Atlanta › Land Development Code — Part III

Part 16, Chapter 9 — R-LC Residential-Limited Commercial District Regulations

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§ 16-09.001

Scope of provisions.

Sec. 16-09.001. Scope of provisions.

The regulations set forth in this chapter, or set forth elsewhere in this part when referred to in this chapter, are the regulations in R-LC Residential-Limited Commercial District. (Code 1977, § 16-09.001)

§ 16-09.002

Statement of intent.

Sec. 16-09.002. Statement of intent.

The intent of this chapter, in establishing the R-LC Residential-Limited Commercial District, is as follows:

(1)To provide for the transition of areas from residential to office and limited commercial retail services which do not generate large volumes of traffic, noise, or other harmful effects, and which are compatible with residential uses.

(2)To provide, in areas so indicated on the comprehensive development plan, for development of structures along major thoroughfares, especially between more intensely developed and higher traffic generating districts and residential districts, in order to permit a reasonable use along such thoroughfares without the inherent ill effect of strip commercial development.

(3)To encourage conservation and preservation of structurally sound residences in these neighborhoods.

(Code 1977, § 16-09.002)

§ 16-09.003

Permitted principal uses and structures.

Sec. 16-09.003. Permitted principal uses and structures.

A building or premises shall be used only for the following principal purposes:

(1)Barbershops, beauty shops, and similar personal service establishments.

(2)Child care centers, day care centers, prekindergartens, kindergartens, play and other special schools for young children.

(3)Churches, synagogues, temples, mosques and other religious worship facilities, having a minimum lot area of at least one acre.

(4)Offices, studios, clinics (other than veterinary), clinical laboratories.

(5)Multi-family dwellings.

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

(7)Restaurants, including those licensed for the on-premises consumption of malt beverages, wine and/or distilled spirits, which are operated in existing structures with no more than 2,000 square feet of floor space devoted to such use and having no drive-in service.

(8)Repealed.

(9)Single-family dwellings.

(10)Specialty shops such as antique stores, gift shops, boutiques, art and craft stores, and apothecary shops, provided no such establishment shall occupy more than 2,000 square feet of floor area. Package stores are expressly prohibited.

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

(12)Two-family dwelling.

(13)Supportive housing.

(14)Urban gardens.

(15)Market gardens.

(16)Short-term rentals, subject to the regulations in Atlanta City Code section 20-1001.

Except for off-street parking and other authorized outdoor uses, all commercial sales and service activities shall be within completely enclosed buildings; and there shall be no unenclosed displays of merchandise. No wholesaling or jobbing shall be conducted from within the district. (Code 1977, § 16-09.003; Ord. No. 1995-42, § 2, 8-28-95; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2005-41(06-O-0381), § 2, 7-12-05; Ord. No. 2008-62(06-O-0038), § 5C, 7-7-08; Ord. No. 200924(08-O-1251), § 2B, 6-9-09; Ord. No. 2014-22(14O-1092), § 2-L, 6-11-14; Ord. No. 2021-60(21-O0682), § 13, 12-15-21)

§ 16-09.004

Permitted accessory uses and structures.

Sec. 16-09.004. Permitted accessory uses and structures.

Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, to include devices for the generation of energy such as solar panels, wind generators and similar devices including electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE. No merchandise shall be stored other than that to be sold at retail on the premises, and no storage for such merchandise shall occupy more than 25 percent of the total floor areas on the premises. No off-premises storage of such merchandise shall be permitted the district as either a principal or accessory use. (Code 1977, § 16-09.004; Ord. No. 2014-53(14-O1278), § 2(Attach. B), 12-10-14)

§ 16-09.005

Special permits.

Sec. 16-09.005. Special permits.

The following uses are permissible only by special permit of the kind indicated, subject to limitations and requirements set forth herein or elsewhere in this part:

(1)Special use permits:

(a)Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications greater than 70 feet in height, except 1) alternative design mounting structures and 2) new or additional uses of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k).

(b)Personal care homes, assisted living facilities and rehabilitation centers.

(c)Nursing homes.

(d)Parks; playgrounds, stadiums, baseball or football fields, golf course, sports arena, and community centers.

(e)Outdoor amusement enterprises, exhibits, entertainments, meetings, displays or sales areas, or outdoor areas for religious ceremonies of 90 days' or more duration.

(f)Outdoor dining at restaurants when any part of such use is located within 1,000 feet of property that is zoned as an R-1, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-4B, or R-5 district, or that is used as a residential property.

(g)Party house provided that the use shall be prohibited within 150 feet of a property zoned R-1, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-4B, R-5, RG, MR or a property used for residential purposes measured from property line to property line.

(2)Special administrative permits:

(a)Outdoor amusement enterprises, exhibits, entertainments, meetings, displays or sales areas, or outdoor areas for religious ceremonies of less than 90-day duration.

(b)Zero-lot-line development. See section 16-28.011(6).

