|
|
What is an NPU?
Neighborhood Planning Units are citizen councils that make recommendations to the City of Atlanta regarding zoning, land-use, subdivision, and other planning issues. Each NPU meets monthly. Our neighborhood, PBA, is in NPU-C, which meets at 7:00 p.m. on the 1st Tuesday of each month at the YMCA on Moores Mill at I-75.
What is a residential zoning district and what is regulated within each district?
The City of Atlanta has nine residential lot zoning districts. Each district has specific minimum or maximum requirements for the following:
What are the PBA residential zoning districts and their requirements?
PBA has two different zonings. Everything east of Dellwood including Habersham, Nacoochee, parts of Woodward Way, and parts of Peachtree Battle is zoned R2-A, and everything west of Dellwood, including Dellwood, is zoned R-3. The differences in zoning are important for all neighbors to understand.
Regulations for accessory structures including detached garages, storage spaces, pool houses, etc. are the same for both R2-A and R-3 Zoning Districts and are as follows. Accessory structures may not exceed 20 feet in height, may not be greater than 30% of the total floor area of the main structure, and may not be more than 1/3 or the rear yard.
Any building that encroaches upon or exceeds these states limits requires a variance. There are also regulations concerning tree removal.
How can a property owner find out the residential zoning district for his/her property?
Call 404-330-6145 and ask for the Planner on Duty. Be prepared to provide the street address or property identification number.
How does a property owner obtain a variance?
The property owner must develop a specific site plan and alteration plan for the property. It is strongly suggested that an architectural firm or someone that is familiar with drawing plans to scale create the plans.
All the below mentioned hardships must be satisfied to be eligible for a variance according to section 16-26.003 of the City Ordinance:
1. Extraordinary/exceptional conditions related to size, shape or topography of property, including a request due to location of mature trees; 2. Application of zoning would create an unnecessary hardship (note that financial hardships ARE NOT a consideration); 3. Conditions are peculiar to particular property; 4. Relief would not cause substantial detriment of the public good or impair purposes of zoning.
The property owner must then submit the plans to the City Of Atlanta Zoning/Variance Review Board along with an application for a variance or a zoning change. The City of Atlanta will assign a hearing number and a hearing date for the variance request. Due to the timing of the neighborhood meetings and the NPU-C meeting, it is necessary to request a hearing date no less than 75 days out. The entire process should take approximately 90 days.
Once a hearing date and variance/zoning review number have been assigned, the property owner should notify all immediate neighbors within a 200-foot radius of the property. All notifications should be delivered to the front door of each affected neighbor. While this is not required, it is a courtesy to affected neighbors and can help the property owner requesting the variance or zoning change gain neighbor support. Open communications from initiating the proposed variance request or zoning change through completion of the project may also give neighbors opportunities to suggest alternative solutions that will be favorably received and supported by all parties.
Next, the property owner should contact the president of NPU-C and request time on the calendar to present the variance/zoning request. (NPU-C meetings are held at 7:00 p.m. on the first Tuesday of each month at the YMCA on Moores Mill at I-75.)
Property owners will be given ten minutes to present their position and should bring all notices delivered to affected neighbors along with any letters of support obtained from neighbors. Any opposition to the proposed variance/zoning request will also be given ten minutes to present their position. A very brief question and answer session may follow these presentations.
Following the presentation(s), all in attendance at the NPU-C meeting will vote on the variance/zoning request. The results of this vote will be noted in the NPU-C meeting minutes and will be forwarded to the City of Atlanta Zoning/Variance Review Board.
The City of Atlanta will post a sign in the yard of the affected property for two weeks prior to the hearing date at the Bureau of Zoning Adjustments (BZA) meeting. The property owner should report for the scheduled hearing at the proper time and should bring all notices of support from both the neighborhood and NPU-C to the hearing.
While a positive neighborhood and NPU-C vote generally assures passage of a variance/zoning request, the planning department of the Zoning/Variance Review Board also has significant input into the passage or denial of the request presented to the BZA.
