§ 134-216. UVC urban village commercial district.

The regulations for the UVC urban village commercial district are as follows:

(1)

Purpose and intent. The UVC district is established to provide locations for planned mixed use development of low intensity, low scale commercial, office and residential uses, not subdivided into customary streets and lots, and which will not be subdivided. This is intended to encourage compatible mixed uses within the boundaries of properties delineated within or on the edge of a regional, community and neighborhood activity center and high density residential as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. When located on the edge of activity centers or high density residential areas as defined by the comprehensive plan, the UVC district should provide for office and retail uses that are low in intensity to ensure compatibility with adjacent single-family 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.

Commercial produce and agricultural product stands means temporary structures not greater than 250 square feet for the purpose of sales of produce and agricultural products, including firewood, not grown on-site, subject to the following conditions:

1.

The operator must have a current business license.

2.

All structures shall be temporary and located off the right-of-way and shall not impair vision at intersecting streets, driveways and/or alleys or easements.

3.

Animals, livestock and poultry sales shall not be permitted.

4.

Adequate parking off the right-of-way must be provided; however, should sales of such products constitute a nuisance or create a safety hazard, then such sales may be further restricted to protect the health, safety and welfare of the public.

5.

No permanent, temporary or mobile living or office quarters shall be permitted.

6.

Christmas tree sales and other temporary uses are specifically excluded from these requirements, but shall be subject to the specific requirements of those uses.

7.

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 of empty containers such as boxes, crates, pallets, etc., shall be permitted, unless otherwise allowed in this article.

8.

Signage:

i.

One permitted sign per temporary vendor, no greater than 24 square feet.

ii.

No manufactured portable signs shall be allowed.

iii.

All signage requires a sign permit.

b.

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.

c.

Designated recycling collection locations means metal or heavy duty plastic containers designed for shortterm holding of pre-bagged recyclable items such as tin, aluminum, glass and paper (no perishable or food items allowed) for scheduled minimum monthly pickup, with no on-premises sorting. The center must be maintained in a safe, clean, neat and sanitary fashion and shall not encompass an area larger than 280 square feet.

1.

Such location shall be visually screened and maintained.

2.

Such location shall be within the building setbacks unless otherwise approved by the division manager or his designee due to topography, safety, internal traffic flow, site distance or other site-related circumstances not created by the property owner.

d.

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 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.

e.

Professional office means a structure wherein services are performed involving predominately administrative, professional or clerical operations such as the following: law, doctor, optician, audiologist, accounting, tax preparation, real estate, stockbroker, architect, engineer, manufacturer representative, professional counselor, dentist, investigative services, photographer, insurance, contractor, land surveyor, telephone sales, political/campaign, veterinarian or travel bureau.

(3)

Permitted uses. Permitted uses are as follows:

Automotive parking lots or garages.

Banks and financial institutions with automated transfer machines; however, no drive-in establishments are permitted.

Churches, chapels, temples, synagogues, and other such places of worship.

Commercial produce and agricultural product stands.

Community fairs.

Cultural facilities.

Designated recycling collection locations.

Eating and drinking establishments subject to use limitations, including no bars or nightclubs.

Executive golf courses (see section 134-270).

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

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

Group homes.

In-home day care.

Medical and dental laboratories, provided no chemicals are manufactured on-site.

Neighborhood retail uses, such as antique, apparel, drugs, florist, food, gifts, books and jewelry stores, not to exceed 1,000 square feet of gross floor area; and snack or sandwich bars, provided that the size is limited to 1,000 square feet of gross floor area and no drive-through establishments are permitted.

Nonprofit (seasonal use) fishing lakes.

Nursery schools and child day care centers.

Office service and supply establishments.

Parking for vehicles.

Professional offices.

Single-family dwelling units (attached and detached), provided that such dwellings shall meet all other applicable requirements of this district.

Temporary uses.

(4)

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

a.

Minimum lot size: Two acres with a minimum of 7,500 square feet (gross) of finished floor space.

b.

Minimum lot width at front setback line: 60 feet.

c.

Minimum public road frontage: 50 feet.

d.

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

MINIMUM BUILDING SETBACK REQUIREMENTS FOR UVC DISTRICT

Note: All setbacks shall be measured from future right-of-way.

Minimum Building Setback Requirements for UVC 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 UVC district which abuts residentially zoned property shall have a minimum ten-foot landscaped screening buffer adjacent to all residentially zoned property, which will be subject to county staff approval. 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;

4.

Buffering of noise; and

5.

Establishment of privacy.

b.

