Ordinance to Rezone 471 North Highland

AN ORDINANCE
BY COUNCILMEMBER AMIR R. FAROKHI

AN ORDINANCE TO AMEND CHAPTER 32M OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTA GEORGIA FOR THE PURPOSE OF REVISING THE RESTRICTIONS ON OUTDOOR DINING IN THE NC-13 (INMAN PARK NEIGHBORHOOD COMMERCIAL DISTRICT); AND FOR OTHER PURPOSES.

WHEREAS, the City Charter, at Section 1-102(b), provides that the City shall have all powers necessary and proper to promote the safety, health, peace, and general welfare of the City and its inhabitants; and

WHEREAS, the Georgia Constitution Article IX, Section II, Paragraph IV empowers the governing authority of each county and of each municipality to adopt plans and exercise the power of zoning; and

WHEREAS, the NC-13 Inman Park Neighborhood Commercial District, Section 16-32M of the Atlanta Zoning Ordinance, was enacted by the City of Atlanta, after careful consideration and in consultation with adjacent property owners, in Ordinance 11-O-1842 (Z-11-035) that was adopted on February 6, 2012 and approved as per City Charter Section 2-403 on February 15, 2012; and

WHEREAS, Section 16-32M.002(6) prohibits outdoor dining in NC-13; and

WHEREAS, over time since the creation of the NC-13 Inman Park Neighborhood Commercial District, it has become clear that the current restrictions on outdoor dining within the NC-13 zoning classification are too restrictive; and

WHEREAS, over time since the creation of the NC-13 Inman Park Neighborhood Commercial District, it has become clear that the current parking requirements are still necessary; and

WHEREAS, the City Council of the City of Atlanta finds that this revision to Section 16-32M.002(6) is in the best interest of the public health, safety, and welfare.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:

Section 1:    That Section 16-32M.002(6) shall be revised as follows (with text to be deleted indicated by strikethrough, and text to be add indicated by underline):

Outdoor dining: Outdoor dining, including eating and drinking, shall be prohibited permitted to operate in the district until 10:00 p.m. Monday through Thursday and until 11:00 p.m. Friday and Saturday such that service to customers shall be substantially completed 30 minutes prior to those times.  Said outdoor dining shall be allowed within the district only in the locations so designated.

Section 2:    That Attachment A to Ordinance 11-O-1842 be replaced with Attachment A1 attached hereto.  For clarity, Attachment A1 shall designate where within the district that Outdoor Dining may occur as well as the location and type of noise barrier to be installed while Outdoor Dining is occurring.  Attachment A1 shall also govern the general location of parking spaces required, which number shall be at least 70.

Section 3:    That Attachment B to Ordinance 11-O-1842 be replaced with Attachment B1 attached hereto.

Section 4:    That all ordinances or parts of ordinances that conflict with the terms of this ordinance are waived to the extent of the conflict.  For clarity, the applicable provisions of Section 16-20L (Inman Park Historic District Regulations) shall remain in force and shall not be superseded by enactment of this ordinance.

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