§ 134-219. RMR residential mid-rise district.

Commencing April 4, 1996, no new applications for rezoning to the RMR district will be accepted by the board of commissioners. The regulations for the RMR residential mid-rise district are as follows:

(1)

Purpose and intent. The RMR district is intended to provide for higher density residential uses (not to exceed 33 DUA) located in areas designated as regional activity centers as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990.

(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.

Accessory retail uses means retail sales and services accessory to the operation of an office building or institutional use, motel, hotel or high-rise residential development, conducted wholly within the building housing the use to which such activities are accessory, provided that the floorspace used or to be used for such accessory retail uses shall be limited to a total of 25 square feet per dwelling unit in a high-rise residential development or 25 square feet per room in a hotel or motel, or ten percent of the net floor area in an office building or institutional use, and provided that:

1.

Every public entrance to such a use shall be from a lobby, hallway or other interior portion of the primary use structure;

2.

No show window, advertising or display shall be visible from the exterior of the primary use structure;

3.

No merchandise shall be stored or displayed outside of the primary use structure.

4.

Accessory retail uses shall include eating and drinking establishments, barber shops, beauty shops, laundry and dry cleaning pickup establishments, news stands, florists' gift shops, film developing and printing facilities, stationery stores, shoe repair shops, or convenience food stores (no fuel sales).

5.

Accessory retail use square footage must be in the primary building it serves; accessory use square footages cannot be allocated to other buildings in a multibuilding development.

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.

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, with a manufacturer's towing or carrying capacity rating of less than 1½ tons, 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.

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 so 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.

e.

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 200 feet from any property line.

3.

All animals shall be maintained at least 25 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.

f.

Nonprofit riding stable means a building for the shelter and feeding of domestic animals, especially horses.

1.

Such stable shall be established on a lot having an area of not less than ten acres.

2.

Any structure shall be located at least 200 feet from any property line.

3.

All animals shall be maintained at least 100 feet from any property line.

(3)

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

Community fairs.

Condominiums.

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.

High-rise apartments, subject to the regulations in this section.

In-home day care.

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

Nonprofit (seasonal use) fishing lakes.

Nonprofit riding stables.

Parking for vehicles.

Personal vehicle and equipment sales.

Temporary uses.

(4)

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

a.

Minimum lot size: 40,000 square feet.

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 RMR DISTRICT

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

RMR 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 RMR district which abuts a residentially zoned property shall have a minimum 50-foot landscaped screening buffer adjacent to all residentially zoned 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;

4.

Buffering of noise; and

5.

Establishment of privacy.

b.

Standards. Buffers or berms shall be required when an RMR district is located adjacent to a more restrictively zoned residential district; a minimum 50-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 50-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. Minimum building height is four stories or 40 feet. Maximum building height is eight stories or 75 feet.

(8)

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

(9)

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

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

(12)

Use limitations.

a.

Maximum DUA for high density residential uses is 33 DUA.

b.

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

c.

No outside storage is permitted. Within the RMR district outside storage shall not include commercial vehicles.

d.

No drive-in establishments are permitted.

e.

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

f.

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

g.

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.

h.

No adult entertainment uses are permitted.

i.

No materials, equipment or business vehicles may be stored or parked on the premises, except that one business vehicle, the carrying or towing capacity of which shall not exceed 1½ tons, 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.

j.

All uses are subject to chapter 110, pertaining to subdivisions.

k.

Maximum impervious surface shall not exceed 35 percent.

l.

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.

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 pads, heating and air conditioning units, jacuzzis, tennis courts, swimming pools (private), playhouses and playgrounds.

3.

All accessory uses shall be located to the rear of the principal building, except for heating and air conditioning units or garbage pads, which may be located on the side or rear.

4.

The rear of the principal building shall be where the main portion of the building ends without consideration of wings.

5.

Such structures or buildings shall be located on the same lot as and to the rear of the principal building to which they are accessory. Decks may be located to the rear or side of the principal building subject to the limitations in this subsection.

6.

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

7.

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

8.

No garage or other accessory building, structure, use or deck shall be located closer than five feet to a side or rear lot line or within any required buffers, whichever is greater.

9.

When an accessory building, structure or use is attached to the principal building by a breezeway, passageway or similar means, it shall comply with the yard and buffer requirements of the principal building to which it is accessory. This shall not apply to decks.

b.

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

c.

Freestanding and attached parking garages are subject to the following conditions:

1.

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

2.

When abutting any residential property line, a freestanding or attached parking garage shall not be located within any required buffers.

3.

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

d.

Heating and air conditioning units are 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.

e.

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, § 3-28-7.26; Ord. of 8-13-91; Ord. of 6-9-92; 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 5-9-00; Ord. of 9-10-02; Ord. of 1-24-06; Amd. of 2-24-09; Amd. of 2-28-17)