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Download Ordinance 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 VARIETY STORE; 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 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; and WHEREAS, cities, nonprofit groups, and universities across the United States 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 shopping 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.
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