§ 16-25.002. Special permits, general.

No building or occupancy permit shall be issued for any structure or use requiring any of the above special permits until such special permit has been obtained, and any such structure or use shall be in full accord with the requirements and limitations set forth in such special permit. No such permits shall be required or issued except in classifications specifically provided for in this part, or other than in accord with the procedures, standards and requirements set forth in connection therewith.

(1)

Conditions: In granting special permits, such conditions may be attached as are deemed necessary in the particular case to protect the public interest and surrounding properties. Such conditions shall generally be of a nature as so stated in (3) below, "Construction, generally."

(2)

Transfer: A special permit, together with any conditions and safeguards attached, is granted to an individual, firm or corporation. Such permit may be transferred to another individual, firm or corporation only upon approval in the manner hereinafter described:

a.

Special use permits: The transfer of a special use permit is authorized upon the approval of the director of the office of zoning and development after a request for such transfer has been filed with the office of zoning and development by the proposed new owner or operator, provided that requests for transfers of special use permits previously conditioned in a manner that prohibited transfer of the permit shall not be authorized. Authorized requests for transfer shall be accompanied by an affidavit certifying that the new operator or owner is thoroughly familiar with and will abide by the terms of the original special use permit including all conditions, as well as all other materials required by an application form promulgated by the director. The director shall notify the chair of the NPU within which the property is located that a request for transfer has been made, which notice shall be sent by electronic mail immediately following acceptance of the transfer application. The director shall approve the request only upon a finding that the new owner or operator meets each of the following criteria:

i.

Has the intent and the ability to adhere to all terms and conditions of the special use permit;

ii.

Has secured, or will immediately secure upon approval of the request, all federal, state and local licenses, permits and other certifications required to operate the special use permit; and

iii.

Does not have a history of code or criminal violations directly pertaining to the special use permit's operational characteristics that would jeopardize the public's health or safety in the operation of that permit.

Otherwise, the director shall deny the request. The decision shall be in writing, made within 30 days of the filing of a complete application, and transmitted to the applicant. An aggrieved person may appeal the decision of the director to the BZA in accordance with section 16-30.010. Transfers approved by the director shall be maintained by the office of zoning and development.

b.

Special exception permit: The transfer of a special exception permit is authorized upon the approval of the Director, bureau of planning or his designee after a request for such transfer has been filed in such a manner as the Director, bureau of planning may hereinafter direct by the new owner or operator, accompanied by an affidavit certifying that the new operator or owner is thoroughly familiar with and will abide by the terms of the original special exception permit.

c.

Special administrative permit: The transfer of a special administrative permit is authorized upon the approval of the Director, bureau of planning, or his designee after a request for such transfer has been filed in such manner as the Director, bureau of planning, may hereinafter direct by the new owner or operator, accompanied by an affidavit certifying that the new operator or owner is thoroughly familiar with and will abide by the terms of the original special administrative permit.

(3)

Construction, generally: No special permit, except as provided for in section 16-28.030 for unified development plans, shall be issued unless it is determined that, in addition to meeting the special requirements set forth within the district within which such special permit is located, satisfactory provisions and arrangements have been made concerning the following, applicable to each application, provided however that where site plans and conditions are attached to special use permits, the site plan and the conditions shall control with respect to the setbacks, lot coverage of the buildings on the site and floor area ratio allowed by such site plans and conditions.

a.

Ingress and egress to the property and proposed structure or uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

b.

Off-street parking and loading areas where required, with particular attention to the items in a. above.

c.

Refuse and service areas.

d.

Appropriate buffering or screening to alleviate such potentially adverse effects as may be created by noise, glare, odor, lighting, signs or traffic congestion.

e.

Hours and manner of operations.

f.

Length of time regarding the duration of such permit, if any.

g.

Tree preservation and replacement in accordance with the requirements of the City of Atlanta Tree Ordinance.

h.

Required yards and other open spaces;

1.