(c)Farmers' markets.

(d)Broadcasting towers and line-ofsite relay devices for telephonic, radio or television communications 70 feet or less in height, alternative design mounting structures, and new or additional uses of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k).

(e)Whenever an application for such a permit is made, the director of the bureau of planning shall provide prior notification to the pertinent district councilmember and at-large councilmembers.

(3)Special exceptions:

(a)Churches, temples, synagogues, mosques and other religious worship facilities, where lot area is less than one acre.

(b)Structures and uses required for operation of a public utility, except uses involving storage, train yards, warehousing, switching or maintenance shops as a primary purpose.

(Code 1977, § 16-09.005; Ord. No. 1997-06, § 4, 2-10-97; Ord. No. 1997-65, § 1, 11-10-97; Ord. No. 2001-96, §§ XXII, XXIII, 12-12-01; Ord. No. 2002-26, § 14, 3-14-02; Ord. No. 2004-53, §§ 12A— 12C, 8-20-04; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2005-41(06-O-0381), § 3, 7-12-05; Ord. No. 2008-62(06-O-0038), § 3K, 7-7-08; Ord. No. 2011-39(10-O-1773), § 3L, 9-15-11; Ord. No. 202058(19-O-1393), § 2, 10-28-20)

§ 16-09.006

Transitional uses, structures, requirements and height-limiting factors.

Sec. 16-09.006. Transitional uses, structures, requirements and height-limiting factors.

Where a lot in this district abuts a lot in the "R" district on a side or rear lot line without an intervening street, opaque fencing or screening not less than six feet in height shall be provided and maintained in sightly condition. (Code 1977, § 16-09.006)

§ 16-09.007

Minimum lot requirements.

Sec. 16-09.007. Minimum lot requirements.

The following minimum lot requirements shall apply to all uses provided by special permits as well as permitted uses:

(1)Churches, temples, synagogues, mosques and similar religious facilities: Minimum net lot: One acre except when permitted by special exception.

(2)Single-family and two-family dwellings: Minimum lot width of 50 feet and a minimum lot area of not less than 5,000 square feet.

(3)Multi-family dwellings, zero-lot-line dwellings and lodgings shall be permitted according to the Land Use Intensity Ratios, table I, for sector 2 (see section 16-08.007).

(4)All other uses: None. (Code 1977, § 16-09.007; Ord. No. 2005-21, §§ 1, 2, 3-25-05)

§ 16-09.008

Bulk limitations.

Sec. 16-09.008. Bulk limitations.

The following bulk limitations shall apply to all uses approved by special permits as well as permitted uses: For nonresidential uses, floor area shall not exceed an amount equal to .50 times net lot area. Residential uses shall be permitted up to the maximum ratios established for sector 2 as shown on table I, section 16-08.007. (Code 1977, § 16-09.008)

§ 16-09.009

Minimum yard requirements.

Sec. 16-09.009. Minimum yard requirements.

The following minimum yard requirements shall apply to all uses approved by special permits as well as permitted uses:

(1)Front yard: 30 feet.

(2)Side yard: Seven feet, except where adjoining a residential district, then a 20-foot side yard shall be required.

(3)Rear yard: 20 feet. (Code 1977, § 16-09.009)

§ 16-09.010

Maximum height limitations.

Sec. 16-09.010. Maximum height limitations.

The following height limitations shall apply to all uses approved by special permits as well as permitted uses: No building shall exceed 35 feet in height. See section 16-28.022 for excluded portions of structures. (Code 1977, § 16-09.010)

§ 16-09.011

Minimum off-street parking requirements.

Sec. 16-09.011. Minimum off-street parking requirements.

The following parking requirements shall apply to all uses approved by special permit as well as permitted uses (see section 16-28.014 and also section 16-28.015 for off-street loading requirements):

(1)Schools, colleges, churches, recreational or community centers and other places of assembly: One space for each four fixed seats with 18 inches of bench length counted as one seat or one space for each 35 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the following:

(a)Public or private elementary or middle school: Two spaces for each classroom.

(b)High school: Four spaces for each classroom.

(c)Colleges and universities: Eight spaces for each classroom.

(2)Nursing homes are required to have one space for each four beds. Personal care homes, assisted living facilities, and rehabilitation centers with a residential component are required to have the amount of parking specified by the Land Use Intensity Ratios Table.

(3)Child care centers, day care centers, prekindergartens, kindergartens, play and other special schools or day care centers for young children: One space per 600 square feet of floor area. In addition to providing off-street parking, such establishments shall provide safe and convenient facilities for loading and unloading children, as approved by the director, bureau of traffic and transportation.

(4)Multi-family dwellings and lodgings: See section 16-08.007, table I, for applicable ratios according to appropriate floor area ratio.

(5)Offices, studios, clinics, clinical laboratories: One (1) space for each 300 square feet of floor area.

(6)Barbershops, beauty shops, and similar personal service establishments: One space for each 200 square feet of floor area.

