The regulations set forth in this chapter, or set forth elsewhere in this part when referred to in this chapter, are the regulations in the C-3 Commercial Residential District.

(Code 1977, § 16-13.001)

The intent of this chapter in establishing C-3 Commercial Service District is as follows:

To provide for moderate- to high-intensity uses of a broad range in mixed use type development, generally in areas at major intersections or along roadways, through areas that presently are intensively developed or of regional significance.

(Code 1977, § 16-13.002)

A building or premises shall be used only for the following principal purposes:

(1)

Banks, savings and loan associations, and similar financial institutions.

(2)

Repealed.

(3)

Business or commercial schools.

(4)

Child care centers, kindergartens and special schools.

(5)

Churches, synagogues, temples, mosques and other religious worship facilities on lots of one acre or more.

(6)

Clubs and lodges.

(7)

Commercial greenhouses.

(8)

Commercial recreation establishments, including bowling alleys, theaters, convention halls, places of assembly, and similar uses, with primary activities conducted within fully enclosed buildings. Pool halls, billiard parlors and amusement arcades allowed only by special use permits.

(9)

Eating and drinking establishments, including those licensed for the on-premises consumption of malt beverages, wine and/or distilled spirits.

(10)

Repealed.

(11)

Repealed.

(12)

Repealed.

(13)

Hospitals.

(14)

Repealed.

(15)

Institutions of higher learning, including colleges and universities.

(16)

Laundry and dry cleaning, collection stations or plants; laundry and dry cleaning establishments where equipment is operated by customers.

(17)

Mortuary and funeral homes.

(18)

Multi-family dwellings, two-family dwellings and single-family dwellings.

(19)

Museums, galleries, auditoriums, libraries and similar cultural facilities.

(20)

New and used car sales, including other motorized vehicles such as mopeds and motorcycles.

(21)

Secured-storage facility except when any part of the property is within 500 feet of the beltline corridor as defined in City Code Section 16-36.007. An existing secured storage facility within 500 feet of the beltline corridor may be redeveloped at its existing floor area ratio and consistent with the requirements of this part.

(22)

Offices, clinics (including veterinary), laboratories, studios, and similar uses, but not blood donor stations except at hospitals. Veterinary clinics shall be located within soundproof buildings when located within 300 feet of any residential use.

(23)

Parking structures and lots.

(24)

Plumbing, air conditioning service and repair.

(25)

Printing shops.

(26)

Professional or personal service establishments, but not hiring halls.

(27)

Repair establishments for home appliances, bicycles, lawn mowers, shoes, clocks and similar devices.

(28)

Repair garages, paint and body shops.

(29)

Retail establishments, including catering establishments, delicatessens and bakeries with wholesale operations.

(30)

Vault-storage facility not exceeding 7,500 square feet of floor area.

(31)

Service stations, battery exchange stations and car washes, provided that no service station may be located within 1,500 feet of another service station.

(32)

Structures and uses required for operation of MARTA or a public utility but not including uses involving storage, train yards, warehousing, switching or maintenance shop as the primary purpose.

(33)

Tailoring, custom dressmaking, millinery and similar establishments.

(34)

Adult businesses as defined in section 16-29.001(3). See also section 16-28.016.

(35)

Supportive housing.

(36)

Urban gardens.

(37)

Market gardens.

(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.

(39)

Short-term rentals, subject to the regulations in Atlanta City Code section 20-1001.

(40)

Vape shop provided that no vape shop may be located within 1,000 feet of another vape shop, nor may a vape shop be located within 1,000 feet of any elementary or secondary schools, child care nurseries, day care centers, prekindergartens, kindergartens, play and other special schools or day care facilities for young children.

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.