For special use permits, required yards and open spaces shall be permitted in the manner represented on the site plan and set forth in the conditions. Where no site plan or conditions are attached to a special use permit concerning required yards and open spaces, the district regulations shall control.

2.

For special administrative permits, the district regulations shall control but variations may be granted if permitted by the district regulations.

i.

With respect to antennas, except satellite receiving dish antennas regulated under section 16-28.008(11) of the zoning ordinance, the following additional standards and criteria shall also be met:

(i)

All antennas and related equipment and structures shall be located within the buildable area of the lot. This standard shall not be varied except through issuance of a variance from the board of zoning adjustment in accordance with the standards specified in section 16-26.003 of the zoning ordinance; provided, however, that a problem related solely to signal transmission or reception standards shall not be sufficient grounds for granting said variance.

(ii)

Lattice antennas and antennas requiring guy lines or other cable supports are prohibited.

(iii)

Roof antennas.

(a)

The following additional regulations, standards, and criteria shall govern all roof antennas.

(b)

Special administration permits may be issued in accordance with section 16-25.004 provided such roof antennas are determined by the director of the bureau of planning to meet the requirements set forth in subsections (c) and (d) below.

(c)

Roof antennas and related equipment and structures shall not exceed the minimum height necessary to accomplish their intended function, but under no circumstances shall they extend more than ten feet above the height of the supporting structure upon which the roof antenna is attached or affixed.

(d)

Roof antennas and related equipment and structures shall be painted in a color scheme identical to or closely compatible with the color of the supporting structure upon which the roof antenna is attached or affixed, and in such a manner as to make the antenna and related equipment and structures as visually unobtrusive as possible.

(iv)

Other permissible antennas.

(a)

The following additional regulations, standards, and criteria shall govern all antennas except roof antennas, not otherwise prohibited by section 16-25.002(3)(i).

(b)

Each applicant for a special use permit or special administrative permit shall provide to the bureau of planning an inventory of its existing towers that are either within the city or within one quarter mile of the city limit, including specific information about the location, height and design of each tower. The bureau of planning may share such information with other applicants applying for special use permits or special administrative permits under this ordinance, or with other organizations seeking to locate antennas within the city, provided, however, that the bureau of planning, by sharing such information, is not in any way representing or warranting that such sites are available or suitable.

(c)

No new antenna tower shall be permitted unless the applicant reasonably demonstrates that such tower is necessary and that no existing tower or structure can accommodate the applicant's proposed antenna. To demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna, the applicant shall submit evidence that one or more of the following conditions exist:

(1)

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements; or

(2)

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements; or

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment; or

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the operations of the applicant's proposed antenna; or

(5)

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or adapt an existing tower or structure for sharing are unreasonable; or

(6)

The applicant demonstrates that there are other limiting factors which render existing towers and structures unsuitable.

(d)

The height of each such antenna shall be regulated and limited in relation to the following: Proximity to residential structures and residential district boundaries; the surrounding topography; the surrounding tree coverage and foliage; and the design of the antenna, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness. In no event, however, shall any such antenna exceed the minimum height necessary to accomplish its intended function as certified by a registered engineer licensed by the State of Georgia. Said certification shall be the responsibility of the applicant and shall be submitted to the City of Atlanta Bureau of Planning at the time application for said special use permit is made. Further, under no circumstances shall any such antenna exceed 200 feet in height as measured from existing grade. Equipment and structure related to such antennas shall not exceed the height limitation specified in the zoning district in which the property is located.

(e)

Such antennas and related equipment and structures shall be painted in a neutral color identical to or closely compatible with the surroundings, and in such a manner as to make the antenna and related equipment and structures as visually unobtrusive as possible.

(f)

Such antennas and related equipment and structures shall be enclosed by security fencing not less than six feet in height, and said antennas shall be equipped with an appropriate anticlimbing device. Said fencing shall be buffered and screened as provided by subsection (3)d above.

