§ 134-206. RM-12 residential multifamily district.

The regulations for the RM-12 residential multifamily district are as follows:

(1)

Purpose and intent. The RM-12 district is established to provide locations for multifamily residential uses or residentially compatible institutional and recreational uses which are within properties delineated for high density residential and regional activity center categories as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. When residentially compatible institutional and recreational uses are developed within the RM-12 district, they should be designed and built to ensure intensity and density compatibility with adjacent multifamily detached dwellings and otherwise to implement the stated purpose and intent of this chapter.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

a.

Community fair means a festival or fair such as the North Georgia State Fair conducted wholly within public areas owned by a local government, provided that any activity is conducted at least 200 feet from any property line. Any event shall not exceed 21 days.

b.

Customary home occupations means those occupations which are customarily performed in a small area of a residence due to the low intensity nature of such uses, subject to the following requirements:

1.

There shall be no exterior evidence of the home occupation, including but not limited to any type of identifying signs.

2.

No article, product or service used or sold in connection with such activity shall be other than those normally found on the premises.

3.

No mechanical equipment shall be used for such occupation except such equipment as is customary for purely household and hobby purposes.

4.

Such use shall be conducted entirely within the dwelling unit, and only persons living in the dwelling unit shall be employed in such occupation.

5.

No more than 25 percent of the dwelling unit may be used for the operation.

6.

No materials, equipment or business vehicles may be stored or parked on the premises, except that one business vehicle, used exclusively by the resident may be parked in a carport, garage, or rear or side yard. The off-site employees of the resident shall not congregate on the premises for any purpose concerning the business of the home occupation.

7.

There shall be no deliveries of supplies for use in the home occupation or pickups of the items produced by the occupant by commercial carrier.

c.

Group home means a dwelling shared by six or less persons, excluding resident staff, who live together as a single housekeeping unit and in a longterm, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. This use shall also apply to homes for the handicapped. As used in this subsection, the term "handicapped" shall mean:

1.

Having a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently;

2.

Having a record of having such an impairment; or

3.

Being regarded as having such an impairment.

However, the term "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the handicapped" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

d.

Livestock, nondomestic and wild animals, and poultry means animals, nondomestic and wild animals, and species of the avian family which are or may be raised for the purpose of providing food or transportation, or being resold or bred, excluding only dogs, cats, rabbits, fish, pet mice, hamsters, gerbils, parrots and parakeets.

1.

Such animals shall only be permitted on a lot containing not less than two acres.

2.

All buildings used for animals shall be set back not less than 100 feet from any property line.

3.

All animals shall be maintained at least ten feet from any residential property line.

4.

Except in the RR district, there shall be not less than 5,000 square feet of fenced lot area not covered by the principal structure for each animal, unless the property is a bona fide farm.

5.

In the case of nondomestic or wild animals, all state and federal requirements must be met and a special land use permit is required.

(3)

Permitted uses. Anything not permitted or allowed by special exception is prohibited. Permitted uses are as follows:

Community fairs.

Cottage food operators as regulated by the Georgia Department of Agriculture in accordance with its Rules, Chapter 40-7-19, as may be amended from time to time subject to the following requirements:

1.

There shall be no signage or other exterior evidence of the cottage food operator.

2.

Deliveries of specialty ingredients such as herbs and spices, etc., limited to those made by the United States Postal Service or other carrier (FedEx, United Parcel Service, etc.) that routinely delivers mail/internet order products to residents.

3.

No cottage food products prepared by the cottage food operator may be picked up by a commercial carrier.

4.

There shall be no employees parking on the site unless approved by the board of commissioners in accordance with section 134-36 of the Cobb County Code.

Condominiums (attached and detached).

Customary home occupations.

Designated recycling collection locations.

Executive golf courses (see section 134-270).

Fraternity and sorority houses and residence halls.

Fruit trees, nuts and vegetables.

Golf courses, 18-hole regulation, public and private (see section 134-270).

