These regulations constitute the Intown South Commercial Corridor Overlay District. The scope of these regulations are as follows:

The existing zoning map and underlying zoning regulations governing all properties within Intown South Commercial Corridor Overlay District shall remain in full force and effect. The regulations contained within this chapter shall be overlaid upon, and shall be imposed in addition to, these existing zoning regulations. Whenever the following overlay regulations vary from the existing underlying zoning regulations, the regulations of this Chapter 42 shall apply.

(Ord. No. 2021-52(21-O-0306), § 1(Exh. A), 11-10-21)

The city finds that the Intown South area, containing NPUs S, T and V, and located within Atlanta City Council District 4, as a unique mix of residential neighborhoods, historic districts and structures, institutional uses and commercial corridors. Intown South is experiencing an over-proliferation of flea markets and convenience stores concentrated in economically depressed and blighted areas and contributing to the depression of these areas while simultaneously discouraging the development of more economically viable and diverse commercial activities. In establishing this overlay district, the city intends to anticipate, and restrict or encourage development, as may be appropriate, in a manner that: (i) is consistent with the comprehensive development plan; and (ii) provides for the continued existence of currently permitted and operating commercial activities which fit into the use categories regulated herein.

(Ord. No. 2021-52(21-O-0306), § 1(Exh. A), 11-10-21)

Convenience store. For purposes of this chapter, "convenience store" shall mean a small retail establishment stocked to sell primarily prepackaged food items, but may also sell alcoholic beverages, periodicals, and other household supplies to customers who purchase relatively few items per visit. This definition excludes service stations, convenience stores with at least one pump island, and small discount variety stores.

(Ord. No. 2021-52(21-O-0306), § 1(Exh. A), 11-10-21)

Prohibited uses. Flea markets, as defined in section 30-1461 of Atlanta City Code, and convenience stores are prohibited on all parcels having frontage along and adjacent to the specified commercial corridors within this district, including Cascade Avenue, Martin Luther King Jr. Drive, Northside Drive, W. Whitehall Street, Lee Street, Campbellton Road and Ralph David Abernathy Boulevard, as further denoted in the Intown South Commercial Corridor Overlay District map, incorporated herein.

(Ord. No. 2021-52(21-O-0306), § 1(Exh. A), 11-10-21)