§ 16-35.005. Permitted principal uses and structures.

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

1.

Public schools through the secondary level operated by the Atlanta Board of Education, having no dwelling or lodging facilities except for caretakers.

2.

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

3.

Single-family attached dwellings (zero-lot-line development).

4.

Structures and uses required for operation of MARTA but not including uses involving storage, train yards, warehousing, switching or maintenance shops as the primary purpose.

5.

All nonresidential permitted uses listed below shall be restricted in floor area to a maximum of five percent of the total development, shall be located within a building that contains street frontage and shall be located on the street-level floor only. No occupancy permit for the following uses shall be issued until a minimum of 50 percent of the total dwelling units are occupied.

a.

Bakeries and catering establishments.

i.

MR-1, MR-2, and MR-MU : Not permitted.

ii.

MR-3, MR-4A, and MR-4B : Shall not exceed 2,000 square feet of floor area.

iii.

MR-5A, MR-5B and MR-6 : Shall not exceed 4,000 square feet of floor area.

b.

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

i.

MR-1, MR-2, and MR-MU : Not permitted.

ii.

MR-3, MR-4A, and MR-4B : Shall not exceed 2,000 square feet of floor area.

iii.

MR-5A, MR-5B and MR-6 : Shall not exceed 4,000 square feet of floor area.

c.

Eating and drinking establishments including restaurants, bars, coffee shops, delicatessens, and taverns.

i.

MR-1, MR-2, and MR-MU : Not permitted.

ii.

MR-3, MR-4A, and MR-4B : Shall not exceed 4,000 square feet of floor area.

iii.

MR-5A, MR-5B and MR-6 : Shall not exceed 8,000 square feet of floor area.

d.

Laundry and dry-cleaning collection stations, laundry and dry-cleaning establishments where customers operate equipment.

i.

MR-1, MR-2, and MR-MU : Not permitted.

ii.

MR-3, MR-4A, and MR-4B : Shall not exceed 2,000 square feet of floor area.

iii.

MR-5A, MR-5B and MR-6 : Shall not exceed 4,000 square feet of floor area.

e.

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

i.

MR-1, MR-2, and MR-MU : Not permitted.

ii.

MR-3 through MR-6 : Shall not exceed 8,000 square feet of floor area.

f.

Offices and studios.

i.

MR-1, MR-2, and MR-MU : Not permitted.

ii.

MR-3 through MR-6 : Shall not exceed 8,000 square feet of floor area.

g.

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

i.

MR-1, MR-2, and MR-MU : Not permitted.

ii.

MR-3 through MR-6 : Shall not exceed 4,000 square feet of floor area.

h.

Tailoring, custom dressmaking, millinery and similar establishments.

i.

MR-1, MR-2, and MR-MU : Not permitted.

ii.

MR-3 through MR-6 : Shall not exceed 4,000 square feet of floor area.

6.

Supportive housing.

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 any district and its relation to adjoining districts.

Accessory uses and structures permitted within each district shall include those customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.

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

(Ord. No. 2002-39, § 1, 5-28-02; Ord. No. 2009-24(08-O-1251), § 2AG, 6-9-09; Ord. No. 2019-09(18-O-1581), § 6.B, 1-31-19 )