Atlanta |
Code of Ordinances |
Part III. CODE OF ORDINANCES—LAND DEVELOPMENT CODE |
Part 16. ZONING |
Chapter 18I. SPI-9 BUCKHEAD VILLAGE DISTRICT REGULATIONS |
§ 16-18I.007. Permitted principal uses and structures.
1.
Permitted principal uses and special permits: See SPI-9 Buckhead Village Table of Uses for permitted principal uses and special permits.
2.
Permitted principal uses: A building or premises shall be used only for the principal purposes as indicated with a "P" in SPI-9 Buckhead Village Table of Uses.
3.
Special permits: The following uses are permissible only by special permits of the type indicated subject to limitations and requirements set herein or elsewhere in this part, and subject to the applicable procedures and requirements set forth in section 16-25.001, et seq.
a.
Special use permits shall be required as indicated with "SUP" in the SPI-9 Buckhead Village Table of Uses.
b.
Special administrative permits shall be required as indicated with "SAP" in the SPI-9 Buckhead Village Table of Uses.
c.
Prohibited uses are indicated with 'X' in the SPI-9 Buckhead Village Table of Uses.
SPI-9 Buckhead Village Table of Uses
Uses Subareas Active
Sidewalk
Level Use
(see 16-
18I.007.6)1
CORE
VILLAGE2
CORRIDOR
AREAS3
EXTENDED
VILLAGE4
PEACHTREE/
PIEDMONTCommercial/Retail
Barbershops, beauty shops, and similar personal service establishments. P P P P Yes Catering establishments, delicatessens, and bakeries. P P X X Yes Eating and drinking establishments as defined in 16-29.001(5) including those establishments which operate as another use under Chapter 10 of the City Code (Alcoholic Beverages) except when defined as a Nightclub. P P P P Yes Laundry and dry cleaning establishments where equipment is operated by customers and collection stations. P P P P Yes Plumbing, air conditioning service and repair establishments for home appliances, bicycles, lawn mowers, and similar devices and shoes, clocks, watches and similar articles. P P P P Yes Professional or personal service establishments, but not hiring halls. P P P P Yes Retail establishments, including catering establishments, delicatessens and bakeries with wholesale operations. P P P P Yes Sales and leasing for new and used cars and other motorized vehicle sales such as mopeds, motorcycles, and bicycles. P P P P Yes Servicing and repairing new vehicles, and dealing in their disposal, servicing or repairing of used vehicles in connection therewith and all located on the same site. P P P X No Tailoring, custom dressmaking, millinery and similar establishments. P P P P Yes Education/Child Care
Business or commercial schools. SUP SUP SUP SUP Yes Child care centers, day care centers, pre-kindergartens, kindergartens, play and other special schools for young children. P P P P Yes Colleges and universities, other than trade schools, business colleges and similar uses. SUP SUP SUP SUP Yes Public schools or private schools having similar academic curricula and special schools for exceptional children. X SUP SUP X Yes Institutional
Banks, savings and loan associations, and similar financial institutions. P P P P Yes Cemeteries and mausoleums. X X SUP X No Churches, synagogues, temples, mosques and other religious worship. SUP SUP SUP SUP Yes Mortuary and funeral homes. P P SUP P No Museums, galleries, auditoriums, libraries and similar cultural facilities. SUP SUP SUP SUP Yes Medical/Health
Nursing homes, assisted living facilities, rehabilitation centers and personal care homes. SUP SUP SUP SUP No Clinics and laboratories but not blood donor stations except at hospitals. P P P P Yes Veterinary clinic provided within soundproof buildings if located within 300 feet of any residential use. P P P P NO Offices Offices, studios, and similar uses. P P P P Yes Recreation/Entertainment Clubs or lodges. SUP SUP SUP SUP Yes Commercial recreation establishments, including bowling alleys, theaters, convention halls, places of assembly, and similar uses, with primary activities conducted within fully enclosed buildings. SUP SUP SUP SUP Yes Farmers' market SAP SAP SAP SAP Market garden P P P P Nightclubs as defined under Chapter 10 of the City Code. SUP SUP X SUP No Outdoor amusement enterprises, exhibits, entertainment, meetings, displays, or sales area, or outdoor areas for religious ceremonies. Less than 90 days duration. SAP SAP SAP SAP Not applicable Outdoor amusement enterprises, exhibits, entertainment, meetings, displays, or sales area, or outdoor areas for religious ceremonies 90 days or more days duration. SUP SUP SUP SUP Not applicable Parks, playgrounds and community centers. P P P P Yes Poolrooms, billiard parlors, amusement arcades. SUP SUP SUP SUP Yes Urban garden P P P P Residential Dwellings/Lodgings Continuing care retirement communities as defined in Section 16-29.001(16)(b). SUP SUP SUP SUP Yes Hotels, motels. P P SUP P Only hotel lobbies, business centers and fitness centers
Multi-family dwellings, two-family dwellings and single-family dwellings. P P P P Only if multi-family dwellings
Supportive housing. P P P P No Shelter SUP SUP SUP SUP No Transportation/Parking Helicopter landing facilities or pickup or delivery stations. SUP SUP X SUP No Parking structures (not surface parking lots) P P P P No Structures and uses required for operation of public transit but not rail yards, switching or maintenance shops as the primary purpose. P P P P No Utilities Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications 70 feet or less in height, and new or additional uses of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k) and, alternative design mounting structures unless specified otherwise. SAP SAP SAP/X (No alternative design mounting structures as contemplated in Sec. 16-25.002(3)(i) (iv)(i)
SAP/X (No alternative design mounting structures as contemplated in Sec. 16-25.002(3)(i) (iv)(i)
No Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications greater than 70 feet in height, except new or additional uses of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k). SUP SUP SUP SUP No Structures and uses required for operation of a public utility but not including uses involving storage, warehousing, or maintenance shop as the primary purpose. P P P P No 4.
Prohibited uses: Any principal use and structure not specifically listed in the SPI-9 Buckhead Village Table of Uses is prohibited in this district. The director is authorized to determine the classification of a use listed in this district where such use is combined with another use or the classification of the use does not meet an applicable definition. Additionally:
a.
Surface parking lots as defined in section 16-29.001(34) are a prohibited principal use within the district.
b.
No use or manner of operation shall be permitted which is obnoxious or offensive by reason of odor, smoke, noise, glare, fumes, gas, vibration, unusual danger of fire or explosion, emission of particulate matter, or interference with radio or television communication, or is otherwise incompatible with the character of the district and its relation to adjoining districts.
5.
Supplemental use regulations. The following uses shall be subject to further restrictions as contained herein:
a.
Digital industry switchboards, power generators and other relay equipment and rooms housing such equipment shall be permitted when located on subterranean levels, the second floor above sidewalk-level or higher, or on sidewalk-level where the minimum active use depth as specified in section 16-18I.017.4 is provided.
b.
Gasoline fuel dispenser structures and associated vehicular services such as air pumps and car washes shall not be located between the principal structure and the street.
6.
Active sidewalk-level uses are required along all Type 1, 2, and 3 street frontages within Subareas 1, 2, and 4 and shall have entrances opening directly either onto the sidewalk, the supplemental zone or a public space connected to the sidewalk adjacent to the street. Also, see sections 16-18I.015 and 16-18I.017.4.
(Ord. No. 2010-54(10-O-1339), § 1(Att. A), 10-13-10; Ord. No. 2011-39(10-O-1773), § 3K, 9-15-11; Ord. No. 2014-22(14-O-1092), § 2-Y, 6-11-14 )