Staff Recommendation was to approve the applications associated with this property with conditions, including the removal of two proposed parking spaces to better comply with the required minimum distance between the parking lot and sidewalk. The AUDC voted to approve the applications associated with this property with conditions, but amended the conditions to omit the removal of the two proposed parking spaces and clarified that the condition of a dense vegetative screening should run along the entire edge of the parking area at Somerset Terrace. The Applicant’s revised design submission and the Office of Design’s Historic Preservation Studio staff report to AUDC are linked below.

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1036 Williams Mill Road NE - Type III Certificate of Appropriateness

Updated: 12/10/21

  • (CA3-21-452) Application for a Type III Certificate of Appropriateness for the renovations & additions to an existing 1-story brick & frame home, including new 1st floor, rear, and side additions, new 2nd floor addition with new roof, new rear deck, and new rear driveway to replace existing rear driveway.

  • (CA3-21-451) Variance to increase the Floor Area Ratio (F.A.R.) from 0.5 to 0.55.

  • Existing historic/contributing residence in Poncey-Highland Historic District Subarea 1 (SA1 – Residential Core).

  • The Atlanta Urban Design Commission reviewed the CoA application (CA2-21-452) and approved it with revised conditions on November 22nd. However, the variance application (CA3-21-451) was denied without prejudice as variances will not be granted for increases to the floor area ratio. The Office of Design’s Historic Preservation Studio staff reports to the AUDC are linked below.

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(AMENDED 9/9/21) 21-O-0455 / CDP-21-043 (CDP Land Use Amendment)

For Review & Comment: 

  • Please see the original draft of the CDP Land Use Amendment to get an overview of the proposed legislation.

  • The amended version (received 9/9/21) was prepared in response to the community feedback received to date. As we continue to be in the Review & Comment phase this month, there may be additional amendments put forward prior to the final vote.

  • Updates include:

    • Clarifying that the changes apply to certain properties within a ½ mile of existing high-capacity transit stations.

    • Updating the land use designation change for these properties to be changed to low density residential rather than medium density residential. Community feedback had expressed concern that the medium density residential designation in the original draft of the CDP Land Use Amendment could potentially open those properties up to future development at a scale and density greater than the intended MR-MU category. The shift to low density residential would help protect and limit those properties to the MR-MU scale.

Josh Humphries, Director of the Office of Housing & Community Development for the Department of City Planning gave a presentation on the proposed legislation at the August NPU-N Meeting on 8/26/21.  He explained the background on how this legislation was developed and why it is important to Atlanta.  NPU-N representatives were able to provide feedback, comments, and express concerns.  The dialogue included suggestions for amendments which could improve the legislation, some of which are reflected in the amended version above.  To listen to the audio from that presentation, click on this link.  His presentation begins at approximately 1:15:05 and continues to 2:29:00.

We encourage everyone to learn more about the proposed legislation and to engage in the process at the neighborhood & NPU levels.  Questions and comments may also be submitted directly to Josh Humphries at the Office of Housing & Community Development in addition to Councilmember Amir Farokhi who has sponsored this legislation.

Read More
PHNA PHNA

(AMENDED 9/3/21) 21-O-0456 / Z-21-74 (Atlanta City Design Housing Text Amendment)

UPDATE: The Department of City Planning has issued another AMENDED version of this proposed ACD Housing Text Amendment. Please see AMENDED 10/1/21 version for additional information.

For Review & Comment: 

  • Please see the original draft of this ACD Housing Text Amendment to get an overview of the proposed legislation.

  • The amended version (received 9/3/21) was prepared in response to the community feedback received to date. As we continue to be in the Review & Comment phase this month, there may be additional amendments put forward prior to the final vote.

  • The key updates reflected in the September amended version include:

    • Updated Development Controls for MR-MU:

      • Changes min. lot size from 2,000 to 5,000 s.f.

      • Changes min. street frontage from 25’ to 40’

      • Adds a requirement for a 25’ front yard setback (less than 25’ could be approved if one of the 3 adjacent buildings on either side of the lot have an existing setback less than 25’ - the shorter setback could be matched in this case by applying for a special administrative permit)

      • Adds an allowable maximum lot coverage of 75%

      • Adds a front porch requirement for new construction located on blocks where the majority of existing residential structures have porches. Porches would need to be 8’ min. depth and would be required at the ground floor.