Once the hearing has been completed, the property owner will receive a notice from the City of Atlanta. Assuming the variance request has been approved, the building permitting process can begin at this point.
How do I obtain a Building Permit?
Building Permit applications are obtained from the Bureau of Buildings located on the third floor of City Hall in Suite 3900. You can contact the Bureau of Buildings by phone, at (404) 330-6150 Monday through Friday 8:15 am - 5:00pm.
What is appropriate "construction etiquette" in the PBA neighborhood?
Driving around PBA can be like navigating an obstacle course with the many construction and renovation projects underway! While all are excited about the enhancements to our neighborhood, please be considerate of your neighbors during the construction and landscaping processes:
* Make sure your contractors park on ONE side of the street. Parking on both sides creates hazards for cars and pedestrians. * Try to locate the Port-o-Potty away from the street. These devices tend to attract pranksters who create an unsightly mess by turning them over. * Please do not park in front of mailboxes or block postal van use of individual mailboxes. * Ensure that your contractor has the appropriate silt fencing and other deterrents to water run off during the construction phase. * Please post all permits in a visible place. * There is a noise ordinance in place for construction. It is not to start before 8am on weekdays. This includes deliveries of materials and port-a-potty services. (Make sure your contractor lets subs know this) * As a consideration, weekend construction should only take place after 9am and end at 5pm. Excessively noisy work should not take place on weekends, such as tree removal, jackhammers, etc. * There is a height restriction/limit that needs to be maintained. The average height of a house cannot exceed 35 feet from grade to peak of the roof.
If you are undertaking a renovation, communicate with your neighbors BEFORE the project begins. You can alleviate most concerns by sharing your plans with those neighbors impacted and listening to their questions BEFORE you start.
If you are a neighbor who is impacted by a renovation, be proactive and communicate with your neighbor BEFORE involving City of Atlanta officials.
Important issues for all neighbors to discuss openly include:
* Will trees be removed? * Have water run-off / retention issues been addressed (especially for those homes situated on "high points" throughout the neighborhood)? * Have the appropriate building permits and / or variances been applied for and received? * Is the renovation in keeping with the neighborhood?
What are the guidelines for home-based businesses in the PBA neighborhood?
Many PBA residents enjoy the convenience of telecommuting from home offices or running small businesses from their homes. For residents considering operating a home-based business, the PBA recommends careful review of City of Atlanta regulations and specific communications with all with neighbors directly impacted by any activity related to the home-based business.
Sometimes, a home-based business becomes so successful that relocation to space zoned for commercial activity becomes necessary. The City of Atlanta provides specific definition of what is allowed in a “home occupation.”
For more information, go to the City of Atlanta website www.ci.atlanta.ga.us/ and click on “Code of Ordinances.” Section 16-29.001.Application. (17) Home Occupation gives all the specific requirements for operating a home-based business in PBA.
How do I obtain a business license? All businesses located within the city limits of Atlanta are required to have a Business Tax Certificate (sometimes referred to as a "Business License"). The City of Atlanta's Business Tax Division will assist you in making sure that your business complies with all applicable city ordinances.
You can contact the office by phone, fax, or mail, if you have questions concerning your new or existing Atlanta Business Tax Account.
(404) 330-6213 phone How do I look up the City Code and proposed legislation?
You can use the search feature on the Municode website. Both city code and proposed legislation are located on the City Council web site.
How does a property owner voice opposition to City of Atlanta and Fulton County tax assessments?
After receiving the tax assessment, the property owner must write a letter of appeal to the Board of Equalization. This letter must include the property owner’s estimate of the rightful tax assessment, and must be filed before March 1 of the tax year in which the taxes are due. The address, phone, and fax of the Fulton County Board of Assessors, Real Property Division are:
141 Pryor Street, SW, Suite 1056 Atlanta, Georgia 30303 (404) 730-6440 - phone (404) 224-0417 -fax
A property owner may also join the Fulton County Taxpayer’s Association to discover alternatives for appealing their tax assessment.
309 East Paces Ferry Road Atlanta, Georgia 30305 (404) 869-6066 |
