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-4 Central Area Commercial Residential District.

(Code 1977, § 16-14.001)

The intent of this chapter in establishing the C-4 Central Area Commercial Residential District is as follows:

(1)

To provide supporting service functions for those high-intensity modes of mixed-use development in the central area at moderate intensities.

(2)

To provide areas for the development of commercial structures, highrise apartments and office buildings.

(3)

To provide for the development of high-density employment centers in areas where adequate transportation facilities are available.

(Code 1977, § 16-14.002)

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

(1)

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

(2)

Broadcasting towers, line-of-sight relay devices for telephonic, radio or television communications when located 200 feet or more from any off-site residential districts or residential use not located within an industrial district, and when such towers or devices are greater than 200 feet in height, when located a distance which is less than or equal to the height of the tower or device from a residential district or residential use which is not in an industrial district.

(3)

Business or commercial schools.

(4)

Child care centers, kindergartens and special schools.

(5)

Churches, synagogues, temples, mosques and other religious worship facilities.

(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.

(9)

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

(10)

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.

(11)

Repealed.

(12)

Repealed.

(13)

Hospitals.

(14)

Hotels and motels.

(15)

Institutions of higher learning, including colleges and universities.

(16)

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

(17)

Mortuary and funeral homes.

(18)

Multi-family dwellings.

(19)

Museums, galleries, auditoriums, libraries and similar facilities.

(20)

Repealed.

(21)

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.

(22)

Parking structures and surface parking lots with fewer than 30 parking spaces.

(23)

Plumbing, air-conditioning service and repair.

(24)

Printing or blueprinting shops.

(25)

Professional or personal service establishments.

(26)

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

(27)

Repair garages, paint and body shops.

(28)

Retail establishments, including catering establishments, delicatessens and bakeries with wholesale operations limited to no more than 7,500 square feet in area.

(29)

Sales and leasing agencies for new and used passenger automobiles, bicycles, mopeds, and commercial vehicles not exceeding one ton in rated capacity.

(30)

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

(31)

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

(32)

Tailoring, custom dressmaking, millinery.

(33)

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

(34)

Single room occupancy residence.

(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 reception, or is otherwise incompatible with the character of the district or its relation to adjoining residential districts.

(Code 1977, § 16-14.003; Ord. No. 1995-69, § 1, 11-13-95; Ord. No. 2004-53, § 17A, 8-20-04; Ord. No. 2005-21, §§ 1, 2, 3-25-05; Ord. No. 2005-41(06-O-0381), § 16, 7-12-05; Ord. No. 2008-62(06-O-0038), §§ 4E, 5H, 7-7-08; Ord. No. 2009-24(08-O-1251), § 2G, 6-9-09; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14; Ord. No. 2014-22(14-O-1092), § 2-Q, 6-11-14; Ord. No. 2019-20(18-O-1679), § 4, 3-13-19; Ord. No. 2019-66(19-O-1504), § 5, 12-11-19; Ord. No. 2021-60(21-O-0682), § 18, 12-15-21; Ord. No. 2025-26 (25-O-1098), § 6, 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, § 16-14.004; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14)

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

(1)

Special use permits:

(a)

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

(b)

Helicopter landing facilities or pickup or delivery stations.

(c)

Blood donor stations except at a hospital.

(d)

Hiring halls.

(e)

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

(f)

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.

(g)

Bingo parlors.

(h)

Broadcasting towers, line-of-sight relay devices for telephonic, radio or television communications when located 200 feet of any off-site residential districts or residential use not located within an industrial district, and when such towers or devices are greater than 200 feet in height, when located a distance which is less than or equal to the height of the tower or device from a residential district or residential use which is not in an industrial district in accordance with the provisions of sections 16-25.002 and 16-25.003.

(i)

Shelter.

(j)

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

(k)

Roominghouses.

(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)

Parking structures and surface parking lots with a total of 30 or more parking spaces in accordance with the provisions of sections 16-14.011 and 16-14.012.

(d)

New or additional uses of existing broadcasting towers and line-of-sight relay devices for telephonic, radio, or television communications that are required to get a special use permit as contemplated by section 16-14.005(1)(h).

(e)

Personal care homes.

(f)

Farmers' markets.

(g)

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;

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.

(h)

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: None.

