§ 134-37. Special land use permits.

(a)

A special land use permit shall be required for the following types of uses of property regardless of the zoning classification or district for the realty:

(1)

Radio, television, microwave, land mobile, telephone or other communication towers or antennas, including antennas or other communications equipment or facilities to be placed on a tower that was or will be constructed pursuant to the exemption set forth in section 134-3(2).

(2)

Communication equipment buildings.

(3)

Noncommercial or nonprofit public community centers such as a YWCA, YMCA, Girls Club or Boys Club.

(4)

Private, parochial or other elementary, middle, junior or high schools which are not a part of the public school system of the state, but which teach the subjects commonly taught in the common schools of the state. This use shall not be permitted in the CF, IF, LI or HI zoning districts.

(5)

Colleges or universities which are institutions for higher education and are nonprofit educational institutions not owned or controlled by the state or any political subdivision, agency, instrumentality, district or municipality thereof, which provide a program of education beyond the high school level and which admit as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate, and which provide an educational program for which a bachelor's degree is awarded, or provide an educational program, admission into which is conditioned upon the prior attainment of a bachelor's degree or its equivalent, for which a postgraduate degree is awarded, or provide not less than a two-year program which is acceptable for full credit toward a bachelor's degree or its equivalent.

(6)

Asphalt plants.

(7)

Concrete plants.

(8)

Adult entertainment establishments.

(9)

Boarding, breeding or raising nondomestic or wild animals.

(10)

Private landfills.

(11)

Composting facilities.

(12)

Waste transfer stations.

(13)

Trash/garbage handling, hauling or disposal facilities or any use associated with these uses, except for general offices, dispatch offices, maintenance facilities or truck terminals for empty and clean trucks only. Any cleaning of empty trucks must occur entirely inside an enclosed building and all wash water and residue which is used in or results from such cleaning must be recaptured and not allowed to flow outside the enclosed building.

(14)

Auto salvaging and wrecking yards.

(15)

Automobile storage yards and wrecker services for damaged or confiscated vehicles.

(16)

Used or pre-owned automobile and truck sales lots separate from a new car dealership. No application for a special land use permit shall be considered unless the property on which the special land use permit has been applied for consists of at least one acre of paved surface for parking of vehicles excluding any area used for, but not limited to buildings, offices, service or sales areas, etc.

(17)

Truck stops/refueling stations.

(18)

Coliseums.

(19)

Stadiums.

(20)

Chipping, grinding or reduction of materials, stumps, trees, limbs, construction debris, glass, concrete, asphalt, rock, etc.

(21)

Used or discarded tire storage/disposal facilities.

(22)

Quarries or mining operations.

(23)

Scrap metal, iron or steel collection/recovery.

(24)

Any manufacturing or industrial use which also requires a permit from the environmental protection division of the department of natural resources of the state under the provisions of O.C.G.A. tit. 12, ch. 5, 8 or 9 (O.C.G.A. § 12-5-1 et seq., 12-8-1 et seq. or 12-9-1 et seq.).

(25)

Sawmills.

(26)

Hotels (suite).

(27)

Trade shows/expositions.

(28)

Flea markets.

(29)

Pain clinic and pain management clinic.

(30)

Recreational grounds or private parks, as long as the proposed uses within the property are consistent with the uses in other Cobb County public parks (e.g., Sandy Plains Park, Bells Ferry Park or Lost Mountain Park); provided however, where the proposed use contains a commercial component, the owner must also apply for the appropriate commercial zoning district.

(31)

Clubs or lodges (noncommercial), when located on a residentially zoned property, with the following minimum requirements.

a.

Minimum lot size is five usable acres, excluding flood plain.

b.

Primary access to the facility shall be from an arterial or major collector roadway.

c.

Structures associated with the use shall be located a minimum of 50 feet from any property line.

d.

Structures associated with the use shall be limited to 55 feet in height.

e.

