Text Amendment for Accessory Structures and Uses for Public Schools

Legislation Z-14-13/14-O-1133 Fact Sheet

Text Amendment for Accessory Structures and Uses for Public Schools

The legislation proposes to amend the Definition of “accessory uses and structures” in Section 16-29.001(2) of the City of Atlanta Zoning Ordinance to add new language pertaining to accessory uses and structures on public school property, allowing:

i) Programs for youth sports, scouting, arts, music, technology, language and cultural activities;

ii) Programs that provide students, their families or the community with classes, information or assistance concerning language, technology, parenting, and/or social and cultural issues;

iii) Fundraising activities that directly benefit school activities, programming and facilities including, without limitation, those funds raining activities providing additional funding for playing fields, art and music facilities, libraries, school sponsored trips and classroom needs whether for the system as a whole or an individual school; provided however, that structures which are erected for proprietary purposes or that are not customarily associated with and subordinate to the public school use, such as telecommunication towers, must meet the requirements of the district where the structure is located.

CITY COUNCIL ATLANTA, GEORGIA

14-O-1133

Page 1 of 5

AN ORDINANCE BY COUNCILMEMBER YOLANDA ADREAN TO AMEND CHAPTER 29 OF THE ZONING CODE OF THE CITY OF ATLANTA, ENTITLED “DEFINITIONS” AT SECTION 16-29.001(2) SO AS TO CLARIFY THE MANNER IN WHICH THE DEFINITION OF ACCESSORY STRUCTURES AND USES SHOULD BE APPLIED TO PUBLIC SCHOOLS; AND FOR OTHER PURPOSES.

Workflow List:

Atlanta City Council Completed 03/05/2014 5:25 PM

Zoning Review Board Staff Pending

Mayor's Office Pending

Mayor's Office Pending

Certified by Presiding Officer Certified by Clerk

Mayor’s Action

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14-O-1133 Page 2 of 5 CITY COUNCIL ATLANTA, GEORGIA 14-O-1133 SPONSOR SIGNATURES

14-O-1133 Page 3 of 5 AN ORDINANCE BY COUNCILMEMBER YOLANDA ADREAN TO AMEND CHAPTER 29 OF THE ZONING CODE OF THE CITY OF ATLANTA, ENTITLED “DEFINITIONS” AT SECTION 16-29.001(2) SO AS TO CLARIFY THE MANNER IN WHICH THE DEFINITION OF ACCESSORY STRUCTURES AND USES SHOULD BE APPLIED TO PUBLIC SCHOOLS; AND FOR OTHER PURPOSES.

WHEREAS, words or phrases used in the City of Atlanta Zoning Code are defined and the requirements, restrictions or limitations applied with respect to those definitions are set forth in Section 16-29.001; and

WHEREAS, the definition of “accessory uses and structures” is set forth at Section 16-29.001(2); and WHEREAS, there is currently an appeal before the City of Atlanta Board of Zoning Adjustment, V-13-281, challenging the long standing interpretation which the Office of Buildings has given to the definition of “accessory uses and structures” when applied to public school property; and

WHEREAS, the litigation of this BZA appeal over the interpretation of the definition of “accessory uses and structures” on public school property will cause uncertainty for a wide variety of uses which have occurred on public school property for many years, such as youth sports leagues, scouting activities, cultural and extra-curricula activities. fund raising functions, such as Christmas tree sales and bake sales, which seek to raise funds for individual schools or the school system; and

WHEREAS, two cases have been filed in the United States District Court for the Northern District of Georgia under the name of T-Mobile v. DeKalb County, 1:13-cv-03447 TWT and T-Mobile v. DeKalb

County, 1:13-cv-04212 TWT allege in part that leasing deals with the DeKalb County Board of

Education allow the erection of telecommunications towers at nine of the county's public schools under the theory that public schools are exempt from local zoning laws that the County is now attempting to enforce to prevent the erection of such towers; and

WHEREAS, an amendment of the existing language of Section 16-29.001(2) to support the long standing interpretation which the Office of Buildings has applied to the definition of “accessory uses and structures” on public school property and to clearly express the policy of the City of Atlanta concerning the erection of telecommunications towers on public school property will be in the public interest; and

WHEREAS, in order to allow public schools to continue to function as a place where the parents or community at large may request the permission of the Atlanta Board of Education or the local public school authority to use public school properties for community activities, which are generally like those undertaken in pursuit of an educational mission but which may be offered or supervised by parents or third parties, without increased uncertainly and litigation, the amendment of the definition of the term “accessory uses or structures” should be undertaken by the City Council.

14-O-1133 Page 4 of 5 ATLANTA, GEORGIA, as follows:

Section 1. The Code of Ordinances of the City of Atlanta is amended at Part 16, Chapter 29, Section 16-29.001(2) by adding the new language as set forth below to the definition of accessory uses or structures :

Accessory uses as defined herein include those uses of public school property operated by third parties with permission of the Atlanta Board of Education or the local public school authority and that are reasonably associated with public schools, including without limitation: (i) programs for youth sports, scouting, arts, music, technology, language and cultural activities; (ii) programs that provide students, their families or the community with classes, information or assistance concerning language, technology, parenting, and /or social and cultural issues; (iii) fund raising activities that directly benefit school activities, programming and facilities including, without limitation, those funds raising activities providing additional funding for playing fields, art and music facilities, libraries, school sponsored trips and classroom needs whether for the system as a whole or an individual school; provided however that structures which are erected for proprietary purposes or that are not customarily associated with and subordinate to the public school use, such as telecommunications towers, must meet the requirements of the district where the structure is located.

so that after the passage of this ordinance, Section 16-29.001(2) will read as follows:

(2) Accessory uses or structure: A use or structure of a nature customarily and subordinate to the

principal use or structure and, unless otherwise specifically provided or authorized, on the same premises. "On the same premises" means on the same lot or on a contiguous lot in the same ownership. Where a building is attached to a principal building, it shall be considered a part thereof, and not an accessory building. Accessory uses as defined herein include those uses of public school property operated by third parties with permission of the Atlanta Board of Education or the local public school authority and that are reasonably associated with public schools, including without limitation: (i) programs for youth sports, scouting, arts, music, technology, language and cultural activities; (ii) programs that provide students, their families or the community with classes, information or assistance concerning language, technology, parenting, and /or social and cultural issues; (iii) fund raising activities that directly benefit school activities, programming and facilities including, without limitation, those funds raising activities providing additional funding for playing fields, art and music facilities, libraries, school sponsored trips and classroom needs whether for the system as a whole or an individual school; provided however that structures which are erected for proprietary purposes or that are not customarily associated with and subordinate to the public school use, such as telecommunications towers, must meet the requirements of the district where the structure is located.

(a) Accessory outdoor dining area: Any area outside the gross floor area of the building or business

where customers may be served, including but not limited to food or beverages, provided, however, that any attempt to enclose such outside area shall be construed to have a parking requirement as required for inside seating.

14-O-1133 Page 5 of 5 Section 2: No further amendment of Section 16-29.001 or the amendment of any other part of the City Code is intended except as specifically set forth herein.

Section 3: This ordinance shall become effective when signed by the Mayor or as otherwise provided by operation of law.