Golf courses, par 3 (see section 134-270).

Group homes.

Halfway houses.

In-home day care.

Livestock, nondomestic and wild animals, and poultry, on two or more acres.

Multifamily dwelling units.

Nonprofit (seasonal use) fishing lakes.

Parking for vehicles.

Personal vehicle and equipment sales.

Riding stables.

Single-family dwelling units (attached).

Single-family dwelling units (detached).

Temporary uses.

Townhomes, attached.

(4)

Lot size and setback requirements. Lot size and setback requirements are as follows:

a.

Minimum tract size: 80,000 square feet.

b.

Minimum lot width at front setback line: 75 feet.

c.

Minimum public road frontage: 75 feet.

d.

Minimum building setbacks: As shown and applied in the following diagram:

MINIMUM BUILDING SETBACK REQUIREMENTS FOR RM-12 DISTRICT

Note: All setbacks shall be measured from future right-of-way. Setbacks for single-family attached and detached units are described in section 134-206(12).

RM-12 District

Notes:

^a  Property with shorter amount of road frontage will be the front setback for determining other setbacks (major side, side, rear).

^b  If structure fronts a major side setback, major side setback shall be 35 feet.

(5)

Landscape buffer and screening requirements. Unless otherwise noted within this district's requirements, any property within an RM-12 district which abuts a more restrictive residentially zoned property shall have a minimum 25-foot landscaped screening buffer adjacent to all residential property. The buffer shall be subject to approval by county staff. Required buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Additionally, necessary private utilities and access drives may be allowed through, over or across a landscaped buffer. Any such uses which are proposed through, over or across a designated undisturbed buffer must be approved pursuant to an original site plan or site plan modification as set forth under section 134-126.

a.

Objectives. Undisturbed, planted landscape buffers and berms shall be implemented in connection with a permitted project and shall address the following objectives:

1.

Screening to enhance aesthetic appeal;

2.

Control or direction of vehicular and pedestrian movement;

3.

Reduction of glare; and

4.

Buffering of noise.

b.

Standards. Buffers or berms shall be required when an RM-12 district is located adjacent to a more restrictive residential district; a minimum 25-foot buffer is required.

1.

Buffers. Landscape buffers are subject to review and approval by county staff in accordance with the following standards:

i.

Plantings are to be a mix of evergreen trees and shrubs.

ii.

Species are to be ecologically compatible to the site and appropriate for the design situation.

iii.

Unless public safety concerns dictate otherwise, a buffer should maximize a visual barrier to a height of six feet within two years of planting.

iv.

Minimum height of plant materials at installation is five feet for trees and two feet for shrubs.

v.

Fencing or walls are to be a minimum of six feet in height as approved by county staff.

vi.

Trees included in buffer plantings may be counted toward site density calculations as required by chapter 50, article VI, pertaining to tree preservation and replacement, subject to review and approval of county staff.

vii.

Buffers shall be regularly maintained by the property owner to ensure that the objectives and standards set out in this subsection are met.

viii.

When topography and existing conditions allow, the required 25-foot buffer should be an undisturbed buffer.

ix.

Any appeals from a determination by county staff shall be to the board of zoning appeals.

2.

Berms. Berms are subject to review and approval by county staff in accordance with the following standards:

i.

Berms shall be utilized when consistent with surrounding property features.

ii.

Berms shall be stabilized.

iii.

Berms shall be constructed to be consistent with natural or proposed drainage patterns.

iv.

Berms shall be regularly maintained by the property owner.

(6)

Floodplain and wetlands preservation requirements. Any development must meet state and federal requirements relating to areas subject to the provisions of section 134-283, regarding mountain and river corridor protection act areas, and section 134-284, regarding metropolitan river protection act areas. No floodplains and/or wetlands may be used in calculating the overall density of the development.

(7)

Building and structure requirements. Maximum building height is 40 feet. Buildings within the RM-12 district may be split level, three and four stories in height.

(8)

Parking requirements. See section 134-272 for paved parking specifications.