When abutting any residential property line, a 35-foot landscaped screening buffer shall be approved by county staff (see landscaping standards).

f.

An overall parking and landscape plan for the entire site shall be approved by county staff.

g.

One paved parking space shall be provided for every four seats in the designated assembly area, plus one per employee. In the absence of designated assembly areas, one paved space shall be provided per 300 square feet of gross floor area.

h.

A lighting plan shall be approved in accordance with section 134-269.

(32)

Fraternity and sorority houses and residence halls.

(33)

New cemeteries for human or animal internment or expansions of cemeteries for human or animal internment, if the expansion is of more than 20 acres or greater than 50 percent of its size.

(b)

The board of commissioners may grant special land use permits for the uses enumerated in subsection (a) of this section. The granting of a special land use permit is conditional upon the site plan considered by the board of commissioners.

(c)

All applications for special land use permits shall be advertised in the same manner as applications for rezoning, and public hearings will be held thereon in the same manner as applications for rezoning are conducted.

(d)

The board of commissioners may grant special land use permits for any period of time in the discretion of the board of commissioners.

(e)

In addition to general district, the board of commissioners shall consider, at a minimum, the following in its determination of whether or not to grant a special land use permit:

(1)

Whether or not there will be a significant adverse effect on the neighborhood or area in which the proposed use will be located.

(2)

Whether or not the use is otherwise compatible with the neighborhood.

(3)

Whether or not the use proposed will result in a nuisance as defined under state law.

(4)

Whether or not quiet enjoyment of surrounding property will be adversely affected.

(5)

Whether or not property values of surrounding property will be adversely affected.

(6)

Whether or not adequate provisions are made for parking and traffic considerations.

(7)

Whether or not the site or intensity of the use is appropriate.

(8)

Whether or not special or unique conditions overcome the board of commissioners' general presumption that residential neighborhoods should not allow noncompatible business uses.

(9)

Whether or not adequate provisions are made regarding hours of operation.

(10)

Whether or not adequate controls and limits are placed on commercial and business deliveries.

(11)

Whether or not adequate landscape plans are incorporated to ensure appropriate transition.

(12)

Whether or not the public health, safety, welfare or moral concerns of the surrounding neighborhood will be adversely affected.

(13)

Whether the application complies with any applicable specific requirements set forth in this chapter for special land use permits for particular types of uses.

(14)

Whether the applicant has provided sufficient information to allow a full consideration of all relevant factors.

(15)

In all applications for a special land use permit the burden shall be on the applicant both to produce sufficient information to allow the county fully to consider all relevant factors and to demonstrate that the proposal complies with all applicable requirements and is otherwise consistent with the policies reflected in the factors enumerated in this chapter for consideration by the county.

(f)

Any special land use permit that is granted for a use that emits or creates odors must include an odor elimination/attenuation system as recommended by industry standards.

(g)

Suspension or revocation. A holder of a special land use permit may be subject to suspension or revocation via a show-cause hearing conducted by the board of commissioners if the owner/property owner/operator is found in violation of any local, state or federal laws, regulations or ordinance regulating such business; or any reason which would cause the denial to issue or renew such permits; or the violation any of the board of commissioners stipulations of the special land use permit. The zoning division manager shall be authorized to post the property at least 30 days prior to a show-cause hearing with an "other business" sign, if the violations are not corrected within ten days of official notification provided by the county, and/or are habitual in nature, and/or endanger the public health, safety and welfare.

(Res. of 9-25-84, §§ 1—4; Ord. of 4-15-86; Ord. of 12-11-90, § 3-28-10.2; Ord. of 9-26-95; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 2-9-99; Ord. of 11-23-99; Ord. of 12-9-03; Ord. of 2-26-08; Amd. of 2-24-09; Ord. of 7-27-10; Amd. of 2-26-13; Ord. of 7-23-13; Amd. of 5-12-15; Amd. of 2-23-16; Amd. of 2-28-17)