§ 16-33.004. Permitted principal uses and structures.

1.

A building or premises shall be used for the following permitted principal uses and structures.

a.

Single-family, two-family and multi-family dwellings.

b.

Structures and uses required for operation of MARTA or a public utility but not including uses involving storage, train yards, warehousing switching or maintenance shop as the primary use.

c.

No more than three persons shall be engaged in any of the following individual uses when located on streets which function as local streets, one of whom shall be a member of the family residing on the premises, and hours of operation shall be between 9:00 a.m. and 9:00 p.m. Said restriction shall not apply at the intersection of local streets with arterial or collector streets. On local streets, said uses shall be located at street intersections only:

i.

Manufacturing, repairing not including automobiles or heavy machinery, compounding, assembly, processing, preparation, packaging or treatment of articles, foods, components, products, clothing, machines and appliances and the like, where character of operations, emissions and byproducts do not create adverse effects beyond the boundaries of the property.

ii.

Offices, arts and crafts galleries and studios.

d.

Supportive housing.

e.

Urban gardens.

2.

Other permitted commercial uses. Local streets: Any single use shall be located at street intersections only. When located at intersections of two local streets, shall not exceed 2,000 square feet of gross floor area.

Arterial or collector streets: The following uses shall not exceed 8,000 square feet of gross floor area.

a.

Bakeries and catering establishments, not to exceed 2,000 square feet.

b.

Banks, savings and loan associations, and similar financial institutions.

c.

Barber shops, beauty shops, manicure shops and similar personal service establishments.

d.

Childcare centers, kindergartens and special schools.

e.

Clubs and lodges.

f.

Commercial greenhouses.

g.

Commercial recreation establishments, including bowling alleys, theaters, convention halls, places of assembly and similar uses with primary activities conducted within fully enclosed buildings. Pool halls, billiard parlors and amusement arcades allowed only by special use permits.

h.

Restaurants, bars, coffee shops, delicatessens, taverns and other eating and drinking establishments including those licensed for the on-premises consumption of malt beverages, wine and/or distilled spirits.

i.

Grocery stores.

j.

Laundry and dry cleaning collection stations, laundry and dry cleaning establishments where customers operate equipment, not to exceed 2,000 square feet.

k.

Museums, art galleries, libraries, and similar profit or non-profit cultural facilities.

l.

Repealed.

m.

Offices, studios, clinics (including veterinary), laboratories and similar uses. Veterinary clinics including all kennels and accessory areas shall be enclosed within soundproof buildings, subject to the provisions in chapter 74, article IV, noise control.

n.

Plumbing, air conditioning service and repair.

o.

Photocopying or blueprinting shops.

p.

Professional or service establishments, but not hiring halls.

q.

Public schools or private schools having similar academic curricula and special schools for exceptional children.

r.

Retail establishments.

s.

Sales and repair establishments for home appliances, bicycles, lawn mowers, shoes, clocks and similar household goods.

t.

Repealed.

u.

Repair garages and paint and body shops shall be permitted only on streets that function as arterial streets and collector streets. Vehicular storage shall not be visible from any public right-of-way.

v.

Tailoring, custom dressmaking, millinery and similar establishments, not to exceed 2,000 square feet.

w.

Market gardens.

3.

Additional regulations for street-fronting nonresidential uses along streets:

a.

Parking, storage, or digital industry switchboards, power generators and other relay equipment and rooms housing such equipment shall be permitted, with the exception of a minimum depth of 20 feet of the ground floor street frontage beginning at any building façade along the public sidewalk.

b.

The length of façade without intervening fenestration or entryway shall not exceed 20 feet.

c.

Fenestration shall be provided for a minimum of 75 percent of the length of the frontage:

i.

Beginning at a point not more than three feet above the sidewalk, to a height no less than ten feet above the sidewalk; or

ii.

Beginning at the finished floor elevation to a height no less than ten feet above the finished floor elevation when the finished floor elevation is three or more feet above the sidewalk; or

iii.

Beginning at a point not more than sidewalk level, to a height no less than ten feet above the finished floor elevation when the finished floor elevation is below the sidewalk; and

iv.

Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements.

Any principal use and structure not specifically listed above is prohibited in this district.

All commercial sales and service shall be conducted within enclosed permanent structures and there shall be no unenclosed displays of merchandise with the exception of off-street parking and outdoor dining. Outdoor sales or displays are permissible only by special permit as set forth below.

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.

Use of heavy drop hammers, punch presses or other machinery; or processing methods creating an excessive noise or vibration is prohibited in this district, subject to the provisions in chapter 74, article IV, noise control.

Pursuant to section 16-28.016 adult businesses are not permitted uses in this district.

(Ord. No. 2002-41, § 1, 5-28-02; Ord. No. 2005-41(06-O-0381), § 52, 7-12-05; Ord. No. 2008-62(06-O-0038), § 3Q, 7-7-08; Ord. No. 2009-24(08-O-1251), § 2AE, 6-9-09; Ord. No. 2009-61(09-O-1076), § 2(2), 10-13-09; Ord. No. 2014-22(14-O-1092), § 2-TT, 6-11-14 )