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Discussion Draft Use Districts (Excludes Use Table)

Review and comment on the draft Use Districts

The Discussion Draft Use Districts focus on the use of property. They include use definitions, citywide use standards, and district-specific use standards. The draft includes existing definitions and standards from the Zoning Ordinance, plus new definitions and standards that emerged from ongoing public input. 

Please share any thoughts you have about the Discussion Use Districts with us. Your comments will be used to shape the future drafts of ATL Zoning 2.0.

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in reply to Timothy's comment
Answer
Please see the Use Table. They are currently only allowed in industrial zoning districts. This is proposed to continue as of the 11/12/24 draft.
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Suggestion
I would also suggest making it clear that funeral services are allowed to be conducted at cemeteries. The majority of perpetual care cemeteries support families in making funeral arrangements in a physical location at the cemetery. They have offices to support making these arrangements, and currently the zoning code doesn't address that majority of cemeteries de facto operate like this.
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Suggestion
Can you make it clear where crematoriums will be permitted in the City? They should be allowed in cemeteries.
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Suggestion
I'm a cemetery owner in the City of Atlanta. Suggest changing the language to say: "A use that provides for the interment [and entombment] of human remains." That will help you to be clear, that human disposition can go in grown (burial) and above ground (mausoleum or columbarium). Also, I would suggest removing "not include cremation services." We serve lots of cremation families in our cemeteries - and it is not correct to say that cemeteries don't offer cremation services; we do. Many want to be placed in a columbarium niche or for their urn to be buried in a cemetery.
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The draft use table currently shows that Fuel Sales are not permitted in U 27. Just flagging this so the two provisions can be reconciled.
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in reply to GCheatham's comment
Answer
Accessory buildings include things like garages, garden sheds, stables/barns, greenhouses/conservatories, pool houses, and other permanent roofed structures. A current design trend that would also qualify is the "outdoor kitchen," which is a freestanding fully enclosed or semi-enclosed kitchen for outdoor entertaining.
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Your General Eating and Drinking Establishment definition is merging two different types of establishments in one definition with no distinction. A drinking establishment ( using NAICS as a guide) - like bars and nightclubs - is primarily engaged in preparing and serving alcoholic beverages. While eating establishment do cover the range your definition describes such as juice bars and fast food restaurants, they are not 'eating and drinking establishments' without the alcohol involved. It's confusing and you guys are doing such a great job in unconfusing Atlanta's zoning! We appreciate that!
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in reply to jennifer brooks's comment
Answer
Today , accessory units may be used for short-term rental if the owner lives on the property. Guest houses, like rooms in a house, may also be used for short-term rental, with or without the owner living on the property. No change from current standards was included in the "discussion draft." Short-term rentals are not regulated by zoning. They are regulated by Part 20 of the Code of Ordinances, which can be reviewed here: link
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Question
Can the guest unit or accessory unit be used for short term rental or are they specifically intended to increase residential density of the neighborhood by being occupied as primary residences?
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Question
What all does "accessory buildings" include (other than the guest unit itself)? I assume all "residential accessory structures"? What about "accessory recreational structures"?
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Question
The "guest unit" standard uses the term "accessory buildings." I assume that term includes "guest units," accessory units" and "residential accessory structures"?
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Question
The current zoning code has a separate category for "secured storage." Has that type of storage facility been subsumed into the more general definitions here?
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in reply to Elena Kaplan's comment
Answer
Thank you for your feedback. Today, there are few restrictions on outdoor noise, except as provided in districts that are equivalent to U12, a few others, and the noise ordinance. We have added outdoor noise as a citywide accessory use (see Use Table) because there appears to be interest in limiting it on more places (based on public input received so far). Are there specific areas where you think it should be further limited?
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Suggestion
The limitation on outdoor amplified sound should apply in more places throughout the City where residences are adjacent to commercial districts. Residents should not have to just rely on the noise ordinance and our understaffed police force to ensure that they can peacefully live in their homes.
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Question
How do you differentiate a building being 'purpose built' for a commercial use versus a building that was previously used as a commercial use within a reasonable time frame? For example, lots of buildings were built as houses 100 years ago, but have been used as commercial uses for decades. But they were not 'built' specifically for commercial uses.
