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 NC-6 Cascade Heights Neighborhood Commercial District. These regulations shall be in addition to those of the general NC district regulations (section 16-32.001 et seq.). Where conflicts arise, the specific NC-6 regulations shall govern.

(Ord. No. 2009-49(08-O-1020), § 1, 8-26-09; Ord. No. 2013-50(13-O-1046), § 1, 10-16-13; Ord. No. 2018-53(18-O-1503), § 1(Exh. A), 11-14-18)

The following regulations are specific to the NC-6 Cascade Heights Neighborhood Commercial District:

1.

NPU notification. In addition to required SAP submittal, the applicant shall also provide to the director of the office of planning a United States Postal Service proof of a certificate of mailing (first-class) of one copy of the full SAP application to the appropriate neighborhood planning unit (NPU) chair or their designee for the purpose of notification and comment, and also a signed affidavit of said NPU notification. Said appropriate NPU shall have a period of 21 days from the date of the said certificate of mailing to provide one set of written comments to the office of planning prior to any SAP approval.

2.

Prohibited uses: In further limitation of those permitted principal uses and structures not permitted, as set forth in section 16-32.005, the following uses are prohibited:

a.

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

b.

Speakers and amplified music located outside enclosed permanent structures.

c.

Park-for-hire facilities on surface lots.

d.

Pawn shops.

e.

Carwashes, auto parts stores, tire and repair stores, auto repair shops.

f.

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.

g.

Small Discount Variety Store pursuant to Atlanta City Code Section 16-29.001(87).

3.

Reserved.

4.

Permitted principal uses: In further limitation of those permitted principal uses and structures set forth in section 16-32.005:

a.

The following uses shall be permitted provided that they are separated from another parcel having the same permitted use by a minimum horizontal distance of 1,000 linear feet as measured from property line to property line:

i.

Automobile service stations.

ii.

Dry cleaning establishments.

iii.

Hair salons, barber shops, beauty supply, beauty school, and nail salons. This shall not be construed to mean that two such uses within the same parcel shall be prohibited.

b.

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.

c.

Parking structures and surface lots to serve primary uses within the district.

d.

Retail establishments shall not exceed 5,000 square feet except where permitted by special use permit issued pursuant to this section 16-32F.

5.

Hours of operation for certain primary and accessory uses:

a.

Commercial recreation establishments, including theaters and other similar places of assembly (not to be construed as churches or similar places of religious assembly) with primary activities conducted within fully enclosed buildings: shall not operate between the hours of 2:00 a.m. to 6:00 a.m.

b.

Eating and drinking establishments: shall not operate between the hours of 2:00 a.m. to 6:30 a.m., Monday through Thursday. There shall be no limit to hours of operation Friday and Saturday.

c.

Clubs and lodges: Shall not operate between the hours of 2:00 a.m. to 6:00 a.m.

d.

Grocery stores: Shall have no limit to hours of operation.

e.

All other uses: No use shall operate for services to the general public between the hours of 11:00 p.m. to 6:00 a.m.

6.

Special use permits: In further limitation of those uses only permissible by special use permit set forth in section 16-32.007:

a.

Commercial recreation establishments, including theaters and other places of assembly and similar uses with primary activities conducted within fully enclosed buildings.

b.

Retail establishments between 5,000 square feet and 15,000 square feet in floor area.

7.

Special administrative permits. In addition to the uses permitted by special administrative permit, the following administrative variations shall be permitted:

a.

Street tree requirements: Variations are subject to constraints such as overhead or underground utilities, topography, or for the preservation of existing trees greater than six inches in caliper measured four and one-half feet above the natural grade at the base.

b.

Street furniture and tree planting zone: On-street parking may be placed in the street furniture zone, provided that street trees are installed in bulb-outs located at intervals within the area used for on-street parking, as approved by the director of the office of zoning and development. Ground cover shall also be provided around the trees in order to protect tree roofs and to prevent erosion. Ground cover shall consist of shrubs, spicata liriope, pine bark mulch, and other similar landscaping materials. All plants used for ground cover must be evergreen and approved by the City arborist. If a tree or plant material dies, it shall be replaced within one month.

c.

Sidewalk width requirements supplemental zones not required: In blocks where 50 percent or more of the buildings were built before 1950, sidewalk width requirements may be reduced to match the existing building setbacks, as measured from the curb, of the nearest two adjacent buildings located on the same side of the street. Sidewalk zone width requirements may also be varied subject to constraints related to existing topography or preservation of existing trees (as noted above). The materials for the supplemental zone shall be finished with either patterned concrete, brick or stone in a scale to reduce the scale of the surface. Supplemental zones are not required.

d.