(g)

Such antennas and related equipment that are proposed for any residentially zoned area shall be permitted only upon a showing by the applicant that said antenna and related equipment cannot be located upon nonresidentially zoned property in the same area in such a way as to adequately satisfy its intended purpose. The foregoing requirement of a showing shall include submission of an affidavit identifying all nonresidentially zoned properties which the applicant has considered for the location of the antenna and related equipment. The applicant shall identify the boundaries of the geographical area necessary to accomplish the intended purpose of the proposed antenna. The affidavit shall state the specific reason(s) that the antenna and related equipment cannot be located upon nonresidentially zoned properties identified. The affidavit shall also include all technical information (excluding information that relates to trade secrets or proprietary information) necessary to review the application including information relating to field strength, power density and frequency of actual or potential emissions from those facilities and any other information pertinent to the requirements set forth in this subsection. The affidavit must further include all contractual and financial information specifically relating to the subject site and the lease to be entered into thereon.

(h)

The director of the office of zoning and development may issue a special administrative permit in accordance with section 16-25.004 for antennas 70 feet or less in height, provided such antenna is determined by the director to satisfy such requirements set forth in subsections (a) through (g) above as deemed necessary by the director.

(i)

The director of the office of zoning and development may issue a special administrative permit in accordance with section 16-25.004 for: Antennas designed to resemble light standards, clock towers, bell steeples, trees, and similar alternative design mounting structures; or A modification of an existing antenna and/or related equipment which involves collocation of new transmission equipment, or removal or replacement of transmission equipment, that does substantially change the dimensions of the antenna or tower or base station, provided such antenna or such collocation is determined by the director to satisfy such requirements set forth in subsections (a) through (g) above as deemed necessary by the director.

(j)

Any complete application for a special administrative permit pursuant to paragraphs (h) and (i) above shall be referred by the office of zoning and development to the appropriate neighborhood planning unit (NPU) for its review and comment with regard to the regulations, standards and criteria set for in paragraphs (a) through (g) above. The NPU shall have 30 days to complete this review. Notwithstanding the provisions of section 16-25.004(3), the director of the office of zoning and development shall have 60 days from the date of filing of a complete application to decide on any such application, which decision shall be in writing and supported by a written record. Within 30 days of the date of application, the office of zoning and development shall determine if it is a complete application and, if it determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the 60-day review period. Information requested to complete the application may only include the documents, information, and fees adopted by city council, as well as forms promulgated by the offices of zoning and development and/or buildings, pertaining to the location, construction, collocation, modification, or operation of such wireless facilities. The requirements of this section shall supersede all contrary provisions elsewhere in part 16.

(k)

Notwithstanding any provision to the contrary within individual zoning district regulations, a special use permit or special administrative permit shall not be required where there is a modification of an existing antenna and/or related equipment which involves collocation of new transmission equipment, or removal or replacement of transmission equipment, that does not substantially change the dimensions of the antenna or tower or base station. A modification of an existing antenna must comply with the conditions of the initial approval, including any amendments. A modification of an existing antenna is determined to not substantially change the dimensions of the antenna or tower or base station if the modification does not:

(a)

Increase the height or width of the existing antenna and related equipment;

(b)

Require installation of more than the standard equipment cabinets;

(c)

Increase the dimensions of the equipment compound;

(d)

Require excavation outside of the current site;

(e)

Defeat the concealment elements of the antenna and related equipment; or

(f)

Exceed any applicable weight limits.

Applications for collocation shall be accepted and reviewed for compliance with these provisions by the office of zoning and development. If the application is complete, it shall be immediately forwarded to the office of buildings for building permit review. A decision on issuance of a building permit shall be made by the office of buildings within 60 days from the date of the filing of a complete application, which decision shall be in writing and the applicant notified. Within 30 days of the date an application for modification or collocation is filed with the office of zoning and development, said office shall determine if it is a complete application and, if it determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the 60-day decision period. Information requested to complete the application may only include the documents, information, and fees adopted by city council, as well as forms promulgated by the offices of zoning and development and/or buildings, pertaining to the location, construction, collocation, modification, or operation of such wireless facilities. Applications that required additional information to become complete shall, when complete, be immediately transmitted to the office of buildings for decision. The requirements of this section shall supersede all contrary provisions elsewhere in part 16.