(Code 1977, § 16-14.005; Ord. No. 1993-54, § 1, 12-13-93; Ord. No. 1995-02, § 1, 1-11-95; Ord. No. 1995-69, § 2, 11-13-95; Ord. No. 1996-19, § 2, 5-13-96; Ord. No. 2001-96, § XXXII, 12-12-01; Ord. No. 2004-53, §§ 17B, 17C, 8-20-04; Ord. No. 2008-62(06-O-0038), § 6E, 7-7-08; Ord. No. 2009-24(08-O-1251), § 2G(2), 6-9-09; Ord. No. 2011-39(10-O-1773), § 3Q, 9-15-11; Ord. No. 2016-26(16-O-1158), § 4, 9-15-16; Ord. No. 2019-09(18-O-1581), § 7.E, 1-31-19; Ord. No. 2019-53(19-O-1379), § 2, 10-16-19; Ord. No. 2020-58(19-O-1393), § 6, 10-28-20)

(1)

Adjoining lot in same frontage: 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 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 16-14.006(2)(b) below and extending inward over the C-4 district at an angle of 45 degrees. The following districts shall be considered "protected districts" for purposes of this section 16-14.006(2):

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-4 district that are contiguous to a protected district, the transitional height plane shall be measured beginning 35 feet above the required C-4 setback or transitional yard adjoining the common property line with such protected district.

ii.

For parcels in a C-4 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-4 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 20 feet adjacent to an R district that shall not be used for parking or paving or for the purpose of parking, loading or servicing.

(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, § 16-14.006; Ord. No. 2019-09(18-O-1581), § 10.6, 1-31-19)

(1)

Bulk limitations:

(a)

For nonresidential uses, floor area shall not exceed an amount equal to seven 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)

Maximum building coverage: 80 percent of the net lot area.

(3)

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.

(4)

Front yard setback: Ten-foot minimum.

(Code 1977, § 16-14.007; Ord. No. 1999-53, § 4, 6-16-99)

None, except as required in section 16-14.006, transitional uses and structures.

(Code 1977, § 16-14.008)

(a)

For nonresidential uses: One parking space for each 600 square feet of floor area shall be provided on the site. The required parking spaces may be provided off site within 600 feet of the principal use when approved by special administrative permit by the director, bureau of planning. See section 16-28.015 and section 16-14.005(2)(c). Floor area shall include for eating and drinking establishments area within the existing building footprint where walls have been removed and a permanent roof remains.

(b)

For residential uses: See table I, "Land Use Intensity Ratios," for parking requirements under appropriate FAR for the development.

(c)

For single room occupancy residences: One parking space for each four dwelling units, plus one space for each employee, shall be provided on the site.

(d)

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 1200 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 and/or distilled spirits, it shall be required to have one space for each 900 s.f. of the total accessory outdoor dining area including the 25 percent non-exempt floor area.

(e)

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.

(Code 1977, § 16-14.009; Ord. No. 1996-59, § 4, 8-26-96; Ord. No. 2002-26, § 7, 3-14-02; Ord. No. 2005-41(06-O-0381), § 17, 7-12-05; Ord. No. 2008-62(06-O-0038), § 6E(1), 7-7-08; Ord. No. 2009-24(08-O-1251), § 2G(3), 6-9-09)

(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.K, 5-16-18)

All surface parking lots and structures with a total of 30 or more parking spaces, whether primary or accessory in use and whether commercial or noncommercial, shall have minimum requirements as follows:

(1)

A parking attendant shall be present during all hours of operation at any parking-for-hire parking facility with 200 or more parking spaces. An attendant will not be required if a card operated security gate is provided or if less than 50 percent of the lot is being utilized.

(2)

Whenever parking rates are increased in connection with a special event, an attendant shall be present during a period beginning one hour before and ending one hour after said event.

(3)

Lighting shall be provided throughout all parking facilities to equal a minimum of one-half footcandle of light. A footcandle of light is a uniformly distributed flux of one lumen on a surface of one square foot in area. Where applicable, public street lighting may be utilized to either partially or totally fulfill the lighting requirements; however, where such street lighting is removed, it shall be the responsibility of the parking facility to independently provide these required levels of illumination.

(4)

Parking facilities shall be maintained in a clean, safe, sanitary and attractive condition. Parking spaces and driving lanes shall be clearly defined and maintained as such. Parking lots shall not be operated when any damage impairs the drivability of the parking lot.

(5)

Identifying signage shall be located at the primary entrance to all park-for-hire facilities. Such signage shall consist of one 24-inch by 24-inch upper sign which shall be located directly above one 12-inch-high by 24-inch-wide lower sign. Such signage shall be located at a minimum of seven feet above ground level and shall be displayed such that both sign faces are visible from the street. The upper sign shall display a capital "P" which shall be a minimum of 18 inches in height. The lower sign shall display the address of the parking facility with lettering which shall be a minimum of six inches in height. The upper and lower signs may be constructed as one sign that shall be 36 inches in height and 24 inches in width. Sign faces shall be dark blue with white letters in a helvetica medium type face. All lettering shall be clearly legible from the street.

