Multifamily Building Zoning Regulations

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Summary

Building a multifamily building in a C-3 Commercial Residential District is permitted. However, you must adhere to various regulations, including off-street parking requirements, building height limitations, and sidewalk requirements. If the property is within the Buckhead Parking Overlay District, additional parking regulations apply. The maximum height for a building in a C-3 district is 225 feet, but transitional height planes may impose further restrictions based on proximity to protected districts. Yard and bulk limitations also affect the buildings dimensions. Consult a local attorney or zoning board for precise guidance.

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Also, what if that land is in a buckhead overlay district and these are the restrictions "CHAPTER *. - BUCKHEAD PARKING OVERLAY DISTRICT Sec. *-*.*. - Scope of regulations. The scope of the regulations set forth in this chapter are the regulations in the Buckhead Parking Overlay District. The scope of these regulations are as follows: *.The existing zoning map and underlying zoning regulations governing all properties within the Buckhead Parking Overlay District shall remain in full force and effect. The regulations contained within this chapter shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this chapter shall apply.*.Whenever the following regulations are at variance with historic district regulations of part *, chapter *, the more stringent regulations shall apply so not to impact designated historic structures or buildings.*.Whenever the following regulations are at variance with the Beltline Overlay District regulations of part *, chapter *, the more stringent regulations shall apply. (Ord. No. *-*(*-O-*), § *(Exh. A), *-*-*) Sec. *-*.*. - Findings and statement of intent. The intent of this chapter and of the regulations herein is to set forth the minimum parking, if any, that may be provided onsite and the maximum parking that may be provided onsite within the Buckhead Parking Overlay District. (Ord. No. *-*(*-O-*), § *(Exh. A), *-*-*) Sec. *-*.*. - Off-street parking requirement. Parking requirements: The minimum number of parking spaces required and maximum number allowed shall be in accordance with the following Buckhead Parking Overlay District Table: Buckhead Parking Overlay District Table Parking Spaces Minimum Maximum Residential Dwellings/Lodgings Hotels and motels (spaces per lodging unit) None *.* Residential Dwellings • Per each one-bedroom unit • Per each two or more bedroom unit None *.* *.* Non-Residential Uses (Spaces per *,* sq. ft. of floor area) Eating and Drinking Establishments Underlying zoning controls Underlying zoning controls Commercial/Retail (not Eating and Drinking Establishments) None *.* Institutional None *.* Office None *.* Recreation/Entertainment None *.* All Other Uses None *.* If the underlying zoning of the property is within a special public interest district, any variation to increase the maximum allowable parking requirement of this chapter, if any, shall be based upon the following criteria: a.Tenant demand based for on-site uses; andb.Parking efficiency and utilization for on-site uses; andc.Parking available off-site within one-quarter-mile radius." Is multifamily still allowed?
Based on the Buckhead Parking Overlay District regulations you've provided, multifamily buildings are still allowed. However, there are specific parking requirements. For example:
- For one-bedroom units, the maximum parking allowed is *.* spaces per unit.
- For units with two or more bedrooms, the maximum is *.* spaces per unit.
These regulations are in addition to your existing zoning regulations. If any variance occurs between the two, the more stringent rule applies. I recommend consulting a local attorney or zoning board for precise guidance.
"*) Transitional height planes. (a) No portion of any structure shall protrude through a height limiting plane beginning the specified number of feet above the point set forth in subsection *-*.*(*)(b) below and extending inward over the C-* district at an angle of * degrees. The following districts shall be considered "protected districts" for purposes of this section *-*.*(*): i. R-* through R-*; ii. RG-* and RG-*; iii. MR-*, MR-*, and MR-MU; and iv. Landmark, Historic, PD, and SPI districts and district subareas having uses and densities predominantly similar to those permitted in the district classifications listed in subsections (i) through (iii) above. (b) Proximity to districts and measurement applications: i. For parcels in a C-* district that are contiguous to a protected district, the transitional height plane shall be measured beginning * feet above the required C-* setback or transitional yard adjoining the common property line with such protected district. ii. For parcels in a C-* district that are not contiguous to but are within * feet of a protected district, the transitional height plane shall be measured beginning * feet above the nearest lot line of the protected district, provided this transitional height plane shall not extend more than * linear feet (measured along the ground) from the protected district up to and into the C-* district. (See diagrams at section *-*.*(*).) (c) The purpose and intent of this provision is to provide protection for the named protected districts from nearby looming structures regardless of the presence of an intervening public right-of-way or park or space, public or private street or alley, or any lot or parcel remnant. (d) Transitional height plane measurements shall be applied to parcels on a point-by-point basis and not average grade. What is the maximum height for the building with all of the above restrictions
Based on the regulations provided:
- The maximum height limit for a building in a C-* district is * feet (Sec. *-*.*).
- However, if your property is contiguous to a protected district, no part of your structure can protrude through a height limiting plane beginning * feet above the required C-* setback (Sec. *-*.*(*)(b)i).
- If your property is within * feet of a protected district but not contiguous, the height limiting plane starts * feet above the nearest lot line of the protected district (Sec. *-*.*(*)(b)ii).
To determine the precise height, consult a local expert.
What can the depth and width be of the residential building based on all of the regulations above?
The regulations you've provided don't specify a maximum or minimum depth and width for a residential building in a C-* district. However, they do mention yard requirements (Sec. *-*.*(*)) and transitional yard requirements (Sec. *-*.*(*)) which may affect the size of your building. Also, there are bulk limitations (Sec. *-*.*(*)) that limit the total floor area of your building. I recommend consulting with a local expert for a precise understanding.