The regulations set forth in this chapter, or set forth elsewhere in this part, when referred to in this chapter, are the regulations for the Chapter 32N. NC-15 Westview Neighborhood Commercial District. The general NC district regulations (Section 16-32.001 et seq.) shall also apply to this NC-15 district. Where conflicts arise, the specific NC-15 regulations shall govern.

(Ord. No. 2016-45(16-O-1280), § 1, 12-14-16)

1.

Permitted principal uses.

a.

Automobile service stations provided that the number of automobile service stations within the district shall not exceed two provided that they are separated from another parcel with the same permitted use by a minimum horizontal distance of 1,000 linear feet, measured from property line to property line.

b.

Tattoo and/or body piercing establishments provided that the number of tattoo and/or body piercing establishments shall not exceed two.

c.

Parking decks and surface parking lots that serve primary uses within the district if available to the general public at no cost. Park-for-hire parking decks and lots are prohibited.

d.

Retail establishments shall not exceed 5,000 square feet except where permitted by special use permit.

e.

Grocery stores shall not exceed 8,000 square feet except where permitted by special use permit.

f.

Museums, art galleries, libraries, and similar profit or non-profit cultural facilities shall not exceed 5,000 square feet except where permitted by special use permit.

g.

The number of hair salons, barber shops, beauty supply, beauty school, and nail salons shall not exceed five.

h.

The number of dry cleaning establishments shall not exceed one.

i.

Professional offices, studios, and clinics (including veterinary if animals are kept within soundproofed building) shall not exceed 12,000 square feet.

j.

Churches, synagogues, temples, mosques and other religious worship facilities shall not exceed 8,000 square feet except where permitted by special use permit.

k.

Childcare centers, kindergartens and special schools shall not exceed 5,000 square feet except where permitted by special use permit issued.

l.

Package stores within the district provided that they are separated from another parcel with the same permitted use by a minimum horizontal distance of 1,500 linear feet, measured from property line to property line.

No use or manner of operation shall be permitted which is obnoxious or offensive by reason of odor, smoke, noise, glare, fumes, gas, vibration, unusual danger of fire or explosion, emission of particulate matter, or interference with radio or television communication, or is otherwise incompatible with the character of the district and its relation to adjoining districts.

2.

Hours and manner of operation for certain primary and accessory uses.

a.

Commercial recreation establishments, including theaters and other similar places of assembly shall only be conducted within enclosed buildings and shall not operate between the hours of 2:00 a.m. to 7:00 a.m.

b.

Eating and drinking establishments shall be permitted to operate until 12:00 midnight on Sunday through Thursday and until 2:00 a.m. on Saturday and Sunday morning and until 2:00 a.m. on the date of January 1 on whatever day of the week it shall occur unless the hours are extended as set forth herein.

c.

Outdoor speakers and amplified music outside enclosed permanent structures shall be prohibited.

d.

Live amplified music shall be prohibited.

e.

The collection of refuse or garbage shall not occur between the hours of 9:00 p.m. and 7:00 a.m.

f.

Clubs and lodges shall not operate between the hours of 2:00 a.m. to 7:00 a.m.

3.

Prohibited uses. Notwithstanding anything to the contrary in section 16-32.001 et seq., the following uses shall be prohibited:

a.

Eating and drinking establishments meeting the definition of "nightclub" set forth in chapter 10 of the Code of Ordinances (alcoholic beverages).

b.

Park-for-hire surface parking lots

c.

Grocery stores greater than 15,000 square feet.

d.

Telecommunication switchboards, power generators and other telecommunications relay equipment and rooms or floors housing them.

e.

Any establishment offering check cashing services pursuant to a license issued pursuant to Article 4A of Chapter 7 of the Official Code of Georgia or loan money to the public except for any state or federally chartered bank, trust company, credit union, savings and loan association, or savings bank with deposits that are federally insured.

f.

Pawn shops.

g.

Storage facilities.

h.