Outdoor dining within required sidewalk for new and pre-existing buildings: Outdoor dining may encroach into the sidewalk clear zone provided all of the following criteria are met:

i.

Shall have an unobstructed sidewalk width of a minimum of four feet (4') along all streets in the district. 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.

8.

Maximum building heights. Structures which are within 150 feet of an R-1 through R-5 and PD-H District boundary shall have a maximum of three stories and a height of 42 feet. Structures that are between 150 feet and 300 feet from an R-1 through R-5 and PD-H District boundary shall have a maximum of five stories and a height of 66 feet. Mezzanines and lofts shall be considered a story.

9.

In addition to the requirements of section 16-32.0.15 the following building design requirements shall apply:

a.

Building entrances: The primary pedestrian entrance facing the street and sidewalk shall be articulated and differentiated from other components of the façade with two or more of the following elements:

i.

Recessed entries, not exceeding five feet in depth from the façade;

ii.

Entry surrounds;

iii.

Transom windows;

iv.

Awnings or canopies. Metal awnings are prohibited.

b.

Building stoops, steps and cheek walls facing the street and sidewalk shall be finished with either patterned concrete, brick or stone. Steps shall have closed risers, ends and cheek walls.

c.

Building façade materials shall consist of the following for principal and accessory structures:

i.

All structures:

1)

All exterior façades adjacent to and/or visible from a public street shall be predominately at least 60 percent brick per vertical wall plane. Stone, cast stone or three-part hard coat stucco may comprise the remainder of such building façade(s).

2)

All exterior façades not adjacent to and/or visible from a public street shall be brick, stone, cast stone, three-part hard coat stucco, architecturally treated concrete masonry units, split-faced concrete, or split-faced brick.

3)

Accent building materials of non-reflective glass, natural stone, true stucco, glass block shall not exceed 40 percent per vertical wall plane.

4)

Exposed concrete masonry unit (CMU) block, corrugated steel panels, aluminum siding, vinyl siding, wood siding, prefabricated metal, exposed pressboard are prohibited as exterior finishes.

5)

Façade materials of accessory structures shall match materials of the principal structure(s).

ii.

Retaining walls: Shall be faced with or constructed of stone, brick, or decorative concrete modular block only.

d.

Fencing. Where fences are constructed along all property lines the finished side shall be toward the public right-of-way or residentially zoned property, R-1 through R-5, RG-1, MR-1, and PD-H. Wood fencing other than cedar or redwood must be stained or painted. Bright or fluorescent colors are prohibited. Fencing shall have a horizontal top and bottom trim.

10.

In addition to the requirements of section 16-32.018 "Loading areas, loading dock entrances and building mechanical and accessory features":

a.

Dumpsters and loading areas shall be paved with impervious materials and shall be screened so as not to be visible from any public right-of-way, park or plaza, outdoor dining area, or adjacent property.

b.

Dumpsters shall be screened with brick opaque walls and a self-closing opaque gate along one side which matches the brick color. Gate material shall be wood, metal or vinyl. Screening shall be 12 inches above the dumpster at a maximum height of seven feet.

c.

Building mechanical and accessory features not located on rooftops shall provide landscaping or similar screening. Said shrubbery shall consist of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at time of planting and reach a minimum height of six feet at maturity.

11.

Security materials: Burglar bars, steet 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.

12.

Lighting: Lights outlining and/or detailing a building and/or windows are prohibited.

13.

Vending machines, paper stands, and other similar devices shall be located interior to the building structure.

14.

In addition to the requirements of section 16-32.020 "Curb cuts and parking structures", two curb cuts serving two one-way driveways shall only be counted as one curb cut.

15.

Off-street parking requirements: In addition to requirements provided in section 16-32.023 "minimum parking requirements," the following parking requirements shall supplant the requirements for the uses specified below in the table.

16.

Parking lot landscaping. In addition to trees, ground cover shall also be provided in order to protect tree roots and to prevent erosion. Ground cover shall consist of shrubs, spicata liriope, pine bark mulch, and other similar landscaping materials. All plants used for ground cover must be evergreen and approved by the City Arborist. If a tree or plant material dies, it shall be replaced within one month.

(Ord. No. 2009-49(08-O-1020), § 1, 8-26-09; Ord. No. 2013-50(13-O-1046), § 1, 10-16-13; Ord. No. 2016-02(15-O-1412), §§ 1, 2, 1-28-16; Ord. No. 2018-53(18-O-1503), § 1(Exh. A), 11-14-18; Ord. No. 2021-01(20-O-1575), § 1, 1-13-21; Ord. No. 2024-07 (23-O-1490), § 1, 2-14-24)