(l)

A special use permit in accordance with section 16-25.003 is required for antennas greater than 70 feet in height that do not utilize alternative design mounting structures, in compliance with the criteria set forth in section 16-25.002(3)(i) above. The requirements of this section 16-25.002 (3)(i)(iv)(1) shall supersede all contrary provisions elsewhere in Part 16. In addition to the requirements of section 16-25.003, the following requirements and time frames shall apply:

(a)

Within 30 days of the date of application, the office of zoning and development shall determine if it is a complete application and, if it determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the 150-day review period set forth in subsection (b) below. Information requested to complete the application may only include the documents, information, and fees adopted by city council, as well as forms promulgated by the offices of zoning and development and/or buildings, pertaining to the location, construction, collocation, modification, or operation of such wireless facilities.

(b)

Within 150 days of the submission of the initial application, unless a longer time period is agreed to in writing by the applicant, a written decision, supported by the written record, granting or denying the request will be issued and provided to the applicant.

j.

With respect to park-for-hire facilities, the following information shall apply to all applications:

(i)

In addition to the requirements in section 16-25.002(3)(a), the ingress and egress requirements for park-for-hire facilities shall include the following: The size of the proposed facility and especially in relation to the vehicular capacity of streets of ingress and egress; the physical arrangements for ingress and egress; the reservoir space for incoming and outgoing vehicles; the effect of any plan for traffic improvement, such as the expressway program or major street plan on the flow or the pattern of traffic adjacent to the affected streets; and the financial responsibility of the applicant.

(ii)

A special use permit for a park-for-hire facility in a C-1 or C-2 district shall constitute an off-street parking permit as contemplated in section 30-1081 of the City Code of Atlanta.

(iii)

Applications for park-for-hire facility shall include the following information: The capacity of the proposed facility; the proposed location of entrances and exits to the facility; the capacity and location of the reservoir space to be used for the receiving and temporary storage of incoming vehicles; the proposed parking plan showing the size and location of the parking stalls and the aisles to serve them; the location, width, and general design of ramps or elevators to be used inside of structures; and any other information required to enable the mayor and council to make a fair and complete appraisal of the operation of the proposed park-for-hire facility.

(4)

Special administrative permit (SAP) requirements for farmers' markets: Unless otherwise expressly noted in the district regulations, issuance of a special administrative permit, in the manner prescribed herein, is required to operate a farmers' market. Notwithstanding any previous issuance of an SAP for a use that would hereafter qualify as a farmers' market, said permit shall expire 12 months from issuance and such use shall thereafter only operate upon issuance of a new SAP in the manner prescribed herein. In addition to the requirements set forth in section 16-25.004 or elsewhere in the Atlanta Zoning Ordinance, as part of the farmers' market SAP application, the following items (a) through (g) shall be submitted:

a.

Name and current address of the applicant.

b.

A notarized letter signed by the property owner(s) or authorized property manager or agent, consenting to the placement of the Farmers' Market on the property.

c.

A site plan drawn to-scale showing:

i.

Property lines, street curbs, street names, adjacent sidewalks as applicable.

ii.

Plan layout and dimensions showing the on-site market area including the number, arrangement, and size of the vending structures to be located in the market.

iii.

Automobile and bicycle parking space layout and the amount of spaces provided, as applicable.

d.

Site photographs showing the location of the proposed market area on the property.

e.

Photographs, drawings, or manufacturers' brochures fully describing the appearance of all vending tables, tents or booth.

f.

And other documents or information deemed by the director of the office of planning as applicable to the specific application.

g.

In addition, the applicant shall submit documentation showing (as opposed to merely stating) that it shall comply with the following standards:

i.

