The purpose of this section is to provide for certain activities which, when operated, maintained, or conducted under certain specific or special conditions are not detrimental to the public health and safety, maintain and contribute to separation of land uses, and allow an individual greater use of his property while still providing protection and assurance to adjacent property owners. Special Use Permits may be granted or denied at the discretion of the City Council after a recommendation has been made by the Planning and Zoning Commission. Both Council and Commission shall give due consideration to the protection of adjoining properties and the surrounding area.
This Section applies to those uses that are listed in the Permitted Uses Table in Section 21 as requiring approval of a Special Use Permit. The same procedure which is followed in considering a rezoning request shall be followed in considering a request for a Special Use Permit.
Every special use granted under the provisions of this section shall be considered as an amendment to the zoning regulations as applicable to such property. In granting such permit, the City Council may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued by the Building Official for the use of the buildings or such property pursuant to said special permit; and such conditions shall not be construed as conditions precedent to the granting of the certificate of occupancy. The General Requirements which are listed in this Section apply to all items requiring a Special Use Permit unless otherwise specified for that item.
(Ordinance 2017-001 adopted 2/20/17)
(A) 
A site plan of the proposed activity shall be provided at the time the application is submitted. The site plan shall be drawn to scale and shall show all relevant information including dimensions of the property, building locations, building setbacks, distances between buildings, parking, driveways, etc. If approved, the activity shall conform to the site plan which is submitted.
(B) 
Unless otherwise specified, a Special Use Permit shall be approved for the life of the activity. If the activity is discontinued for a period of six (6) consecutive months or more, a new Special Use Permit must be approved.
(C) 
Other reasonable requirements and safeguards which are deemed necessary to protect adjoining property may be required by the City Council in the granting of a Special Use Permit in addition to the conditions specified for each item.
(D) 
All Special Use Permits will be reviewed annually to assure compliance with these regulations. If violations exist, the applicant for the Special Use Permit and/or the owner of the property will be notified in writing of the violations and will be allowed sixty (60) days to correct the violation. If the violation continues to exist, the Special Use Permit will terminate upon the completion of sixty (60) days from the date of the notification of the violations unless the Special Use Permit is again granted by the City Council in accordance with the procedural requirements of the Zoning Ordinance of the City of Atlanta.
(Ordinance 2017-001 adopted 2/20/17)
A. 
Mini-warehouse or rental storage units.
(1) 
The general requirements listed in Section 22.01 shall apply to this activity.
(2) 
The Planning and Zoning Commission may recommend and the City Council may establish additional requirements for the construction, occupancy and use of the storage units as may be found necessary and appropriate for a particular site. These requirements may include fencing, screening, siting, limitation on number of storage units, or other factors as may be necessary to allow this activity to be established with a minimal impact on the surrounding property.
(3) 
This activity shall be permitted in the C-2 district upon approval of a Special Use Permit.
B. 
Scientific research laboratories.
(1) 
The general requirements listed in Section 22.01 shall apply to this activity.
(2) 
Laboratories which work with toxic, hazardous, dangerous, volatile, poisonous, radioactive, or similar material shall not be considered for a Special Use Permit.
(3) 
This activity shall be permitted in the C-2, and C-3 districts upon approval of a Special Use Permit.
(Ordinance 2017-001 adopted 2/20/17)
A. 
Child care center, nurseries, or pre-schools.
(1) 
The general requirements listed in Section 22.01 shall apply to this activity.
(2) 
This activity shall be permitted in the A-E, R-1, R-2, MF, MH, C-1, I-1, and I-2 districts upon approval of a Special Use Permit.
(3) 
In the A-E, R-1, R-2, 6, MF, and MH districts, the location at which the child care center is operated shall be the full-time or primary place of residence of the operator. No employees from outside the home shall be permitted at a child care center in these districts. The number of children to be cared for shall be specified in the permit, and in no case shall more than twelve (12) children be cared for at one time.
(4) 
In any district, renewal of the Special Use permit shall be required every five (5) years.
(Ordinance 2017-001 adopted 2/20/17)
A. 
Garbage, offal, dead animals, wrecking or salvage yards, junkyards, or refuse storage.
(1) 
The general requirements listed in Section 22.01 shall apply to this activity.
(2) 
This activity shall be permitted in the I-2 district upon approval of a Special Use Permit.
(3) 
A solid fence with a height of at least six (6) feet shall be required on all sides of the junkyard so that the view of the junkyard and all materials therein from adjacent property and from public roads is completely blocked. Trees shall be planted inside the fence as a visual buffer, there will be a minimum distance of seven (7) feet measured from the surface of the ground to the top of the tree. The trees shall be planted a maximum distance of twenty (20) feet apart.
