§ 134-217. PVC planned village community district.

Commencing January 1, 1998, no new applications for a Special Land Use Permit for Self-service Storage Facilities (SSSF) are to be accepted by the board of commissioners. The regulations for the PVC planned village community district are as follows:

(1)

Purpose and intent. The PVC district is established to provide locations and encourage flexible site plans and building arrangements under a unified plan of development rather than lot-by-lot regulation for retail commercial and service uses which are designed and oriented to be self-sufficient neighborhoods making up a community. The developer benefits from better land utilization and economy in the provision of roads and utilities and overall site design. Projects developed within a PVC district should be designed to compact unified retail centers within the center of the community. Projects developed within a PVC district should occupy a quadrant of an intersection and only have ingress and egress from a major or collector street or state highway which is delineated within any land use category other than industrial or industrial compatible as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. Additionally, the desired quadrant location will provide for planned developments and one-destination shopping and service locations to serve the community, and will minimize traffic congestion.

(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.

Clinic. A medical or dental clinic is an organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic shall include laboratory facilities in conjunction with normal clinic services.

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.

Convenience food store with self-service fuel sales means any retail establishment offering for sale automotive fuels, prepackaged food products, beverages, household items and other goods commonly associated with the such establishments. There shall be no automotive repairs done on-site.

d.

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

e.

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.

f.

Light automotive repair establishment means an indoor repair establishment (no outside storage) for performing light auto and small truck repair (under one ton) such as brake repair, oil changes, lubrication, transmission repair, installation of belts and hoses, inspections and the like.

g.

Neighborhood retail uses means commonly found low scale and low intensity retail uses, with square footages not to exceed the limitations established in this specific chapter, that offer basic services and frequently purchased goods to the immediate surrounding residential areas, such as but not limited to the following: auto store, antique shop, appliance store (home use), bakery, barbershop or beauty shop, beverage shop, bookstore (but not including adult bookstores), bridal shop, camera shop, china and pottery store, clothing store, dance studio, delicatessen, dog grooming shop, draperies and interior decorating supplies, drugstore or hardware, dry goods store, florist, furniture store, gifts and stationery store, jewelry store, manicurist shop, meat market or butcher shop, millinery store, mimeograph and letter shop, music store, novelty shop, paint store, pedicurist shop, shoe repair shop, shoe store, sporting goods store, supermarket or grocery, tailor shop, toy store, variety shop or video store.

h.

Nonautomotive repair uses means commonly found low intensity repair shops such as jewelry, camera, home appliance, television and videocassette recorder repair shops.

i.

Office service and supply establishments means wholesale and retail commercial establishments that sell, service and supply small office equipment and supplies, such as stores that offer sales of copiers, facsimile machines, typewriters, ribbons, transcribers, dictation equipment, tape, staplers and other general office equipment.

j.

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:

Animal hospitals (only within CAC or RAC).

Athletic and health clubs (only within CAC or RAC).

Banks and financial institutions with drive-in establishment or automated transfer machines.

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

Clinics.

Clubs or lodges (noncommercial) (only within CAC or RAC).

Community retail uses (only within CAC or RAC).

Convenience food stores with self-service fuel sales, provided that the building shall not exceed 3,000 square feet in gross floor area and that no automotive repairs shall be done on-site.

Corporate or administrative offices for any permitted uses (only within CAC or RAC).

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 employee parking on the site unless approved by the board of commissioners in accordance with section 134-36 of the Cobb County Code.

Cultural facilities.

Customary home occupations.

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

Film developing and printing facilities.

Full service gasoline stations (only within CAC or RAC).

Funeral homes.

Group homes.

Hotels (only within CAC or RAC).

In-home day care.

Laundry and dry cleaning pickup establishments.

Light automotive repair establishments (only within CAC or RAC).

Multifamily dwelling units.

Neighborhood retail uses.

Nonautomotive repair service establishments.

Nursery schools and child day care centers.

Office service and supply establishments (only within CAC or RAC).

Parking for vehicles.

Photography studios.

Professional offices.

Rest homes, personal care homes and convalescent homes.

Self-service laundry facilities.

Single-family dwelling units (attached).

Single-family dwelling units (detached).

Studios and supplies, provided that no more than 50 percent of total gross floor area will be used for storage.

Temporary uses.

Townhouse dwelling units (attached).

(4)

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

a.

Minimum lot size: 200,000 square feet.

b.

Minimum lot width at front setback line: 200 feet.

c.

Minimum public road frontage: 100 feet.

d.

