CITY COMCIL ATLANTA, GEORGIA ORDINANCE BY 19-0-1504 4-' 114 COUNCILMEMBER MARCI COLLIER OVERSTREET AS AMENDED BY ZONING COMMITTEE Z-19-96

AN ORDINANCE TO AMEND THE 1982 ATLANTA ZONING ORDINANCE, AS AMENDED, TO ADD SECTION 16-29.001(87) TO ADD THE DEFINITION OF SMALL DISCOUNT ; TO AMEND THE C-1 (COMMUNITY BUSINESS), C-2 (COMMERCIAL SERVICE), C-3 (COMMERCIAL RESIDENTIAL), C-4 (CENTRAL AREA COMMERCIAL RESIDENTIAL), C-5 (CENTRAL BUSINESS SUPPORT), I-MIX (INDUSTRIAL MIXED USE DISTRICT), 1-2 (HEAVY INDUSTRIAL DISTRICT), SPI-1 (DOWNTOWN SPECIAL PUBLIC INTEREST DISTRICT), SPI-2 (FORT MCPHERSON SPECIAL PUBLIC INTEREST DISTRICT), SPI-9 (BUCKHEAD VILLAGE DISTRICT), SPI-12 (BUCKHEAD/LENOX STATIONS SPECIAL PUBLIC INTEREST DISTRICT), SPI-15 (LINDBERGH TRANSIT STATION SPECIAL PUBLIC INTEREST DISTRICT), SPI-16 (MIDTOWN SPECIAL PUBLIC INTEREST DISTRICT), SPI-17 (PIEDMONT AVENUE SPECIAL PUBLIC INTEREST DISTRICT), SPI-18 (MECHANICSVILLE NEIGHBORHOOD SPECIAL PUBLIC INTEREST DISTRICT), SPI-20 (GREENBRIAR SPECIAL PUBLIC INTEREST DISTRICT), SPI-21 (HISTORIC WEST END/ADAIR PARK SPECIAL PUBLIC INTEREST DISTRICT), SPI-22 (MEMORIAL DRIVE/OAKLAND CEMETERY SPECIAL PUBLIC INTEREST DISTRICT), PD-MU (PLANNED DEVELOPMENT - MIXED USE DISTRICT), PD-OC (PLANNED DEVELOPMENT - OFFICE-COMMERCIAL DISTRICT), CABBAGETOWN LANDMARK DISTRICT, MARTIN LUTHER KING, JR. LANDMARK DISTRICT, INMAN PARK HISTORIC DISTRICT, PRATT-PULLMAN LANDMARK DISTRICT, NC (NEIGHBORHOOD COMMERCIAL), LW (LIVE WORK DISTRICT), AND MRC (MIXED RESIDENTIAL COMMERCIAL) ZONING DISTRICTS SO AS TO ALLOW SMALL DISCOUNT VARIETY STORES AS A USE; TO REQUIRE A 5,280 FOOT DISTANCE BETWEEN SMALL DISCOUNT VARIETY STORES AS DEFINED BY THIS ORDINANCE; AND FOR OTHER PURPOSES.

WHEREAS, small discount variety store means a establishment with a floor area less than 12,000 sq. ft. that offers a variety of consumer products including household goods, personal care products, entertainment products, electronics, and other consumer products, including food or beverages for off-premise consumption, and that sells these consumer products at a discounted rate; and

WHEREAS, cities, nonprofit groups, and universities across the have evaluated the effects small discount variety stores have on economically depressed areas; and

WHEREAS, there are a significant number of these small discount variety stores in the City of Atlanta ("City") that conduct small retail sales of consumer goods at a discount price, but fail to offer fresh fruits and vegetables; and

WHEREAS, a proliferation of these small discount variety stores are concentrated in economically depressed areas with scarce access to healthy and affordable food options; and REAS, the concentration of small discount variety stores may negatively impact the plans entional grocery stores, which offer full food choices including a variety of fresh fruits egetables, within a community; and

WHEREAS, communities in the City desire a greater diversity of retail choices, including but not limited to conventional grocery stores; and

WHEREAS, the Atlanta City Council finds that Small Discount Variety stores should be allowed in the following districts outlined in this Ordinance but not within 5,280 feet of an existing or permitted Small Discount Variety Store; and

WHEREAS, the Atlanta City Council finds this amendment to the affected zoning district regulations will serve the public health, safety, and general welfare of the community.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS AS FOLLOWS:

Section 1: So as to add a new definition to Section 16-29.001 entitled "Small Discount Variety Store". Section 16-29.001 is hereby amended to add:

(87) Small Discount Variety Store: A retail establishment with a floor area less than 12,000 sq. ft. that offers a variety of consumer products including household goods, personal care products, entertainment products, electronics, and other consumer products, including food or beverages for off-premise consumption, and that sells these consumer products at a discounted rate. However, this definition of small discount variety store does not include; (1) grocery stores which offer full food choices including fresh fruit and vegetables; (2) stores which includes a pharmacy and pharmacy means any place of business of a pharmacist; (3) convenience stores which also sell gasoline as part of a service station; (4) beauty supply stores; (5) art supply stores; (6) office supply stores; (7) small retail stores typically less than 5,000 sq. ft. which are housed inside office buildings; or (8) stores permitted under Atlanta City Code Sec. 16-08.004(7)(a).