(4) 
The Special Use Permit shall be renewed every five (5) years to ensure that the activity is in compliance with these conditions.
B. 
Any other use which is obnoxious or offensive by reason of odor, dust, smoke, gas, noise, or similar characteristics.
(1) 
The general requirements listed in Section 22.01 shall apply to this activity.
(2) 
This activity shall be permitted in the I-2 district upon approval of a Special Use Permit.
(3) 
The time limit for a Special Use Permit for an activity in this category shall be recommended by the Planning and Zoning Commission and approved by the City Council.
(4) 
Determination of whether an activity falls in this category shall be based on Section 15.
(5) 
A buffer shall be required for this activity as provided for in Section 29.
(Ordinance 2017-001 adopted 2/20/17)
A. 
Arcade.
(1) 
The general requirements listed in Section 22.01 shall apply to this activity.
(2) 
This activity shall be permitted in the MF, MH, C-1, C-2, C-3, I-1, and I-2 districts upon approval of a Special Use Permit.
(3) 
In considering applications for Special Use Permits for the location of arcades, the following criteria shall be considered:
(a) 
The effect that arcade-related traffic will have on adjacent areas.
(b) 
The amount and location of parking which would be provided.
(c) 
The location of the arcade with respect to residential areas.
(d) 
The nuisance factor of outside trade.
(e) 
The location of the arcade (whether it is in a building with other uses or whether it is a solitary use).
(4) 
For arcades requested to be located in MH or MF districts, no more than one amusement machine is allowed for each ten (10) multifamily dwelling units or mobile home/travel trailer spaces.
(5) 
The site plan which must be submitted with the application for Special Use Permits shall include, but is not limited to, the following:
(a) 
The number of machines/games/tables to be placed in the facility.
(b) 
The location and number of off-street parking spaces to be provided.
(c) 
The dimensions of the tract of land and of the building.
(d) 
The number of machines per square foot of building area.
(e) 
The restroom facilities which would be available.
(Ordinance 2017-001 adopted 2/20/17)
A. 
Apartment.
(1) 
The general requirements listed in Section 22.01 shall apply to this activity.
(2) 
This activity shall be permitted in the C-3 district upon approval of a Special Use Permit.
(3) 
The yard, lot area, and height requirements of the C-3 district shall apply to buildings which are built for apartments or which are converted to use as apartments.
B. 
Bed and breakfast.
(1) 
The general requirements listed in Section 22.01 shall apply to this activity.
(2) 
This activity shall be permitted in the A-E, R-1, R-2, MF, and C-1 districts upon approval of a Special Use Permit.
(3) 
No more than from five (5) to eight (8) persons in addition to members of the family living in the residence may be accommodated at one time. If four (4) or fewer people are to be accommodated, a Special Use Permit shall not be required. If more than eight (8) people are to be accommodated, a zoning change shall be required.
(4) 
Off-street parking shall be provided at a ratio of one (1) space for each bedroom in the residence.
(5) 
The off-street parking area shall be an all-weather surface and shall not be located in the front yard of the residence.
(6) 
The off-street parking area shall be screened by a solid six-foot fence or by dense bushes or shrubbery.
(7) 
No alterations or modifications shall be made to the exterior of a building to alter the appearance of a building as a residence if it is located in a residential area.
(8) 
A single sign may be permitted on the premises to advertise the bed and breakfast establishment. The sign shall not exceed one (1) square foot in area and the sign shall be lighted.
(9) 
All other City Codes, including Fire Codes and Health Codes, shall be complied with.
(10) 
A bed and breakfast establishment shall be located in a single-family residence or one-family dwelling and not in a duplex, triplex, quadraplex, or multifamily dwelling.
(11) 
The residence shall be the full-time place of residence of the owner of the property or the resident manager of the property.
(12) 
The Special Use Permit shall be renewed every five (5) years to assure that all conditions are being complied with.
C. 
Condominium.
(1) 
The same conditions shall apply for approval of a Special Use Permit for this activity which apply for approval of a Special Use Permit for apartments in Section 22.11(A) [22.05(A)].
D. 
Multifamily dwelling.
(1) 
The same conditions shall apply for approval of a Special Use Permit for this activity which apply for approval of a Special Use Permit for apartments in Section 22.11(A) [22.05(A)].
(Ordinance 2017-001 adopted 2/20/17)