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

MINIMUM BUILDING SETBACK REQUIREMENTS FOR PVC DISTRICT

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

Minimum Building Setback Requirements for PVC 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 a PVC district which abuts residentially zoned property shall have a 40-foot landscaped screening buffer adjacent to all residentially zoned property, which will be subject to county staff's approval. The board of commissioners specifically notes that it discourages locating PVC districts and developments adjacent to single-family residential districts, unless in a planned mixed use project with nonresidential development located within the center of the project and residential development, with lot sizes compatible to existing neighborhoods, required on the periphery/exterior of the property. 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 PVC is located adjacent to a residential district; a minimum 40-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 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 40-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 also 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.

(7)

Building and structure requirements. Maximum building height is 75 feet, unless located within a RAC. When located in a RAC, building heights will be approved by the board of commissioners on a case by case basis (RAC—as approved by the board of commissioners, CAC—four stories, NAC and Residential—two stories). The board of commissioners shall consider the RAC's sub area classification and any specific text related to transitional land uses, densities and building heights.

(8)

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

(9)

Lighting requirements. Any project permitted within the PVC 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 use requirements for all districts. Special exception uses for the PVC district are the uses listed in section 134-271.

(11)

Special exception uses for community activity center only. The following uses, with the proper scrutiny and conditions, may be considered as special exception uses within the PVC district, only if they are within properties delineated as community activity center as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. Any special exception use, for community activity centers only, shall adhere to the landscape buffer and screening requirements in subsection (5) of this section.

a.

Animal hospitals;

b.

Athletic and health clubs;

c.

Clubs or lodges (noncommercial);

d.

Community retail uses;

e.

Corporate or administrative offices for any permitted uses;

f.

Full service gasoline stations;

g.

Hotels (non-suite);

h.

Light automotive repair establishments;

i.

Office service and supply establishments;

(12)

Special exception uses for regional activity center only. The following uses, with the proper scrutiny and conditions, may be considered as special exception uses within the PVC district, only if they are within properties delineated as regional activity centers as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. Any special exception use, for regional activity centers only, shall adhere to the landscape buffer and screening requirements in subsection (5) of this section.

a.

Animal hospitals;

b.

Athletic and health clubs;

c.

Clubs or lodges (noncommercial);

d.

Community retail uses;

e.

Corporate or administrative offices for any permitted uses;

f.

Full service gasoline stations;

g.

Hotels (non-suite);

h.

Light automotive repair establishments;

i.

Office service and supply establishments;

(13)

Use limitations. A PVC development shall meet at the minimum the following:

a.

General standards are as follows:

1.

The development shall be compatible with the topography of the land and shall preserve any unusual topographic or natural features.

2.

The development shall not adversely affect developed or undeveloped neighboring properties.

3.

The development shall utilize design and development features that would not be possible by the application of lot-by-lot zoning district regulations.

4.

Water, sewerage, highway and school facilities shall be adequate for the proposed development, or there shall be a definite proposal for making them so.

5.

Nonresidential uses must be located within the center/interior of the project and compatible residential uses must be on the periphery/exterior of the project so to protect adjacent residential areas.

b.

A PVC may be located within any category other than industrial or industrial-compatible as defined by the Cobb County Comprehensive Plan: A Policy Guide, as amended from time to time, so long as it meets the standards set forth in this section and is compatible with surrounding uses and zoning districts.

c.

A PVC shall require 25 contiguous acres.

d.

Common open space requirements are as follows:

1.

A minimum of 550 square feet per dwelling unit in a PVC shall be reserved for open space, parks, or other recreational or public uses, subject to the following:

i.

No more than 50 percent of the land so reserved may lie in a floodplain or wetland.

ii.

While such open space shall not be required to be contiguous, the open space must be useable and functional open space, parks, or other recreational or public uses and must be permanently protected via conservation easement or restrictive covenants in favor of the county for conservation uses.

2.

The required yards, parking and right-of-way areas shall not be credited toward the minimum open space requirements.

3.

The amount of required common open space will be automatically reduced as the density of development is reduced and will be automatically increased as the density of development is increased.

4.

The required open space shall be developed and landscaped by the developer in accordance with an approved landscaping plan.

e.

All PVC developments shall be zoned and subject to a specific site plan.

f.

Commercial uses must be located within the center/interior of the project and compatible residential uses must be on the periphery/exterior of the project so to protect adjacent residential areas.

g.

The entire PVC shall be included within private deed covenants running with the land to ensure the continuance of the PVC in accordance with approved plans and development.

h.

For off-street parking requirements, see the parking standards in section 134-272.

i.

Requirements for retail sales and services are as follows:

1.