Section 2: City Code Sec. 16-11.003 governing permitted principal uses and structures in the C-1 (Community Business District) zoning district is hereby amended to add subparagraph (33) which shall read:

(33) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 3: City Code Sec. 16-12.003 governing permitted principal uses and structures in the C-2 (Commercial Service District) zoning district is hereby amended to add subparagraph (38) which shall read:

(38) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store. ion 4: City Code Sec. 16-13.003 governing permitted principal uses and structures in the C-3 ommercial Residential District) zoning district is hereby amended to add subparagraph (38) which shall read:

(38) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 5: City Code Sec. 16-14.003 governing permitted principal uses and structures in the C-4 (Central Area Commercial Residential District) zoning district is hereby amended to add subparagraph (38) which shall read:

(38) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 6: City Code Sec. 16-15.003 governing permitted principal uses and structures in the C-5 (Central Business Support District) zoning district is hereby amended to add subparagraph (40) which shall read:

(40) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 7: City Code Sec. 16-16A.004 governing permitted principal uses and structures in the I-MIX (Industrial Mixed Use District) zoning district is hereby amended to add subparagraph (3)(r) which shall read:

(3)(r) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 8: City Code Sec. 16-17.003 governing permitted uses and structures in the 1-2 (Heavy Industrial District) zoning district is hereby amended to add subparagraph (26) which shall read:

(26) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 9: That the "SPI-1 Downtown: Use Table" in City Code Sec. 16-18A SPI-1 - Downtown Special Public Interest District Regulations is hereby amended to add a new row under the "Commercial/Retail" column and beneath the "Service stations..." row which shall read:

Small Discount Variety Stores, provided that no small P P PPP P P discount variety store may be located within 5,280 feet of another small discount variety store.

Section 10: That the "SPI-2 Use Table" in City Code Sec. 16-18B SPI-2 - Fort McPherson Special Public Interest District is hereby amended to add a new row beneath the "Sales and Repair Establishments" row which shall read: 1 Discount Variety Stores, provided that no small P PP P P ..“ ount variety store may be located within 5,280 feet of another small discount variety store.

Section 11: That the "SPI-9 Buckhead Village Table of Uses" in City Code Sec. 16-181 SPI-9 - Buckhead Village District Regulations is hereby amended to add a new row under the "Commercial/Retail" column and beneath the "Servicing and repairing new vehicles..." row which shall read:

Small Discount Variety Stores, provided that no small P PPP Yes discount variety store may be located within 5,280 feet of another small discount variety store.

Section 12: That the "SPI-12 Buckhead/Lenox Stations Table of Uses" in City Code Sec. 16-18L SPI-12 - Buckhead/Lenox Stations Special Public Interest District is hereby amended to add a new row under the "Non-residential Uses (commercial and Retail Uses)" column and beneath the "Sales and leasing agencies..." row which shall read:

Small Discount Variety Stores, provided that no small P P/ b SUP X discount variety store may be located within 5,280 feet of another small discount variety store.

Section 13: City Code Sec. 16-180.005 governing permitted principal uses and structures in the SPI-15 Lindbergh Transit Station Special Public Interest District) zoning district is hereby amended to add subparagraph (16) which shall read:

(16) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 14: That the "SPI-16 Table of Uses" in City Code Sec. 16-18P SPI-16 - Midtown Special Public Interest District is hereby amended to add a new row the beneath the "shelters" row which shall read:

Small Discount Variety Stores, provided that no small P P P discount variety store may be located within 5,280 feet of another small discount variety store.

Section 15: City Code Sec. 16-18Q.026 governing specific regulations for Subarea 2: Piedmont North in the SPI-17 (Piedmont Avenue Special Public Interest District) zoning district is hereby amended to add subparagraph (1)(b)(iv) which shall read:

(1)(b)(iv) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store. ion 16: That the "SPI-18 Mechanicsville - Use Table" in City Code Sec. 16-18R SPI-18 - Mechanicsville Neighborhood Special Public Interest District is hereby amended to add a new row the beneath the "Shelter" row which shall read:

Small Discount Variety Stores, provided that P P P** X X X P P P* P** no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 17: That the Retail Goods and Services section of the "SPI-20 Greenbriar - Permitted Uses" table in City Code Sec. 16-18T SPI-20 - Greenbriar Special Public Interest District is hereby amended to add a new row the beneath the "Sales and repair establishments" row which shall read:

Small Discount Variety Stores, provided that no small P P P P(8,000) X X discount variety store may be located within 5,280 feet of another small discount variety store.