(Code 1977, § 16-13.003; Ord. No. 2004-53, § 16A, 8-20-04; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2005-41(06-O-0381), § 13, 7-12-05; Ord. No. 2009-24(08-O-1251), § 2F, 6-9-09; Ord. No. 2009-61(09-O-1076), §§ 2(3), 3(2), 10-13-09; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2014-22(14-O-1092), § 2-P, 6-11-14; Ord. No. 2017-68(17-O-1159), § 3, 11-29-17; Ord. No. 2019-20(18-O-1679), § 3, 3-13-19; Ord. No. 2019-66(19-O-1504), § 4, 12-11-19; Ord. No. 2021-60(21-O-0682), § 17, 12-15-21; Ord. No. 2025-26 (25-O-1098), § 5, 7-7-25)

Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, to include devices for generation of energy such as solar panels, wind generators and similar devices including electric vehicle charging stations equipped with Level 1 Level 2 and/or DC Fast Charge EVSE, except as otherwise herein provided, no merchandise shall be stored other than that to be sold at retail on the premises; and no storage for such merchandise shall occupy more than 25 percent of the total floor areas on the premises. No off-premises storage of such merchandise shall be permitted in the district as either a principal or accessory use.

(Code 1977, § 16-13.004; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14)

The following uses are permissible only by special permits of the kind indicated, subject to limitations and requirements set forth herein or elsewhere in this part:

(1)

Special use permits:

(a)

Helicopter landing facilities or pickup or delivery stations.

(b)

Outdoor amusement enterprises, exhibits, entertainments, meetings, displays, or sales area, or outdoor areas for religious ceremonies of 90 days' or more duration.

(c)

Poolrooms, billiard parlors, amusement arcades.

(d)

Nursing homes, assisted living facilities, rehabilitation centers and personal care homes.

(e)

Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications greater than 70 feet in height, except 1) alternative design mounting structures and 2) new or additional uses of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k).

(f)

Dormitories, fraternity houses and sorority houses, officially affiliated with an accredited college, university or private school and only for the time period that such affiliation is in effect, such that loss of affiliation shall result in the loss of permission for the use.

(g)

Hotels and motels.

(h)

Single room occupancy residence.

(i)

Truck stops: Provided that no truck stop shall be located within 1,000 feet of any other truck stop nor within 1,000 feet of any public or private school, any public or private park or recreation facility, any public or private hospital or mental health care facility, any church or similar place of religious worship, any cemetery, any child care or day care facility or any residential districts.

(j)

Bingo parlors.

(k)

Roominghouses.

(l)

Shelter.

(m)

Park, playgrounds, stadiums, soccer, baseball, football or other athletic fields, golf courses, sports arena, and community centers.

(2)

Special administrative permits:

(a)

Outdoor amusement enterprises, exhibits, entertainments, meetings, displays or sales areas, or outdoor areas for religious ceremonies of less than 90 days' duration.

(b)

Zero-lot-line development (see section 16-28.011(6)).

(c)

Farmers' markets.

(d)

Broadcasting towers and line-of-site relay devices for telephonic, radio or television communications 70 feet or less in height, alternative design mounting structures, and new or additional uses of existing structures as contemplated by section 16-25.002(3)(i)(iv)(k).

(e)

Whenever an application for such a permit is made, the director of the bureau of planning shall provide prior notification to the pertinent district councilmember and at-large councilmembers.

(f)

Reduction of parking requirements may be permitted by the director of the office of zoning and development subject to a shared parking arrangement under the following criteria:

i.

The arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access;

ii.

All shared parking spaces shall be clearly marked; and

iii.

An applicant shall submit the following information as part of the application to reduce parking requirements and avoid conflicting parking demands:

a.

A to-scale map indicating location of proposed parking spaces;

b.

Hours of business operation of nonresidential parking users;

c.

Written consent of property owners agreeing to the shared parking arrangement; and

d.

Copies of parking leases. Renewed leases shall be filed with the bureau of planning. Lapse of a required lease agreement shall terminate the special administrative permit for shared parking.

(g)

Party house provided that the use shall be prohibited within 150 feet of a property zoned R-1, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-4B, R-5, RG, MR or a property used for residential purposes measured from property line to property line.

(3)

Special exceptions:

(a)

Churches, synagogues, temples, mosques and other religious worship facilities on lots of less than one acre.

(b)

Off-street parking within 500 feet of primary use.