Area requirements. Area requirements for a PVC within any residential land use category as defined by the county comprehensive plan, as may be amended from time to time. There shall be a maximum of 5,000 square feet of total net floorspace for retail sales and services as permitted in this section for each 100 dwelling units in a PVC district having an area of not less than 50 contiguous acres. Land may be reserved for the maximum permitted retail sales and service development, but the permitted square feet of retail sales and service floor area may be built only as the required ratio of dwelling units has been constructed.

2.

Structures. Retail sales and services shall be conducted entirely within a wholly and permanently enclosed building which shall be of an architectural design compatible with the residential structures within the PVC.

3.

Relation to residentially developed property lying outside planned village community. The sides, rear or front of a lot developed for retail sales and services or multifamily dwellings shall neither abut nor lie across the street from property lying outside the PVC that is developed with one-family houses unless properly buffered in accordance with a landscape plan approved by the board of commissioners.

j.

Any signage for office and commercial uses shall be limited to a single ground-based monument-style sign as provided in article VI of this chapter.

k.

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

l.

All of the land in a PVC shall be owned initially by an individual, corporation, partnership or some other legal entity. Individual properties in a PVC may be sold after a final plat has been duly recorded, with the properties subject to private deed covenants that ensure the continuance of the PVC as originally approved. A PVC may contain a mix of the residential uses permitted in this section together with a limited amount of office and commercial uses limited by the density set forth in this section.

m.

Any emission or automotive inspection station shall be located within a permanent facility. (No temporary buildings/tents are to be utilized after June 30, 1998.) Effective April 1, 2014, any new applications (zoning applications, building permit related applications including tenant finish operations and certificate of occupancy applications) for emission or automotive inspection stations within permanent facilities shall mean an indoor inspection establishment (no outside storage) with fully enclosed service bay(s) with operable door(s) for performing emission and automotive inspections/testing. The permanent facility must be compliant with the adopted building regulations found in chapter 18 of the Cobb County Code.

n.

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

o.

The side yard setbacks may be waived except along the exterior boundaries of the development.

p.

No adult entertainment uses are permitted.

q.

A PVC shall have ingress and egress only on a major or collector street or state highway.

r.

Kitchenettes or kitchen facilities are prohibited in motels.

s.

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

t.

Area requirements for a PVC within a NAC, CAC or RAC as defined by the county comprehensive plan, as may be amended from time to time. There shall be a maximum of 70,000 square feet of total net floor space for retail sales and services as permitted in this section for each 100 dwelling units in a PVC district having an area of not less than 50 contiguous acres located within a NAC. There shall be a maximum of 140,000 square feet of total net floor space for retail sales and services as permitted in this section for each 100 dwelling units in a PVC district having an area of not less than 50 contiguous acres located within a CAC. There shall be a maximum of 210,000 square feet of total net floor space for retail sales and services as permitted in this section for each 100 dwelling units in a PVC district having an area of not less than 50 contiguous acres located within a RAC. Land may be reserved for the maximum permitted retail sales and service development, but the permitted square feet of retail sales and service floor area may be built only as the required ratio of dwelling units has been constructed.

u.

Net residential densities within any PVC should be generally consistent with the density recommended for the property via the county comprehensive plan, as may be amended from time to time. The board of commissioners will consider the character of surrounding land uses when determining whether proposed residential densities are generally consistent with the county comprehensive plan, as may be amended from time to time. The board of commissioners will also consider the amount of open space proposed, as well as width and type of buffers proposed for adjacent residential properties. Residential densities may also be limited in overall acreage due to intense deforestation, drainage, erosion and sedimentation concerns associated with such development.

v.

Eating and drinking establishments, excluding bars or nightclubs, shall be a maximum of 3000 square feet for a PVC within any residential category as defined by the county comprehensive plan, as may be amended from time to time.

w.

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.

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.

(14)

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.

Freestanding parking garages, subject to the following conditions:

1.

Maximum height is 50 feet, with no more than four stories.

2.

When abutting any residential property line, freestanding parking garages shall not be located within any required buffers.

3.

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

e.

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.

4.

No ground-based heating and air conditioning unit shall exceed 35 feet in height.

f.

Incidental storage, 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; Ord. of 9-3-75, §§ 3—5; Ord. of 12-11-90, § 3-28-7.24; Ord. of 8-13-91; Ord. of 6-9-92; Ord. of 7-11-95; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 12-9-97 (eff. 1-1-98); Ord. of 9-12-00; 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; Amd. of 2-25-14; Amd. of 2-28-17; Amd. of 10-23-18)