Section 18: That the Retail Goods and Services section of the "SPI-21 Historic West End/Adair Park-Permitted Uses" table in City Code Sec. 16-18U SPI-21 - Historic West End/Adair Park Special Public Interest District is hereby amended to add a new row the beneath the "Sales and leasing agencies for new and used bicycles and mopeds" row which shall read:

Small Discount Variety Stores, provided that no small P P P P - discount variety store may be located within 5,280 feet of another small discount variety store.

Section 19: That the Commercial/Retail section of the "SPI-22 Memorial Drive/Oakland Cemetery: Use Table" in City Code Sec. 16-18V SPI-22 - Memorial Drive/Oakland Cemetery Special Public Interest District is hereby amended to add a new row the beneath the "Sales and repair establishments" row which shall read:

Small Discount Variety Stores, provided that no P P P P X X X P P P small discount variety store may be located within 5,280 feet of another small discount variety store, and that such establishment shall not exceed 10,000 sq. ft. if not within 200 feet of the right-of-way of an arterial or collector street. Section 20: City Code Sec. 16-19B.003 governing permitted principal uses and structures in the PD-MU (Planned Development - Mixed Use District) zoning district is hereby amended to add subparagraph (24) which shall read: (24) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store. Section 21: City Code Sec. 16-19C.003 governing permitted principal uses and structures in the PD-OC (Planned Development - Office-Commercial District) zoning district is hereby amended to add subparagraph (21) which shall read:

(21) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 22: City Code Sec. 16-20A.010 governing Neighborhood commercial/services in Subarea 4 of the Cabbagetown Landmark District zoning district is hereby amended at subparagraph (1)(3)(a)(3) which shall read:

(1)(3)(a)(3) Retail establishments provided that they do not exceed a maximum floor area of 5,000 square feet, and in the case of Small Discount Variety Stores, not to be located within 5,280 feet of another small discount variety store.

Section 23: City Code Sec. 16-20A.011 governing Transitional commercial in Subarea 5 of the Cabbagetown Landmark District zoning district is hereby amended to add subparagraph (3)(a)(7) which shall read:

(3)(a)(7) Small Discount Variety Stores, provided they do not exceed 10,000 square feet and provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 24: That the Non-Residential Uses section of "Table 1: Martin Luther King Jr. Landmark District Table of Uses" in City Code Sec. 16-20C - Martin Luther King Jr. Landmark District is hereby amended to add a new row the beneath the "shelter" row which shall read:

Small Discount Variety Stores, provided that no small X P* X P discount variety store may be located within 5,280 feet of another small discount variety store.

Section 25: City Code Sec. 16-20L.008 governing Specific Regulations for Subarea 3, Railroad Corridor Commercial and Industrial District, Subarea 3 of the Inman Park Historic District is hereby amended to add subparagraph (13)(w) which shall read:

(13)(w) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 26: City Code Sec. 16-20T.005 governing permitted uses and structures in the Pratt-Pullman Landmark District is hereby amended to add subparagraph (1)(a)(xi) which shall read:

(1)(a)(xi) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 27: City Code Sec. 16-20T.005 governing permitted uses and structures in the Pratt-Pullman Landmark District is hereby amended to add subparagraph (3)(d) which shall read: NIP

(P. (3)(d) Small Discount Variety Stores exceeding 10,000 square feet, provided that no ei•T4_ still discount variety store may be located within 5,280 feet of another small discount variety store.

Section 28: City Code Sec. 16-32.005 governing permitted principal uses and structures in the NC (Neighborhood Commercial District) zoning district is hereby amended to add subparagraph (7)(o) which shall read:

(7)(o) Small Discount Variety Stores up to 8,000 square feet, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 29: City Code Sec. 16-32.007 governing special permits in the NC (Neighborhood Commercial District) zoning district is hereby amended to add subparagraph (1)(m) which shall read:

(1)(m) Small Discount Variety Stores between 8,000 square feet and 12,000 square feet, provided that no small discount variety store may be located within 2,000 feet from any other retail establishment larger than 8,000 square feet as measured in a direct line between the closest point of the two buildings.

Section 30: City Code Sec. 16-33.004 governing permitted principal uses and structures in the LW (Live work District) zoning district is hereby amended to add subparagraph (2)(x) which shall read:

(2)(x) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 31: City Code Sec. 16-34.005 governing permitted principal uses and structures in the MRC (Mixed Residential Commercial District) zoning district is hereby amended to add subparagraph (34) which shall read:

(34) Small Discount Variety Stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

Section 32: That all ordinances or parts of ordinances in conflict with the terms of this ordinance are hereby waived to the extent of the conflict.