§ 16-33.006. Special permits.

The following uses are permissible only by additional special permits of the type indicated subject to limitations and requirements set forth in this chapter 33 or elsewhere in this part, and subject to the applicable procedures and requirements set forth in section 16-25.001, et seq.

1.

Special use permits.

a.

Bingo parlors.

b.

Broadcasting towers and line-of-sight relay devices for telephonic, radio or television communications greater than 70 feet in height, except alternative design mounting structures as contemplated by subsection 16-25.002(3)(h)(iv)(i), and subject to transitional height planes (chapter 1, section 19-1006).

c.

Churches, synagogues, temples, mosques and other religious worship facilities.

d.

Community centers.

e.

Nursing homes,

f.

Dormitories, fraternity houses and sorority houses.

g.

Grocery stores between 8,000 square feet and 15,000 square feet in floor area when located along streets that function as arterial streets or collector streets.

h.

Personal care homes, assisted living facilities and rehabilitation centers.

i.

Helicopter landing facilities or pickup or delivery stations.

j.

Hotels.

k.

Ninety days or more duration: Outdoor amusement enterprises, exhibits, entertainment, meetings, displays or sales areas, or outdoor areas for religious ceremonies.

l.

Park-for-hire parking decks.

m.

Poolrooms, billiard parlors, amusement arcades.

n.

Recreational centers.

o.

Single room occupancy residence.

p.

Transfer of development rights. Transfer of development rights is permissible provided each of the following criteria are met in addition to those set forth in section 16-28.023:

i.

The donor parcel must be either National Register listed, National Register eligible or property designated under the city's historic preservation ordinance;

ii.

The transfer documents must ensure that the historic property shall remain in perpetuity; and

iii.

If the historic property is not designated under the city's historic preservation ordinance at the time of transfer, it must be so designated prior to issuance of any building permit for the receiving property if said permit involves, in any way, the transferred development rights. (See section 16-28.023 for further requirements of the transfer of development rights process.)

q.

Shelter.

2.

Special administrative permits.

a.

Broadcasting towers and line-of-sight relay devices for telephonic, radio or television communications 70 feet or less in height, and an alternative design mounting structures as contemplated by subsection 16-25.002(3)(h)(iv)(i), and subject to transitional height planes (chapter 1, section 19.006).

b.

Driveways located between the sidewalk and the building for childcare centers, kindergartens and special schools, subject to provisions of subsection 16-25.002(3).

c.

Small family care home, subject to the limitations set forth in subsection 16-29.001(16).

d.

Ninety days duration or less: Outdoor amusement enterprises, exhibits, entertainment, meetings, display or sales areas, or outdoor areas for religious ceremonies.

e.

Outdoor displays of merchandise or sales areas within the supplemental zone adjacent to commercial uses.

f.

Two curb cuts along one street frontage on properties with a single street frontage greater than 300 feet, subject to provisions in subsection 16-25.002(3).

g.

Variation in residential open space requirements for buildings built before 1950.

h.

Variations in fenestration requirements.

i.

Fenestration in keeping with the scale of the nearest commercial storefront built before 1950 in the same or adjacent blocks, which is closest to meeting the requirements in subsection 16-33.013(6); and

ii.

Fenestration may be varied where there are development constraints related to topography.

i.

Variations in street tree requirements. Variations are subject to constraints such as overhead or underground utilities.

j.

Variations in driveway requirements: Driveways that are outside the lot boundaries provided they are directly connected to a public street, subject to provisions in subsection 16-25.002(3).

k.

Variations in surface parking lot landscaping and barrier requirements. Variations may be granted only upon making all of the following findings:

i.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, topography, subsurface conditions, overhead structures or the existence of sufficient trees in the public right-of-way within ten feet of the property line;

ii.

Such conditions are peculiar to the particular piece of property involved; and

iii.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this article and of Part 16 of this Code.

l.

Variations for sidewalk and supplemental zone width requirements. In blocks where 50 percent or more of the buildings were built before 1950, width requirements may be reduced to match the existing building setbacks, as measured from the curb, of the nearest two adjacent buildings located on the same side of the street.

m.