Adult businesses.

4.

Special use permits. The following uses are permissible only by special use permit subject to limitations and requirements set forth herein or elsewhere in this part, subject to the procedures and requirements set forth in section 16-25.003.

a.

Clubs and lodges.

b.

Hotels

c.

Museums, art galleries, libraries, and similar profit or non-profit cultural facilities exceeding 5,000 square feet.

d.

Churches, synagogues, temples, mosques and other religious worship facilities exceeding 8,000 square feet,

e.

Grocery stores greater than 8,000 square feet and less than 15,000 square feet.

f.

Retail establishments greater than 5,000 square feet.

g.

Commercial recreation uses including bowling alleys, poolrooms, billiard parlors, amusement arcades and game rooms.

5.

Variations by special administrative permit. The following variations may be granted by way of special administrative permit subject to the procedures and requirements set forth in Section 16-18.007:

a.

Street tree requirements.

b.

Street furniture and tree planting zone.

c.

Sidewalk and Supplemental Zone. Encroachment of outdoor dining into sidewalk clear zone provided the following criteria are met:

i.

Shall have an unobstructed sidewalk width of a minimum of six feet along Cascade Road and four feet along all other streets. Said outdoor dining area shall also not be located within five feet of a pedestrian crosswalk, handicap ramp, taxi stand, fire hydrant. FDC (Fire Department Connection) equipment on building façades, and within eight feet of driveways, and within 15 feet of transit stops or transit shelters. In areas of congested pedestrian activity and or pedestrian safety concerns, the director is authorized to require a wider pedestrian path, as circumstances dictate.

ii.

No permanent structure or ornamentation shall be located within the area where encroachment is permitted.

iii.

The outdoor dining area shall be visually delineated on the sidewalk with pavers or in an alternative manner, as approved by the director of the office of planning, which may include movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including any plant material. Tables, chairs, umbrellas, and any other furniture shall not extend outside of the designated dining area.

iv.

At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter.

d.

Loading.

e.

Rooftop dining.

i.

Outdoor rooftop dining and outdoor amplified music shall not be permitted within 50 feet of any R-1 through R-5 district.

6.

Minimum off-street parking requirements.

a.

See minimum parking requirements below for the permitted uses in this NC district.

7.

Height requirements. Maximum height within the district shall be three stories or 42 feet, whichever is less.

8.

Dumpsters, bulk storage containers and other loading areas. In addition to the general NC district requirements of section 16-32.018, the following additional restrictions for dumpsters, bulk storage containers and other loading areas shall apply:

a.

Shall be paved with impervious materials.

b.

Shall be enclosed with a self-closing opaque gate and opaque walls or fencing. Said gate, walls and fencing shall be a minimum of twelve (12) inches higher than the dumpster receptacle. The maximum combined height of a dumpster and screening walls or fencing shall be seven (7) feet.

9.

Building mechanical and accessory features. In addition to the general NC district requirements of section 16-32.018, the following additional restrictions shall apply for building mechanical and accessory features:

a.

When not located on rooftops and visible from the right-of-way shall be screened with landscaping consisting of a continuous hedge of evergreen shrubs, which shall be a minimum height of three (3) feet at time of planting and shall be maintained by the property owner.

b.

When located on rooftops shall be placed at least ten (10) feet from the primary street front edge of the rooftop.

10.

Security materials. Burglar bars, steel gates, and steel-roll down doors or shutters are prohibited on the exterior of a structure when visible from any public or private street. Interior security burglar bars, steel gates and roll down doors shall allow 80 percent visibility into the tenant space and shall be fully retractable during business hours of operation. On vacant buildings or business establishments not possessing a valid business license, burglar bars, steel gates, and steel-roll down doors or shutters not in conformance with this requirement shall be removed within 90 days of the passage of this ordinance or the occurrence of vacancy thereafter.

(Ord. No. 2016-45(16-O-1280), § 1, 12-14-16)