(Code 1977, § 16-13.005; Ord. No. 1993-54, § 1, 12-13-93; Ord. No. 1995-02, § 1, 1-11-95; Ord. No. 1996-19, § 1, 5-13-96; Ord. No. 1997-06, § 4, 2-10-97; Ord. No. 1997-65, § 1, 11-10-97; Ord. No. 2001-96, §§ XXX, XXXI, 12-12-01; Ord. No. 2004-53, §§ 16B, 16C, 8-20-04; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2008-62(06-O-0038), §§ 4D(1), 5H(1), 5G(1), 6D, 7-7-08; Ord. No. 2009-24(08-O-1251), § 2F(1), 6-9-09; Ord. No. 2011-39(10-O-1773), § 3P, 9-15-11; Ord. No. 2016-26(16-O-1158), § 3, 9-15-16; Ord. No. 2019-09(18-O-1581), § 7.D, 1-31-19; Ord. No. 2019-53(19-O-1379), § 1, 10-16-19; Ord. No. 2020-58(19-O-1393), § 5, 10-28-20)

(1)

Transitional use: Where a lot in this district abuts a lot in any R-1 through R-G district at the side along the same street frontage, and without an intervening street, the first lot within this district, or the first 100 feet of such lot, if it is wider than 100 feet, shall not be used for any secured-storage facility, drive-in facility, car wash, service station, mortuary or funeral home, sales lot for automobiles, repair garage, or paint or body shop.

(2)

Transitional height planes.

(a)

No portion of any structure shall protrude through a height limiting plane beginning the specified number of feet above the point set forth in subsection 16-13.006(2)(b) below and extending inward over the C-3 district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-13.006(5):

i.

R-1 through R-5;

ii.

RG-1 and RG-2;

iii.

MR-1, MR-2, and MR-MU; and

iv.

Landmark, Historic, PD, and SPI districts and district subareas having uses and densities predominantly similar to those permitted in the district classifications listed in subsections (i) through (iii) above.

(b)

Proximity to districts and measurement applications:

i.

For parcels in a C-3 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required C-3 setback or transitional yard adjoining the common property line with such protected district.

ii.

For parcels in a C-3 district that are not contiguous to but are within 150 feet of a protected district, the transitional height plane shall be measured beginning 15 feet above the nearest lot line of the protected district, provided this transitional height plane shall not extend more than 150 linear feet (measured along the ground) from the protected district up to and into the C-3 district. (See diagrams at section 16-29.001(62).)

(c)

The purpose and intent of this provision is to provide protection for the named protected districts from nearby looming structures regardless of the presence of an intervening public right-of-way or park or space, public or private street or alley, or any lot or parcel remnant.

(d)

Transitional height plane measurements shall be applied to parcels on a point-by-point basis and not average grade.

(3)

Transitional yards:

(a)

Side yard: Adjacent to an R district without an intervening street, 20 feet is required which shall not be used for the purpose of parking, paving, loading, servicing or storage activity and shall be planted and/or maintained in a natural state.

(b)

Rear yard: There shall be a rear yard of 30 feet or ten percent of the depth of the lot; such rear yard, however, shall not exceed 50 feet. Said yard shall not be paved or used for parking, loading or servicing, but shall be left in an undisturbed state except where additional planting or screening shall be required.

(1)

Lots of 200-foot depth or less shall provide a rear yard of 20 feet.

(2)

Lots in excess of 200-foot depth shall provide a rear yard of ten percent of the depth of the lot but not more than 50 feet.

(3)

Said rear yard shall be left in an undisturbed state, except where additional planting or fencing is required.

(c)

Screening: Where a lot in this district abuts a lot in an R-1 through R-G district on the rear or side yard lot line without an intervening street, opaque fencing or screening not less than six feet in height shall be provided and maintained in sightly condition. See section 16-28.008(9).

(Code 1977, § 16-13.006; Ord. No. 2009-61(09-O-1076), § 3(3), 10-13-09; Ord. No. 2019-09(18-O-1581), § 10.5, 1-31-19)

(1)

Bulk Limitations:

(a)

For nonresidential uses, floor area shall not exceed an amount equal to five times net lot area.

(b)

For residential uses, floor area shall not exceed an amount equal to 3.2 times gross lot area as indicated on table I, "Land Use Intensity Ratios" (see section 16-08.007).

(c)

For mixed use (see section 16-29.001(23)), floor area shall not exceed the sum of nonresidential (a) and residential (b) above, but in no event greater than the maximum ratios permitted for each.

(2)

Minimum open space requirements:

(a)

For exclusively residential uses, appropriate open space requirements as indicated on table I, "Land Use Intensity Ratios," shall be required for both total open space (TOSR) and useable open space (UOSR).