    • Updates to the Accessory Dwelling Unit section:

      • Allows detached ADUs to be a maximum of 1,000 s.f. (instead of 750 s.f.), regardless of the size of the main dwelling.

      • Removes language that excluded ADUs from floor area ratio calculations.

      • Unconditioned space in a detached ADU shall count towards the total 30% floor area allowance for accessory structures.

      • Updates for-sale ADU language to clarify that only 1 zero-lot-line is allowed per lot.

Josh Humphries, Director of the Office of Housing & Community Development for the Department of City Planning gave a presentation on the proposed legislation at the August NPU-N Meeting on 8/26/21.  He explained the background on how this legislation was developed and why it is important to Atlanta.  NPU-N representatives were able to provide feedback, comments, and express concerns.  The dialogue included suggestions for amendments which could improve the legislation, some of which are reflected in the amended version above.  To listen to the audio from that presentation, click on this link.  His presentation begins at approximately 1:15:05 and continues to 2:29:00.

We encourage everyone to learn more about the proposed legislation and to engage in the process at the neighborhood & NPU levels.  Questions and comments may also be submitted directly to Josh Humphries at the Office of Housing & Community Development in addition to Councilmember Amir Farokhi who has sponsored this legislation.

Read More
PHNA PHNA

21-O-0454 / Z-21-73 (MR-MU Proactive Rezoning)

For Review & Comment: 

  • An ordinance by Councilmember Amir Farokhi to rezone certain properties within one half mile walking distance of high-capacity transit stations (MARTA) from various low-density residential zoning codes (R4, R4A, & R5) to multifamily residential multi use (MR-MU) to promote a variety of housing options and increase affordability near transit and for other purposes.

  • The goal is to remove regulatory barriers that suppress the market’s ability to provide affordable housing options at a small neighborhood scale.

  • The proactive rezoning is accompanied by a text amendment to change the requirements for MR-MU, allowing for 1-12 units on these properties - see Z-21-74 / 21-O-0456.

  • MR-MU housing types, also referred to as “missing middle” housing, have historically existed within our older neighborhoods. These duplexes, quads, 12-plexes, and other small apartment & condo buildings historically have integrated well into the scale of our neighborhoods, often adjacent to single-family residential homes. Changes in our zoning policy during the 20th century made it illegal to build more of these small scale multifamily buildings within our neighborhoods. As a result, new residential units are primarily either single-family homes or large multifamily buildings (50+ units). This zoning change would allow for more “missing middle” housing with the intent to increase “gentle density” near transit while integrating well into the existing character of residential neighborhoods.

  • The MR-MU zoning classification was created in 2018, however, no properties were proactively rezoned as MR-MU at that time. Each property had to individually apply for rezoning to utilize this category which can be a lengthy and cumbersome process. This proposed proactive rezoning is intended to unlock this zoning classification by allowing for increased “gentle density” in areas with the greatest walkability to transit stations in an effort to align the city’s growth with the transit we have and promote affordable housing in areas that don’t require car ownership.

  • The proposed ordinance does not directly impact Poncey-Highland as we do not fall within one half mile walking distance to a MARTA rail station, and the Poncey-Highland Historic District removed our previous underlying zoning categories, thus we no longer have R4, R4A, or R5 properties. Although we are not directly impacted by these proposed changes, we are indirectly impacted by policies related to density, affordability, and growth in Atlanta. As a result, Poncey-Highland will have the ability to provide comment and eventually vote on these measures at upcoming NPU-N meetings.

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PHNA PHNA

21-O-0455 / CDP-21-043 (CDP Land Use Amendment)

UPDATE (9/9/21): The Department of City Planning has issued an AMENDED version of this proposed CDP Land Use Amendment. Please see information on the AMENDED version here.

For Review & Comment: 

  • An ordinance to amend the Land Use element of the 2016 Atlanta Comprehensive Development Plan (CDP) so as to redesignate certain properties within one half mile of high-capacity transit stations to Medium Density Residential to promote a variety of housing options and increase affordability near transit and for other purposes.

  • This Land Use amendment is being done in conjunction with the rezoning of the parcels per 21-O-0454 / Z-21-073

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21-O-0456 / Z-21-74 (Atlanta City Design Housing Text Amendment)

UPDATE: The Department of City Planning has issued AMENDED versions of this proposed ACD Housing Text Amendment. Please see AMENDED 9/3/21 version and AMENDED 10/1/21 version here for additional information.