Hours of operation: Market hours shall be between 7:00 a.m. to 9:00 p.m. but shall not operate more than six hours per day nor more than three days per week. Set-up of market operations shall begin no earlier than 6:00 a.m. and take-down and clean-up shall end no later than 10:00 p.m.

ii.

Market manager: On-site presence of a market manager during all hours of operation who shall direct the operations of all vendors participating in the market and verify that the requisite number of individual vending structures are operated by producers.

iii.

Market operating rules and regulations: An established set of operating rules addressing the governance structure of the market, hours of operation, maintenance, security requirements, and the appointment of a market manager.

iv.

Noise ordinance: Farmer's markets shall comply with the noise ordinance requirements of article IV of chapter 74 titled "Noise Control".

v.

Parking requirements: In zoning districts where there is no minimum parking requirement, and or farmers' markets with less than ten vendors, there shall be no parking required. Farmers' markets with more than ten vendors shall provide parking during the hours of operation at a rate of a minimum of one space per vendor, in any one or combination of the following means:

1.

On-site parking: shall be applicable toward meeting the required parking provided that a written document, signed by both the property owner and the market manager, establishes that there will be no conflicting parking demand associated with the use of the host property during the farmers' market hours of operation.

2.

Off-site parking: shall be allowed within 500 feet toward meeting the required parking provided that there will be no conflicting parking demand during the Farmers' Market hours of operation and that a deed, lease or other legal instrument with the applicable off-site property owner is submitted with the SAP application.

3.

On-street parking: shall be allowed within 500 feet toward meeting not more than 75 percent of the required parking provided that such on-street spaces shall be indicated on a plan submitted with the SAP application.

vi.

Producer certification/vendor list: Certification as a producer by the office of resilience for at least one vendor in the market shall be required before the director of the office of planning may approve an application for a farmers' market special administrative permit. The applicant shall also submit a list of vendors to the office of resilience for documentation.

vii.

Temporary movable vending structures: Tents, tables, booths or other market structures shall have a maximum combined square footage of 100 square feet per vendor. Said structures shall be in good repair at all times and shall not be left unattended or stored at any time on the open vending site during hours of operation.

viii.

Waste removal: Provision for recycling and waste removal in accordance with all applicable codes.

h.

Permit transfer: Applications to transfer the SAP permit to another owner or business establishment shall include items (a) through (g) above and a notarized letter indicating no site layout changes to the originally approved SAP permit.

i.

Duration of SAP permit: A special administrative permit for a farmers' market shall expire 365 days from the date of issuance. The permit for a farmers' market may be renewed upon a showing in the same manner as required for initial issuance. An SAP for a farmers' market may be transferred in the same manner as provided for in section 16-25.002(2)(c) or as said subsection may hereafter be amended. Failure to comply with these standards or otherwise meet the definition of a farmers' market after issuance of an SAP may result in the revocation of the special administrative permit by the office of planning.

j.

Denial, revocation or suspension of SAP permit:

i.

An SAP application shall be denied if all relevant project information is not submitted or is not in compliance with the requirements of either section 16-29.001(32), section 16-25.002(4) or any other applicable Code provision.

ii.

The SAP permit is conditional at all times and may be revoked by the director of the office of planning if the permittee has been found guilty in Atlanta Municipal Court for violation of the zoning ordinance provisions regulating farmers' markets. If revoked, the permittee may not apply for a farmers' market SAP for six months from the date of revocation.

(5)

Special administrative permit (SAP) requirements for urban garden as principal use in a residential district. Unless otherwise expressly noted in the district regulations, issuance of a special administrative permit, in the manner prescribed herein, is required to operate an urban garden as a principal use within any residential district. Said permit shall expire 12 months from issuance and such use shall thereafter only operate upon issuance of a new SAP in the manner prescribed herein. In addition to the requirements set forth in section 16-25.004 or elsewhere in the Atlanta Zoning Ordinance, as part of the urban garden SAP application, the following items shall be submitted, and/or apply:

a.