(7)Specialty shops: One space for each 300 square feet of floor area.

(8)Accessory uses: All accessory uses shall provide one additional space per 300 square feet of floor area devoted to such space.

(9)Other uses: One space for each 300 square feet of floor area.

(10)Restaurants: One space for each 100 square feet of floor area. Where a restaurant derives more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits, it shall be required to have one space for each 75 square feet of floor area. Floor area shall include, in addition to those areas defined in section 16-29.001(13)(b), areas within the existing building footprint where walls have been removed and a permanent roof remains.

(11)Accessory outdoor dining: Limited to 25 percent of the total gross floor area of the building or business with no parking requirements, unless a greater number of spaces are required as a condition for a special use permit: over 25 percent must provide one space per 200 s.f. of the total accessory outdoor dining area including the 25 percent non-exempt floor area.

(Code 1977, § 16-09.011; Ord. No. 1996-60, § 1, 8-26-96; Ord. No. 2002-26, § 3, 3-14-02; Ord. No. 2004-53, § 12D, 8-20-04; Ord. No. 2005-41(06-O0381), § 4, 7-12-05)

§ 16-09.012

Sidewalks.

Sec. 16-09.012. Sidewalks.

(1)Public sidewalks shall be located along all public streets and shall consist of two zones: an amenity zone and a walk zone.

(2)Amenity zone requirements: The amenity zone shall be located immediately adjacent to the curb. Width shall be measured from back (building side) of curb to the walk zone. Minimum width shall be five feet. This zone is reserved for the placement of street trees and street furniture including utility and light poles, public art, waste receptacles, fire hydrants, traffic signs, traffic control boxes, newspaper boxes, transit shelters and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. Such elements, where installed, shall be of a type specified by the director in accordance with uniform design standards for placement of such objects in the public right-of-way.

(3)Walk zone requirements: The walk zone shall be located immediately contiguous to the amenity zone and shall be a continuous hardscape for a minimum width of 10 feet for arterial and collector streets and six feet for all other streets. Said zones shall contain a consistent cross-slope not exceeding two percent. No fixed elements, including pole mounted signage, traf-fic control boxes or other utility structures, shall be placed above ground in the walk zone for a minimum height of eight feet.

(4)Paving: All sidewalk paving shall be of a type specified in accordance with uniform design standards for placement of such objects in the public right-of-way. Any existing decorative hardscape treatment of sidewalks, including amenity zone and sidewalk walk zone areas, shall be retained as part of any new development or replaced with materials that match in size, shape, and color.

(5)Street tree planting requirements: Street trees are required and shall be planted in the ground within the amenity zone and spaced equidistance and on-center between street lights a maximum of 40 feet apart. All newly planted trees shall be single-stemmed at a minimum of three inches in caliper (measured 36 inches above ground), shall be a minimum of 12 feet in height at the time of planting and shall be limbed up to a minimum height of seven feet. Trees shall be planted with a minimum of 40 square feet of evergreen ground cover such as mondo grass or liriope spicata. All tree plantings, replacement and removal shall be approved by the city arborist.

(6)Pedestrian and street lights shall be placed equidistant and on-center between required street trees within the amenity zone.

(7)Where property within the district abuts an R district without an intervening street, the sidewalk area within 20 feet of such districts shall taper when necessary to provide a smooth transition to the existing R districts sidewalk. In the event that the abutting R district has no existing sidewalk the sidewalk shall taper to a width of six feet, measured from the street curb, or as approved by the Director of the Office of Zoning and Development.

(8)Adjustments to the sidewalk requirements may be permitted by the Director of the Office of Zoning and Development upon a finding that one or more of the site conditions set forth in subsections (8)(a) through (8)(f) below are present on the site. The applicant requesting the adjustment must provide documentation establishing the presence of the site condition(s) relied upon. If the adjustment results in the waiver of the sidewalk requirement on the site, the applicant shall construct sidewalks of equal or greater length along adjoining streets in a specific location approved by the Director.

a.Trees exist within the proposed sidewalk zone having a diameter at breast height (DBH) of six inches or more;

b.Topographic conditions exist that would locate the proposed sidewalk walk zone 12 or more inches above or below the top surface of the finished curb;

c.Topographic conditions exist that would prevent driveway access to the property upon completion of the proposed sidewalk;

d.Physical conditions exist such as existing structures, existing utility devices, or rock outcroppings that obstruct the installation of the proposed sidewalk;

e.The existence of an overlay zoning district pursuant to chapter 20 of part 16, an Overlay SPI District, or the BeltLine Overlay District; or

f.Sidewalk improvements for the proposed sidewalk zone that are planned, approved, and publicly-funded by the City of Atlanta.

(Ord. No. 2018-11(18-O-1023), § 12.F, 5-16-18)

CHAPTER 10. O-I OFFICE-INSTITUTIONAL DISTRICT