(b)

For mixed use developments, appropriate open space requirements as indicated on table I, "Land Use Intensity Ratios," shall require the useable open space (UOSR) only.

(3)

Minimum yard requirements:

(a)

Front yard setback: Ten-foot minimum.

(b)

Side or rear: None, except as provided in section 16-13.006 above.

(c)

Side street side: On corner lots there shall be a setback along the side street side of not less than one-half the required depth of the front yard.

(4)

No fixed minimum lot widths or areas are established for these districts, but lot dimensions shall be sufficient to meet other requirements set forth herein.

(Code 1977, § 16-13.007; Ord. No. 1999-53, § 3, 6-16-99)

No building shall exceed a height of 225 feet (see section 16-28.022).

(Code 1977, § 16-13.008)

The following parking requirements shall apply to all uses approved by special permit as well as permitted uses (see section 16-28.014 and also section 16-28.015 for loading requirements):

(1)

Schools, colleges, churches, recreation or community centers and other places of assembly: One space for each four fixed seats (with 18 inches of bench length counted as one seat) or one space for each 35 square feet of enclosed floor area for the accommodation of movable seats in the largest assembly room, whichever is greater, plus the following:

(a)

Public or private elementary or middle school: Two spaces for each classroom.

(b)

High school: Four spaces for each classroom.

(c)

Colleges and universities: Eight spaces for each classroom.

(2)

Nursing homes, convalescent homes, and similar care facilities: One space per four beds.

(3)

Child care centers, day care centers, prekindergartens, kindergartens, play and other special schools or day care centers for young children: One space per 600 square feet of floor area. In addition to providing off-street parking, such establishments shall provide safe and convenient facilities for loading and unloading children, as approved by the director, bureau of traffic and transportation.

(4)

Dwellings and lodgings: Off-street parking requirements shall be as follows: See section 16-08.007, table I, for applicable ratios according to the appropriate floor area ratio.

(5)

Banks, savings and loan institutions, and the like: One space for each 200 square feet of floor area.

(6)

Business colleges, trade schools, conservatories, dancing schools, and the like: One space for each 200 square feet of floor area.

(7)

Dormitories, fraternity houses and sorority houses. One space for two beds plus one space for each 200 square feet of floor area designated or occupied other than for sleeping purposes.

(8)

Clubs, lodges: One space for each 200 square feet of floor area.

(9)

Printing shops: One space for each 200 square feet of floor area.

(10)

Plumbing, tinsmithing, or cabinet shops, general service or repair establishment: One space for each 200 square feet of floor area.

(11)

Repair garages, paint and body shops: One space for each 200 square feet of floor area.

(12)

Car washes: See section 16-28.021.

(13)

Drive-in establishments: See section 16-28.021.

(14)

Hotels and motels: One space per rental unit plus one-half space per employee; one space per 100 square feet of restaurant/lounge gross leasable area; one space per 300 square feet of other convention facilities (GLA).

(15)

Eating and drinking establishments: One space for each 100 square feet of floor area. Where an eating and drinking establishment derives more than 60 percent of its gross income from the sale of malt beverages, wine and/or distilled spirits, it shall be required to have one space for each 75 square feet of floor area. Floor area shall include, in addition to those areas defined in section 16-29.001(13)(b), areas within the existing building footprint where walls have been removed and a permanent roof remains.

(16)

Other uses: One space for each 300 square feet of floor area.

(17)

Single room occupancy residences: One space for each two dwelling units plus one space for each employee.

(18)

Accessory outdoor dining: Limited to 25 percent of the total gross floor area of the building or business with no parking requirements: over 25 percent must provide one space per 200 s.f. of the total accessory outdoor dining area including the 25 percent non-exempt floor area. Where an establishment derives more than 60 percent of its gross income from the sale of malt beverages, wine or distilled spirits, it shall be required to have one space for each 150 s.f. of the total accessory outdoor dining area including the 25 percent non-exempt floor area.

(19)

Shelter: One parking space for each on duty staff member, whether paid or unpaid. In addition to staff parking, a space of sufficient size is required for each van, bus or other vehicle used by the facility and one additional parking space shall be provided for each 2,000 square feet of the facility.