Site plan, showing the following:

i)

Exact lot dimensions,

ii)

Adjoining street(s),

iii)

Location and dimensions of structures,

iv)

The specific use/purpose of each structure, and

v)

Any changes to be made to the site.

b.

Management plan/impact analysis. The applicant shall provide a proposed urban garden management plan that addresses any probable impacts of the type described in this subsection and includes any proposed mitigation measures. The plan shall include, without limitation:

(i)

Description of the type of equipment necessary or intended for use and the frequency and duration of anticipated use. How and where will this equipment be stored?

(ii)

Disclosure of any intent to spray or otherwise apply agricultural chemicals or pesticides, frequency and duration of application, and the plants, diseases, pests or other purposes they are intended for.

(iii)

Proposed sediment and erosion control plan.

(iv)

Hours and days of the week during which the facility will be open.

(v)

Number of gardeners that will be growing at the site.

(vi)

Describe the existing or proposed buffering and screening for adjoining properties from any noise or odor-generating activities that might be generated from the facility. Where will composting activities be located and how will they be handled?

(vii)

Any special programs offered at the facility; if so, will they cause vehicles to park at or near the site?

c.

Permit transfer: Applications to transfer the SAP permit to another owner or business establishment shall include items (a) and (b) above and a notarized letter indicating no site layout changes to the originally approved SAP permit.

d.

Duration of SAP permit: A special administrative permit for an urban garden shall expire 365 days from the date of issuance. The permit for an urban garden may be renewed upon a showing in the same manner as required for initial issuance. An SAP for an urban garden may be transferred in the same manner as provided for in section 16-25.002(2)(c) or as said subsection may hereafter be amended. Failure to comply with these standards or otherwise meet the definition of an urban garden after issuance of an SAP may result in the revocation of the special administrative permit by the office of planning.

e.

Removal of structures: Upon expiration and non-renewal or revocation of an urban garden SAP, all structures must be removed within 90 days from the date of expiration or revocation.

f.

Denial, revocation or suspension of SAP permit:

(i)

An SAP application shall be denied if all relevant project information is not submitted or is not in compliance with the requirements of either section 16-29.001(32), section 16-25.002(4) or any other applicable Code provision.

(ii)

The SAP permit is conditional at all times and may be revoked by the director of the office of planning if the permittee has been found guilty in Atlanta Municipal Court for violation of the zoning ordinance provisions regulating urban gardens. If revoked, the permittee may not apply for an urban garden SAP for six months from the date of revocation.

(6)

Special administrative permits (SAP) involving the application of minimum building façade height standards to expansion of existing non-conforming buildings. The director of the office of zoning and development may approve an expansion of existing nonconforming building façade heights for SAP applications that involve existing structures that do not meet the zoning district requirements for minimum building façade heights. Such expansion shall be limited to a maximum dimension of 35 horizontal linear feet of new building façade. The allowable 35 foot horizontal linear expansion of nonconforming building façades shall be permitted for each of the two sides of the respective building façade.

(Code 1977, § 16-25.002; Ord. No. 1995-69, §§ 17—19, 11-13-95; Ord. No. 1997-06, §§ 2, 3, 2-10-97; Ord. No. 1997-16, § 6, 4-14-97; Ord. No. 1999-79, § 3, 11-9-99; Ord. No. 2001-96, §§ I, LIII, LIV, 12-12-01; Ord. No. 2011-38(11-O-0448), §§ 1, 2, 9-15-11; Ord. No. 2011-39(10-O-1773), § 2, 9-15-11; Ord. No. 2014-22(14-O-1092), § 3, 6-11-14 ; Ord. No. 2017-45(17-O-1424), § 4, 7-26-17 ; Ord. No. 2018-11(18-O-1023), §§ 9.E, 10, 11, 5-16-18 ; Ord. No. 2019-09(18-O-1581), §§ 9.1—9.4, 1-31-19 )