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Suggestion
I'd recommend calibrating this to the definitions with IBC so live-work is consistent. 419.1.1Limitations. All of the following shall apply to live/work areas: 1.The live/work unit is permitted to be not greater than 3,000 square feet (279 m2) in area. 2.The nonresidential area is permitted to be not more than 50 percent of the area of each live/work unit. 3.The nonresidential area function shall be limited to the first or main floor only of the live/work unit. 4.Not more than five nonresidential workers or employees are allowed to occupy the nonresidential area at any one time.
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Question
Does this definition hold true if one of the buildings is non-res? So a corner store and a two-family building on the same lot- not multifamily?
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Question
How does two-unit living compare to duplex/zero lot line under the previous zoning? Or is ZLL considered Single Unit Living since it is technically one unit per lot?
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in reply to C. Claire's comment
Question
Thank you for comments. Could you please provide more clarity on what you'd like to see?
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This needs more thought.
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in reply to C. Claire's comment
Thank you for the suggestion. We will explore better aligning the two.
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in reply to C. Claire's comment
Answer
Thank you, but the final legislation appears to only address fences: link
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in reply to SiteAdmin's comment
That's good to hear. However, there does need to be a definition of 'entertainment' because this is what contributes to 'restaurants' engaging in nightclub- like behavior when entertainment is part of the business model. Currently (which you already know), under the alcohol ordinance as long as a restaurant meets the distance requirements it can have entertainment. If the alcohol ord entertainment definition is sufficiently clear, that can serve as a reference.
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in reply to SiteAdmin's comment
The NC 6 was updated in February of this year regarding certain hours of operation. Ordinance No. 2024-07 (23-O-1490)
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in reply to Corliss Claire's comment
Answer
Zoning does not regulate whether businesses may or may not hold an alcohol license - that is determined by Chapter 10 of the City Code. Today, any eating and drinking establishment may apply for an alcohol license. Nothing in the proposed zoning changes would change that.
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Question
Is this definition of General Eating and Drinking Establishment suggesting that fast food restaurants, smoothie bars, ice cream shops, juice and smoothie bars may serve alcohol for on premise consumption as an accessory use?
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in reply to Patrick Ford's comment
Answer
Yes, it is intended to. However, the term specifically excludes "student apartments" such as The Whistler in Midtown and One12 Courtland in Downtown. Those are not technically dormitories; instead, they are multi-unit housing and not subject to this definition. We will look at improving the language.
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in reply to Patrick Ford's comment
Answer
Thanks for your pointing this out. The current NC-6 (U12) reads, "Eating and drinking establishments: shall not operate between the hours of 2:00 a.m. to 6:30 a.m., Monday through Thursday. There shall be no limit to hours of operation Friday and Saturday." Given the first clause, the second may not be needed.
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Suggestion
shouldn't this read Friday through Sunday?
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Question
Does "officially affiliated" with an accredited institution include privately owned and/or for-profit dormitories? Some institutions outsource residential living arrangements?
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in reply to Laura Glass-Hess's comment
Answer
The configuration you describe, where both units are similarly sized, is a duplex/two-unit configuration. The proposed use table allows that configuration in all Use Districts, except U1-U3. By definition all accessory uses must be smaller than/subordinate to the principal use on the property, otherwise they are not accessory.
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Suggestion
I would like to see zoning which allows for "missing middle" housing such as duplexes and basement apartments. I understand this draft to allow an ADU, which is good; and to allow a basement apartment but only if it is less than 850 sq ft. I would like to remove size restrictions on the accessory/guest unit.
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Suggestion
Why this limitation on sf? I would like to see something that allows a basement apartment, which may be same SF as the top level.
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in reply to Corliss Claire's comment
Answer
The proposed code addresses combination uses like you describe in Sec. 3.3.1.E. (pg. 3-4). Multiple principal uses on a lot are only allowed if ALL the uses are permitted. The next draft will add similar language to the introduction to Accessory Uses that outlines the same rules but for multiple accessory uses instead of multiple principal uses. This means that a restaurant that included an event facility and a hookah lounge would only be allowed if the district allowed all three.
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There MUST be a definition for an Eating & Drinking Establishment (Restaurant) with Live Entertainment. Entertainment meaning: DJ, hookah, customer dancing, karaoke, comedy acts, etc. This 'blended restaurant model' is a trend.
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Interesting
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