For Review & Comment: 

  • Amendments to the text of the Zoning Ordinance proposed in conjunction with 21-O-0454 in an effort to remove regulatory barriers that suppress the market’s ability to provide affordable housing options at a small neighborhood scale.

  • The proposed amendments address 3 specific areas:

    • Promote affordable housing near transit by amending the MR-MU zoning category in the following ways: allow by-right a unit allowance of 1-4 units per property (was previously 4-12 units); allow for multiple structures on the property to increase flexibility of unit configuration; and allow a tiered density bonus to allow for 5-12 units when affordable units are provided (1-2 units at 60% AMI for rental units or 1-2 units at 80% AMI for-sale units).

    • Remove residential parking minimums in all residential zoning districts except R1-R-3 districts. Current residential parking minimums add significant cost to new housing development in Atlanta. By eliminating residential parking minimums, the cost to produce housing can be lowered, which in turn can allow for more affordable rents and housing purchase prices. This does not mean that off-street parking is not allowed. It just means that the market, rather than government regulation, would determine the amount of parking spaces that are needed.

    • Create more flexible options for Accessory Dwelling Units (ADU) in the following ways: allow ADUs to be attached to the main dwelling such as a basement apartment or garage conversion; allow increased heights from 20 ft to 24 ft for detached ADUs; expand ADU allowance to the R4B district; make ADU rear & side setbacks 4ft in R4, R4A, & R4B; only count conditioned space towards ADU square footage to allow for more unit-over-garage style ADUs; cap the size of detached ADUs at 750 sf or 30% of the main dwelling, whichever is greater; allow for the sale of ADUs through detached zero-lot-line/fee simple configuration currently used for duplexes in R5 allowing for separate ownership of the units while maintaining the existing development controls on the whole lot; and expand total unit allowance in R5 from 2 to 3 to allow for a Duplex + ADU configuration.

  • The proposed text amendments would not directly impact Poncey-Highland as the Poncey-Highland Historic District removed our previous underlying zoning categories. Although we are not directly impacted by these proposed changes, we are indirectly impacted by policies related to density, affordability, and growth in Atlanta. As a result, Poncey-Highland will have the ability to provide comment and eventually vote on these measures at upcoming NPU-N meetings. However, it is worthwhile to note that the Poncey-Highland Historic District already removed all parking minimums for both residential and nonresidential uses, and we already allow for both attached & detached ADUs for single-family dwellings in Subareas 1, 2 & 6. Some of our ADU regulations are less stringent than those changes being proposed, while others are more stringent. To learn more about the Poncey-Highland Historic District’s ADU requirements, please click here.

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585 Linwood Avenue – Type III Certificate of Appropriateness

  • Variance for the reduction of the side yard setback from 7’ to 4.77’ for the addition of a proposed accessory structure at an existing residence in Subarea 1.

  • Applicant reviewed their proposal with the PHNA Historic Subcommittee.

  • The Atlanta Urban Design Commission reviewed and approved the application for the Type III Certificate of Appropriateness variance (approved with conditions) on July 14th.

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Freedom Park Master Plan (updated 7/16)

UPDATE (7/16/21): The Freedom Park Master Plan will be on the July 22nd NPU-N agenda at 7pm for review & comment.

(6/11/21): Freedom Park Conservancy is asking for neighborhood review and comment on the proposed Master Plan. The Master Plan is intended to be a guiding document - a living, flexible framework guiding the vision for the future of the park. Master Plans show early design concepts, however, as funding becomes available, each portion will go through a full design process including further public engagement. At the upcoming PHNA General Meeting on June 16th, PHNA Freedom Park Representative, Beth McDonald, will walk us through the Master Plan, discussing the goals and signature projects, including the proposed vision for Poncey-Highland’s portion of Freedom Park. Neighborhood feedback on the Master Plan can be submitted via this link through June 28th. The Freedom Park Master Plan is expected to go before NPU-N & NPU-M in July.

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592 Linwood Avenue - Type III Certificate of Appropriateness

  • Renovation and addition to existing historic/contributing residence in Subarea 1.

  • Applicant and Architect met with the PHNA Historic Subcommittee to review their proposed work.

  • The Atlanta Urban Design Commission reviewed and approved the applications for the Type III Certificate of Appropriateness (approved with conditions) and variance (approved) on July 14th.

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