(6)

Parking facilities operating before the effective date of this section shall have 24 months to comply herewith.

(Code 1977, § 16-14.011)

All surface parking lots with a total of 30 or more parking spaces, whether primary or accessory in use and whether commercial or noncommercial, shall have minimum barrier curb and landscaping requirements as follows:

(1)

Barrier curbs shall be installed around the perimeter of the parking lot and around landscaped areas that are required herein, except where the perimeter abuts an adjacent building or structure and at points of ingress and egress into the facility, so as to prevent encroachment of vehicles onto adjacent property, rights-of-way and landscape areas.

(2)

Barrier curbs shall be a minimum of six inches in height and a minimum of eight inches in width and permanent in nature. Barrier curbs shall be concrete or stone. Such curbs shall be securely installed and maintained in good condition.

(3)

Where the end of a parking space abuts a landscaped area, barrier curbs may be placed in the parking space at a maximum of two feet from the end of the parking space. This two-foot-wide area may have the pavement removed, and be developed as part of the required landscaped area.

(4)

Surface parking lots shall have a minimum landscaped area equal to at least ten percent of the paved area within said lot. In no case shall a parking lot owner be required to provide landscaped areas that exceed ten percent of the paved area.

(5)

A minimum of one tree per eight parking spaces shall be included in the required landscaped areas. For the purposes of satisfying this requirement, existing trees that are two and one-half inches or more in caliper as measured at a height 36 inches above ground level, shall be considered to be equivalent to one or more newly planted trees on the basis of one tree for each two and one-half inches in caliper.

(6)

In addition to trees, ground cover shall be provided in order to protect tree roots and to prevent erosion. Ground cover shall consist of shrubs, ivy, liriope, pine bark mulch, and other similar landscaping materials.

(7)

Shrubs shall be maintained at a maximum height of two and one-half feet, except where such shrubs are screening the parking surface from an adjacent residential use.

(8)

In the event that landscaped areas are in the interior of a parking lot they shall be a minimum of six feet in width and six feet in length with a minimum area of 36 square feet.

(9)

Continuous landscaped buffer strips shall be constructed along sidewalks and public rights-of-way where surface parking lots are adjacent to such sidewalks or public rights-of-way, except at points of ingress and egress into the facility. Such landscaped buffer strips shall be a minimum of five feet in width and shall contain, in addition to ground cover, trees planted a maximum of 42.5 feet on center along the entire length.

(10)

Newly planted trees shall be a minimum of two and one-half inches in caliper as measured at a height six inches above ground level; shall be a minimum of ten feet in height; shall have a 40-foot minimum mature height and shall be drought-tolerant. Trees shall be planted a minimum of 30 inches from any barrier curb, so as to prevent injury to trees from vehicle bumpers.

(11)

Where landscaped areas are located adjacent to vehicle overhangs, the trees shall be planted in line with the side stripes between parking spaces in order to avoid injury to trees by vehicle bumpers.

(12)

All landscaped areas, including trees located in the public right-of-way that are counted in the fulfillment of this requirement, shall be properly maintained in accordance with approved landscape plans. In the event that a tree or any plant material dies, it shall be replaced within six months so as to meet all requirements of this section and to allow for planting in the appropriate planting season.

(13)

Notwithstanding subsection (4) above, existing parking lots shall not be required to reduce the number of parking spaces by more than three percent (3%) as a result of implementing these landscaping regulations.

(14)

If it is determined by the bureau of planning that implementation of these regulations will result in the loss of parking spaces in existing lots, the director, bureau of traffic and transportation may increase the percentage of allowable compact car spaces from 25 percent up to 35 percent so as to minimize the loss of parking spaces.

(15)

Administrative variances may be granted by the director, bureau of planning only upon making all of the following findings:

(a)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, topography, subsurface conditions, overhead structures or the existence of sufficient trees in the public right-of-way within ten feet of the property line;

(b)

Such conditions are peculiar to the particular piece of property involved; and

(c)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Zoning Ordinance of the City of Atlanta.

(16)

Owners, lessees, or authorized agents of existing parking lots shall be required to submit a landscaping plan within 12 months of the effective date of this section, which illustrates the proposed application of these landscaping regulations. Within six months of the receipt of said landscaping plans, the bureau of planning shall approve these landscaping plans or develop alternative plans which meet the requirements. Within 24 months of the effective date of this section, all required landscaping shall be implemented.

(Code 1977, § 16-14.012)