(9)

Lighting requirements. Any project permitted within the RM-12 district which proposes any outdoor lighting, except individual residential lots or units, must have a county department of transportation approved lighting plan in accordance with the minimum conditions listed in section 134-269.

(10)

Special exception uses. Please see section 134-271 for special exception uses and requirements for all districts. Special exception uses for the RM-12 district are the uses listed in section 134-271. Additionally, condominiums and townhomes constructed to replace existing/demolished multifamily dwelling units are eligible for a density bonus not to exceed 15 percent of the total number of demolished multifamily dwelling units, subject to site plan approval by the board of commissioners.

(11)

Temporary land use permits and special land use permits. See sections 134-36 and 134-37 for additional uses and requirements for all districts. Uses requiring land use permits or special land use permits for the RM-12 district are the designated uses listed in sections 134-36 and 134-37.

(12)

Use limitations.

a.

There shall be a maximum of 12 units per acre; however, the overall density of a development may be reduced due to topography, drainage, deforestation or sediment and erosion concerns.

b.

Where single-family attached and detached dwelling units are proposed to be constructed in areas zoned RM-12, the minimum house size shall be 950 square feet.

c.

For single-family detached dwelling in areas zoned RM-12 the following shall apply:

1.

A 20-foot perimeter building setback must be provided to all adjacent residentially zoned properties. This perimeter setback may include required buffers.

2.

A 20-foot setback shall be required adjacent to any public roadway. Units including rear entry garages may reduce the 15-foot front setback to zero feet.

3.

A minimum setback of five feet between buildings. Building less than five feet from the property line shall include necessary fire separation requirements outlined in the International Building Code or Residential Building Code, as applicable.

4.

When the distance between buildings is less than ten feet, all utilities meters, cable/internet boxes, air conditioning units, and other similar items shall be to the rear of the structure.

5.

Maximum building height of 35 feet.

6.

Any RM-12 attached or detached development shall be subject to the site plan submitted to and approved by the board of commissioners.

7.

Minimum setbacks may be increased by the board of commissioners based on existing conditions such as tract size, topographic conditions, or any other conditions on a case by case basis in order to provide compatibility with adjacent uses during site plan/zoning approval.

d.

Maximum acreage is 40 acres.

e.

No sale of goods or products shall be permitted except if accessory to a customary home occupation, land use permit, special land use permit or special exception use.

f.

No adult entertainment uses are permitted.

g.

No materials, equipment or business vehicles may be stored or parked on the premises, except that one business vehicle used exclusively by the resident may be parked in a carport, garage, or rear or side yard. The off-site employees of the resident shall not congregate on the premises for any purpose concerning the business of the home occupation.

h.

All uses are subject to chapter 110, the subdivision regulations of the county, as amended from time to time.

i.

Any food or beverage served within an accessory clubhouse shall be limited to residents and their guests.

j.

It is found and declared that outside storage on properties within unincorporated Cobb County is a health risk and undesirable in that it provides harborage for rodents and insects, lowers property values, and constitutes a public nuisance; therefore, no outside storage is permitted, excluding firewood and lawn furnishings, unless otherwise allowed in this article.

k.

Maximum impervious surface shall not exceed 45 percent. Pervious pavement system and/or green roofs are considered 60 percent effective impervious and will be calculated as such when determining maximum impervious surface. In no case shall total pavement and roof areas (pervious and impervious) exceed 50 percent. An undisturbed buffer equal to the required rear yard setback for this zoning district shall be established along the perimeter boundaries during construction until certificates of occupancy for affected lots are obtained. In the event that this undisturbed perimeter buffer conflicts with any required building setbacks, the required building setbacks may be altered by the zoning division manager or his/her designee, so to accommodate the 40-foot undisturbed perimeter buffer. The following uses shall be allowed within the undisturbed perimeter buffer: public and private utilities, detention facilities, access drives, pools, decks, gazebos and fences.