Standards. Buffers or berms shall be required when a UVC district is located adjacent to a residential district; a minimum ten-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, buffers should provide a maximum 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 ten-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.

Where possible, 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 to be determined by the board of commissioners on a case by case basis considering nature and character of surrounding properties.

(8)

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

(9)

Lighting requirements. Any project permitted within the UVC district which proposes a lighted facility 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. See section 134-271 for special exception uses and requirements for all districts.

(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 UVC district are the designated uses listed in sections 134-36 and 134-37.

(12)

Use limitations.

a.

Maximum floor area ratio is 0.25.

b.

All structures located within a UVC district shall be appropriately scaled in relation to the transitional nature of the immediate area.

c.

All refuse and designated recycling collection location facilities must be contained within completely enclosed facilities.

d.

No adult entertainment uses are permitted.

e.

No overnight parking of commercial vehicles is permitted, except for mini-vans or cars.

f.

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 or permanent outside display is permitted, unless otherwise allowed in this article. Within the LRC district, outside storage shall not include commercial vehicles used for a permitted use. Outside storage shall include any automobiles or vehicles that are being repaired or serviced in conjunction with a permitted use.

g.

No drive-in establishments are permitted.

h.

No uses that emit noxious odors, fumes or sounds are permitted.

i.

No outside runs are permitted with any veterinary office use permitted within this district.

j.

Eating and drinking establishments shall not exceed 3,000 square feet and shall not allow bars or nightclubs.

k.

Residential densities may also be limited in overall acreage due to intense deforestation, drainage, erosion and sedimentation concerns associated with such development.

l.

Maximum impervious surfaces (80 percent—RAC, 70 percent—CAC and NAC) shall be established within activity centers as identified by the Cobb County Comprehensive Plan, as may be amended from time to time.

m.

Special requirements:

1.

Residential density shall be determined by the board of commissioners on a case by case basis considering nature and character of surrounding properties.

2.

The minimum floor area of any residential dwelling shall not be less than 1,000 square feet.

3.

No residential dwelling unit shall occupy a ground floor.

4.

All retail sales and personal service establishments shall be located on a ground floor.

5.

The gross floor area occupied by nonresidential uses shall not exceed 50 percent of the total gross floor area of the buildings or individual structures.

6.

Approval by the county fire marshal is required.

7.

The residential portion of the development shall be completed and operational prior to issuance of certificate of occupancy for the commercial portion.

8.

No loading docks or facilities may be located in the front of any primary structure.

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 in excess of 1,000 square feet of gross space shall be located to the rear of the primary structure and at least 40 feet from any residential property line. 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. Permitted accessory structures and uses are as follows:

a.

Accessory storage buildings, to include parking garages, subject to the following conditions:

1.

Maximum height is two stories, not to exceed 35 feet.

2.

Such structures shall be located on the same lot as and to the rear of the principal building to which they are accessory.

3.

No accessory building shall be constructed upon a lot until construction of the principal building has commenced.

4.

On a corner lot, no accessory building shall be located closer to the side street right-of-way line than the principal building.

5.

When abutting any other nonresidential district, no garage or other accessory building shall be located closer than five feet to a side or rear lot line.

6.

When an accessory building is attached to the principal building by a breezeway, passageway or similar means, it shall comply with the yard requirements of the principal building to which it is accessory.

7.

Where any nonresidential lot adjoins the side or rear of a residential lot, an accessory building shall not be located within any required buffers.

b.

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

c.

Carwashes accessory to convenience food stores with self-service fuel.

d.

Heating and air conditioning units, subject to the following conditions:

1.

When abutting any residential property line, heating and air conditioning units shall not be located within any required buffers.

2.

When abutting any other nonresidential district, no heating and air conditioning units shall be located closer than five feet to a side or rear lot line.

3.

Heating and air conditioning units may be installed on the roof of any structure zoned commercially so long as the heating and air conditioning unit does not exceed the height restrictions stated in this section and the units are placed so as to be hidden from a front or side view.

e.

Incidental storage, provided that the material stored is incidental to the permitted use, as determined by the zoning division manager 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; Ord. of 12-11-90, § 3-28-7.23; Ord. of 8-13-91; Ord. of 6-9-92; Ord. of 7-11-95; Ord. of 2-27-96; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 9-10-02; Ord. of 12-9-03; Ord. of 1-13-04; Ord. of 7-27-04; Ord. of 7-26-05; Ord. of 8-9-05; Ord. of 1-24-06; Amd. of 2-25-14; Amd. of 2-24-15; Amd. of 2-28-17)