§ 134-223. OS office/service district.

The regulations for the OS office/service district are as follows:

(1)

Purpose and intent. The OS district is established to provide locations for office and business distribution/service facilities, and assembly processes which do not emit noise, vibration, smoke, gas, fumes, odors or radiation and are located entirely within an enclosed building which do not involve manufacturing or fabrication of any product. No principal retail sales are allowed unless specified in this section. These uses are allowed on properties delineated within a RAC category, ICA category or an industrial category as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. Limited special exception uses may be allowed on properties delineated within a Neighborhood Activity Center as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990, and as may be amended from time to time.

(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 uses means retail sales and services ancillary to the operation the primary use(s) of an OS 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 less than half of the net floor area in a building(s), and provided that:

1.

Every public entrance to such a use shall be from the primary use structure(s);

2.

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

3.

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

4.

Accessory retail uses shall include eating and drinking establishments, barber shops, beauty shops, laundry and dry cleaning pickup establishments, 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.

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.

c.

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.

d.

Designated recycling collection locations means metal or heavy duty plastic containers designed for short-term 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 of zoning or his or her designee due to topography, safety, internal traffic flow, site distance or other site-related circumstances not created by the property owner.

e.

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.

(3)

Permitted uses. Permitted uses are as follows:

Assembly.

Athletic and health clubs.

Automotive parking lots or garages.

Bus stations.

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

Clinics.

Clubs or lodges (noncommercial).

Colleges and universities (private), including but not limited to research and training facilities.

Community fairs.

Corporate or administrative offices.

Designated recycling collection locations.

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.

Helicopter landing areas, provided that the area is fenced.

Hotels.

In-home day care.

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

Motels.

Nonprofit (seasonal use) fishing lakes.

Office service and supply establishments.

Outdoor golf driving ranges.

Parking for vehicles.

Photography studios.

Printing, publishing and lithography establishments.

Private parks.

Pro shops, if accessory to driving ranges or golf courses.

Professional offices.

Radio and television stations.

Radio, television and other communication towers and antennas, subject to section 134-273.

Recreation grounds other than tennis courts and golf courses.

Rest homes, personal care homes and convalescent homes.

Roominghouses and boardinghouses.

Studios and supplies.

Temporary uses.

Vocational schools (commercial).

Wholesale trade and distribution facilities.

Wholesale trade offices in conjunction with office showrooms, display and other facilities generally accessible to the public, provided that no more than 85 percent of the total gross floor area will be used for storage.

(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: 75 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 OS DISTRICT

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

OS 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 OS district which abuts a residentially zoned property shall have a minimum 30-foot landscaped screening buffer adjacent to all residentially zoned property. The buffer shall be subject to approval by county staff. The board of commissioners specifically notes that it discourages locating OS districts and developments adjacent to single-family residential districts, unless in a planned mixed use project. 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.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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.

7.

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

8.

When topography and existing conditions allow, the required 30-foot buffer should be an undisturbed buffer.

9.

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

c.

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

1.

Berms shall be utilized when consistent with surrounding property features.

2.

Berms shall be stabilized.

3.

Where possible, berms shall be constructed to be consistent with natural or proposed drainage patterns.

4.

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 52 feet, with no more than four stories.

(8)

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

(9)

Lighting requirements. Any project permitted within the OS 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 OS district are the uses listed in section 134-271.

(11)

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 OS 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.

Hotel (suite).

The following minimum standards shall apply to suite hotels:

1.

Minimum acreage is two acres.

2.

All rooms shall be accessed through a main or central lobby.

3.

No rooms shall access to the exterior of the building unless required by fire/safety regulations.

4.

The minimum number of floors allowed shall be three floors, unless otherwise approved by the board of commissioners.

5.

Architectural style/design to be approved by the board of commissioners.

6.

All buildings shall have a minimum roof pitch of a four in twelve as defined by applicable building codes.

7.

Conference, meeting or banquet facilities are allowed when supported by adequate parking and approved by the board of commissioners as part of the special land use permit.

8.

Restaurants or other type of eating facilities are allowed when supported by adequate parking and approved by the board of commissioners. "Continental" style dining for the guests of the facility only is allowed within or near the main or central lobby without additional parking.

9.

At a minimum, provisions for weekly cleaning for each suite must be provided.

10.

Each suite must be protected with a smoke detector and sprinkler system approved by the fire marshal or his designee.

11.

Each suite shall be required to include an automatic power off timer for each stove/cook top unit or other type burner.

12.

Parking shall be calculated as one space required for each suite, with an additional ten spaces provided for employees. Parking requirements for conference, meeting or banquet facilities or restaurants or other type of eating facilities within a suite hotel shall be calculated as provided for each use in section 134-272, "traffic and parking," in addition to the above parking requirements and approved by the board of commissioners.

13.

There shall be no outside storage allowed or long term parking of heavy equipment, or parking of construction or related equipment allowed.

14.

A landscaping plan is to be approved by staff with emphasis on planting within the parking facilities.

15.

No facility under this section is to be converted or used primarily as an apartment or condominium.

(12)

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

a.

Limited office service establishments provided that no single, individual use or structure shall exceed 5,000 square feet. For the purposes of this section, Limited Office Service establishments shall mean professional offices that include warehouse or storage space ancillary to the primary use. The following minimum standards shall apply to limited office service establishments:

1.

Architectural style/design to be approved by the board of commissioners.

2.

Site plan to be approved by the board of commissioners.

3.

Internal access and parking plan, with emphasis on any loading or docking facilities, including screening and buffering for such, to be approved by the board of commissioners.

4.

Landscaping plan, with emphasis on any loading or docking facilities, including screening and buffering for such, to be approved by the board of commissioners.

5.

There shall be no outside storage allowed or long-term parking of heavy equipment, or parking of construction-related equipment allowed.

(13)

Use limitations.

a.

When delineated in an area identified as a regional activity center category on the comprehensive plan land use map, the maximum floor area ratio will be 0.75.

b.

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

c.

No adult entertainment uses are permitted.

d.

No drive-in establishments are permitted.

e.

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

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 is permitted, unless otherwise allowed in this article.

g.

No bulk warehousing.

h.

Kitchenettes or kitchen facilities are prohibited in motels.

i.

Maximum impervious surfaces (80%-RAC, 70%-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 forth in this section. 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, 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 located within any required buffers.

b.

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

c.

Freestanding parking garages, subject to the following conditions:

1.

Maximum height: 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.

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.

4.

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

e.

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 12-11-90, § 3-28-7.30; Ord. of 8-13-91; Ord. of 6-9-92; Ord. of 2-28-95; Ord. of 7-11-95; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 7-10-01; Ord. of 7-27-04; Ord. of 2-27-07; Ord. of 2-26-08; Ord. of 2-28-12; Ord. of 7-23-13; Amd. of 2-24-15)