Required buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Additionally, necessary private utilities and access drives may be allowed through, over or across a landscaped buffer. Any such uses which are proposed through, over or across a designated undisturbed buffer must be approved pursuant to an original site plan or site plan modification as set forth under section 134-126.

(13)

Accessory buildings, structures, uses and decks. Any accessory building or structure which exceeds 1,000 square feet of gross space must have the approval of the division manager of zoning or his designee as to the location, architectural design and size prior to commencing construction. The division manager of zoning or his designee shall consider the following criteria for determining the appropriateness of the architectural design and size of the accessory building or structure: compatibility with the surrounding neighborhood, style of exterior (the exterior is to be compatible in style with the primary structure), use of the proposed accessory structure, impact on adjacent properties, and requirements as deemed appropriate by plan review as set forth in this subsection. All accessory buildings, structures and uses in excess of 1,000 gross square feet shall be required to submit for plan review through the community development department or receive approval from the director of the community development department or his designee. When single-family detached dwellings are developed in areas zoned RM-12, any accessory building or structure in excess of 650 square feet of gross space shall be located to the rear of the primary structure and at least 100 feet from any property line. Any accessory building or structure less than 650 square feet and greater than 144 square feet must be located to the rear of the primary structure within the building setbacks. No garage or accessory building, structure, use or deck less than 144 gross square feet, shall be located closer than five feet to a side or rear lot line or within any required buffers, whichever is greater, regardless if the garage, accessory building, structure, use or deck is attached to the primary structure by a breezeway. If the garage, accessory building, structure, use or deck is attached to the primary structure by a breezeway it shall be located up to a maximum of 25 feet from the primary structure to which it is attached. When an accessory building is intended to be habitable it shall be attached to the principal structure by a fully enclosed conditioned hallway and it shall comply with the yard requirements of the principal building to which it is accessory. The accessory building, structure or use shall be located up to a maximum of 25 feet from the primary structure to which it is attached.

a.

Accessory buildings, structures, uses or decks shall be subject to the following conditions:

1.

Maximum height is two stories or 35 feet.

2.

Accessory uses shall include garbage dumpsters, designated recycling collection locations, clubhouse and recreation centers, amenities, swimming pools and tennis courts, antennas and satellite dishes, heating and air conditioning units, jacuzzis, playhouses and playgrounds subject to the following conditions:

i.

Uses must be located within building setbacks.

ii.

No ground-based antenna or satellite dish shall exceed 35 feet in height without compliance with standards in section 134-273.

iii.

No accessory building, structure, use or deck shall be built until construction of the principal building has commenced.

iv.

Outdoor activities shall cease by 11:00 p.m. within clubhouse and recreation centers and swimming pools and tennis courts.

3.

Such buildings, structures, uses or decks shall be located on the same lot as the principal use to which the building, structure, use or deck is accessory.

b.

Antennas and satellite dishes shall meet the requirements set forth in section 134-274.

c.

Incidental storage is permitted, provided that the material stored is incidental to the permitted use, as determined by the division manager of zoning or his designee, and stored completely within a portion of the enclosed principal structure permitted within the district, or within a permitted accessory structure.

(Ord. of 12-26-72; Res. of 8-14-73, § 8; Ord. of 11-8-77, § 1; Ord. of 7-7-82, §§ 1, 3; Ord. of 12-11-90, § 3-28-7.14; Ord. of 8-13-91; Ord. of 6-9-92; Ord. of 10-27-92; Ord. of 10-25-94; Ord. of 7-11-95; Ord. of 2-27-96; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 11-23-99; Ord. of 2-8-00; Ord. of 9-12-00; Ord. of 1-23-01; Ord. of 7-8-03; Ord. of 7-27-04; Ord. of 7-26-05; Ord. of 7-25-06; Ord. of 2-27-07; Amd. of 2-23-10; Amd. of 2-26-13; Amd. of 7-22-14; Amd. of 2-24-15; Amd. of 2-28-17; Amd. of 10-23-18)