Variations in width requirements for new streets when counted towards open space requirements when any of the following are provided:

i.

Addition of bike lanes;

ii.

Addition of angled parking;

iii.

Addition of landscaped medians and roundabouts;

iv.

Elimination of on-street parking on one side of a one-way street.

n.

Retaining walls greater than two feet in height between the building façade line and the street, where existing topography does not require retaining walls of a greater height, and except where necessary to meet the provisions in subsection 16-25.002(3).

o.

Outdoor dining within required sidewalk for pre-existing buildings. Buildings existing prior to the adoption of this chapter with adjacent sidewalks that do not meet the requirements of this chapter, may have outdoor dining that encroaches into the sidewalk provided the following criteria are met:

i.

Shall have a minimum of eight feet of unobstructed sidewalk area adjacent to the curb when located adjacent to on-street parking;

ii.

Shall have a minimum of six feet of unobstructed sidewalk area adjacent to the curb when not located adjacent to on-street parking;

iii.

No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way;

iv.

At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter; and

v.

Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including any plant material.

p.

Outdoor dining within required sidewalk for new construction: New developments may have outdoor dining that encroaches into the sidewalk a maximum of two feet provided the following criteria are met:

i.

No permanent structure or ornamentation shall be located within the encroachment area and no element shall be attached to the sidewalk in any way;

ii.

At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter; and

iii.

Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including any plant material.

q.

Farmers' markets.

3.

Special exceptions.

a.

Structures or portions of structures greater than 300 feet from any R-1 through R-5, R-G, MR, or PD-H district boundary and a maximum height of 76 feet, where topography permits structures of greater heights. Said height shall be measured from the grade of the street on which the building faces.

b.

Off-street required parking decks and lots between 300 to 500 feet from primary use as measured from the nearest property line and within the same zoning district. An applicant shall submit written consent from property owner of the proposed off-site parking area. All parking spaces shall be clearly marked and signed as reserved during specified hours.

c.

Relocation of minimum open space requirements. At the option of the property owner, up to 50 percent of a development's required UOSR or public space may be relocated to an offsite parcel within one-half mile of the donating parcel provided the following criteria are met:

i.

The receiving parcel is in accordance with the City of Atlanta Comprehensive Development Plan as being a designated recipient parcel;

ii.

The receiving parcel contains the required amount of open space and said open space in the receiving parcel is located adjacent to and visible from a public street and accessible to the public during normal city park hours;

iii.

All of the open space in the receiving parcel meets the definition of UOSR in subsection 16-28.010(5)(a) except that no portion of any public right-of-way shall be included; and

iv.

The open space in the receiving parcel:

(a)

Shall provide active or passive recreational amenities;

(b)

Shall be no greater than 24 inches above or below the adjacent public sidewalk for a minimum distance of 15 feet from the beginning of the adjacent sidewalk;

(c)

Shall be visible and accessible from any point along 90 percent of any adjacent sidewalk; and

(d)

Shall permit and encourage pedestrians to walk on a minimum of 80 percent of the surface of the parcel excluding fountains, pedestrian furniture, public art and similar elements.

d.

Reduction of parking requirements may be permitted subject to a shared parking arrangement under the following criteria:

i.

The arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access;

ii.

All shared parking spaces shall be clearly marked; and

iii.

An applicant shall submit the following information as part of the application to reduce parking requirements and avoid conflicting parking demands:

(a)

A to-scale map indicating location of proposed parking spaces;

(b)

Hours of business operation of nonresidential parking users;

(c)

Written consent of property owners agreeing to the shared parking arrangement; and

(d)

Copies of parking leases. Renewed leases shall be filed with the bureau of planning. Lapse of a required lease agreement shall terminate the special administrative permit for shared parking.

(Ord. No. 2002-41, § 1, 5-28-02; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2008-62(06-O-0038), §§ 3Q(1), 5P(1), 6U, 7-7-08; Ord. No. 2009-24(08-O-1251), § 2AE(2), 6-9-09; Ord. No. 2011-39(10-O-1773), § 3AH, 9-15-11)