§ 134-221.1. UC urban condominium residential district.

The regulations for the UC urban condominium residential district are as follows:

(1)

Purpose and intent. The UC district is established to provide locations for the development of high rise residential condominium dwelling units, including the combination of low and midrise condominium buildings. The dwelling units are to be designed as pedestrian oriented, within close proximity to employment centers. This high rise residential use is designed to be located within or on the edge of properties delineated for 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 UC district, they should be designed and built to ensure intensity and density compatibility with adjacent land uses 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.

Condominium means individual ownership of units in a multifamily structure, together with the joint ownership of common areas of the building and grounds.

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, or as specified in the condominium declaration and bylaws if more restrictive:

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 one and one-half 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.

(3)

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

Condominiums.

Customary home occupations.

Designated recycling collection locations.

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

Neighborhood retail uses, provided that the total square footage of the uses does not exceed ten percent of the total floor area of the condominium structure(s). Further provided that no adult entertainment uses or automotive related uses shall be allowed.

Parking for vehicles.

Personal vehicle and equipment sales.

(4)

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

a.

Minimum tract size: No minimum tract size.

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 UC DISTRICT

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

Minimum Building Setback Requirements for UC 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 UC 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 a UC 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. There shall be no maximum building height for urban condominiums constructed within properties delineated for a regional activity center as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. Rather, the number of stories and building heights for these projects will be determined on a case by case basis because of the unique urban characteristics of regional activity centers.

(8)

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

(9)

Lighting requirements. Any project permitted within the UC 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. Please see section 134-271 for special exception uses and requirements for all districts. Special exception uses for the UC 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 UC district are the designated uses listed in sections 134-36 and 134-37.

(12)

Use limitations.

a.

There shall be no maximum units per acre figure within properties delineated for a regional activity center as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. Rather the densities for these projects will be determined on a case by case basis because of the unique urban characteristics of regional activity centers. The overall density of a development may be reduced due to topography, drainage, deforestation or sediment and erosion concerns.

b.

Maximum acreage is ten acres.

c.

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.

d.

No adult entertainment uses are permitted.

e.

No materials, equipment or business vehicles may be stored or parked on the premises, except as specified in the condominium declaration and bylaws. If single-family detached dwellings are developed in areas zoned UC, 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 garage, carport 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. There shall be no more than two full time employees permitted on site for any allowable customary home occupation or business.

f.

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

g.

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

h.

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 or as otherwise prohibited in the condominium declaration and bylaws.

i.

Impervious surface shall not exceed 55 percent of the total site area.

j.

A mandatory homeowners' association must be formed and incorporated which provides for building and grounds maintenance and repair, insurance and working capital. Said association must also include condominium declaration and bylaws, including rules and regulations, subject to staff review and approval. The declaration and bylaws shall not be enforced by the county. The declaration and bylaws shall, at a minimum, regulate and control the following:

1.

Animals.

2.

Signs.

3.

Exterior items such as fences, lawn ornaments and removal of landscape areas and buffers.

4.

Building improvements.

5.

Outside storage.

6.

Overnight parking of vehicles.

7.

Decorations.

8.

Trash collection.

9.

Restrictions/definitions on single-family residential use only, and leasing of units.

k.

No more than two buildings which are four stories or less may be attached side by side.

l.

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

m.

All UC projects must be site plan specific.

n.

Minimum unit size must be established for each development. The minimum unit size must be compatible with the character of the surrounding community and the character of the proposed development.

o.

A maximum of up to ten percent of the units may be leased. The board of commissioners on a case by case basis may consider requests for other percentages of leased units. These requests will be considered a major change and will be required to follow the normal zoning process to include all applicable public notification and public hearing requirements.

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.

a.

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

1.

There shall be no maximum building height for accessory building structures uses or decks, which are part of urban condominiums. Rather, the number of stories and building heights for these uses will be determined on a case by case basis because of the unique urban characteristics of regional activity centers.

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 6-23-98; Ord. of 2-8-00; Ord. of 9-10-02; Ord. of 1-25-05; Ord. of 7-26-05; Ord. of 7-25-06; Ord. of 7-27-10; Ord. of 7-24-12; Amd. of 2-24-15; Amd. of 2-28-17)