(20)

Secured-storage facilities: One space per 50 individual units/compartments plus one space for each employee on the peak working shift.

(Code 1977, § 16-13.009; Ord. No. 1996-59, § 3, 8-26-96; Ord. No. 2002-26, § 6, 3-14-02; Ord. No. 2005-41(06-O-0381), §§ 14, 15, 7-12-05; Ord. No. 2008-62(06-O-0038), §§ 4D(2), 6D(1), 7-7-08; Ord. No. 2009-24(08-O-1251), § 2F(2), 6-9-09; Ord. No. 2009-61(09-O-1076), § 3(4), 10-13-09)

(1)

Public sidewalks shall be located along all public streets and shall consist of two zones: an amenity zone and a walk zone.

(2)

Amenity zone requirements: The amenity zone shall be located immediately adjacent to the curb. Width shall be measured from back (building side) of curb to the walk zone. Minimum width shall be five feet. This zone is reserved for the placement of street trees and street furniture including utility and light poles, public art, waste receptacles, fire hydrants, traffic signs, traffic control boxes, newspaper boxes, transit shelters and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. Such elements, where installed, shall be of a type specified by the director in accordance with uniform design standards for placement of such objects in the public right-of-way.

(3)

Walk zone requirements: The walk zone shall be located immediately contiguous to the amenity zone and shall be a continuous hardscape for a minimum width of 10 feet for arterial and collector streets and six feet for all other streets. Said zones shall contain a consistent cross-slope not exceeding two percent. No fixed elements, including pole mounted signage, traffic control boxes or other utility structures, shall be placed above ground in the walk zone for a minimum height of eight feet.

(4)

Paving: All sidewalk paving shall be of a type specified in accordance with uniform design standards for placement of such objects in the public right-of-way. Any existing decorative hardscape treatment of sidewalks, including amenity zone and sidewalk walk zone areas, shall be retained as part of any new development or replaced with materials that match in size, shape, and color.

(5)

Street tree planting requirements: Street trees are required and shall be planted in the ground within the amenity zone and spaced equidistance and on-center between street lights a maximum of 40 feet apart. All newly planted trees shall be single-stemmed at a minimum of three inches in caliper (measured 36 inches above ground), shall be a minimum of 12 feet in height at the time of planting and shall be limbed up to a minimum height of seven feet. Trees shall be planted with a minimum of 40 square feet of evergreen ground cover such as mondo grass or liriope spicata. All tree plantings, replacement and removal shall be approved by the city arborist.

(6)

Pedestrian and street lights shall be placed equidistant and on-center between required street trees within the amenity zone.

(7)

Where property within the district abuts an R district without an intervening street, the sidewalk area within 20 feet of such districts shall taper when necessary to provide a smooth transition to the existing R districts sidewalk. In the event that the abutting R district has no existing sidewalk the sidewalk shall taper to a width of six feet, measured from the street curb, or as approved by the Director of the Office of Zoning and Development.

(8)

Adjustments to the sidewalk requirements may be permitted by the Director of the Office of Zoning and Development upon a finding that one or more of the site conditions set forth in subsections (8)(a) through (8)(f) below are present on the site. The applicant requesting the adjustment must provide documentation establishing the presence of the site condition(s) relied upon. If the adjustment results in the waiver of the sidewalk requirement on the site, the applicant shall construct sidewalks of equal or greater length along adjoining streets in a specific location approved by the director.

a.

Trees exist within the proposed sidewalk zone having a diameter at breast height (DBH) of six inches or more;

b.

Topographic conditions exist that would locate the proposed sidewalk walk zone 12 or more inches above or below the top surface of the finished curb;

c.

Topographic conditions exist that would prevent driveway access to the property upon completion of the proposed sidewalk;

d.

Physical conditions exist such as existing structures, existing utility devices, or rock outcroppings that obstruct the installation of the proposed sidewalk;

e.

The existence of an overlay zoning district pursuant to chapter 20 of part 16, an Overlay SPI District, or the BeltLine Overlay District; or

f.

Sidewalk improvements for the proposed sidewalk zone that are planned, approved, and publicly-funded by the City of Atlanta.

(Ord. No. 2018-11(18-O-1023), § 12.J, 5-16-18)