§ 134-226. TS tourist services district.  


Latest version.
  • The regulations for the TS tourist services district are as follows:

    (1)

    Purpose and intent. The TS district is established to provide locations for commercial and service uses which are oriented toward automotive businesses and interstate and state highway travelers. The board of commissioners has determined that TS zoning will only be allowed on properties designated as community activity centers, regional activity centers, industrial compatible and heavy industrial as identified in the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. See subsection (11) of this section, pertaining to use limitations, for those uses no longer appropriate.

    (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.

    Adult entertainment. See section 134-268 for definitions which apply to all adult entertainment establishments.

    b.

    Automotive storage yard (damaged and confiscated vehicles) means an establishment used for the shortterm storage of damaged or confiscated vehicles.

    c.

    Automotive paint and body repair shop means an establishment for restoring auto bodies, painting or refinishing, with all activities carried on entirely within an enclosed building.

    d.

    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.

    e.

    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.

    f.

    [Reserved.]

    g.

    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 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.

    h.

    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.

    i.

    Heavy automotive repair establishment means an indoor/outdoor repair establishment for performing automotive and truck repair, including engine and transmission overhauls.

    j.

    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.

    k.

    Neighborhood retail uses means commonly found low scale and low intensity retail uses, with square footages not to exceed 6,000 square feet unless noted in this subsection, that offer basic services and frequently purchased goods to the immediate surrounding residential areas, such as but not limited to the following: auto parts 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 store (provided that the gross floor area does not exceed 20,000 square feet total), 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 (provided that the gross floor area does not exceed 70,000 square feet), tailor shop, toy store, variety shop or video store.

    l.

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

    m.

    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.

    n.

    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:

    Amphitheaters.

    Assembly halls.

    Athletic and health clubs.

    Automobile, truck and trailer lease and rental establishments (accessory use), subject to the following:

    1.

    Minimum lot size is 20,000 square feet.

    2.

    Such use shall not occupy more than ten percent of the lot area.

    3.

    No more than six trailers shall be permitted outdoors on the lot at one time.

    4.

    No rental or lease of units other than or larger than those described in this subsection shall be permitted.

    5.

    Parking areas for the permitted trailers shall be located only in portions of the lot where off-street parking is permitted, but no such area or space shall occupy spaces set aside for required off-street parking or use by cars awaiting service. No trailer shall be parked within 30 feet of the future right-of-way line or in any way which interferes with normal traffic flow to, within or out of the lot.

    6.

    All parking areas shall be clearly marked, and no unit shall be parked outdoors other than within such boundaries except when being serviced.

    Automobile, truck and trailer lease establishments (principal use), subject to the following:

    1.

    Vehicles shall be set back at least 30 feet from the future street right-of-way line and 20 feet from any other property line.

    2.

    All parking areas shall be clearly marked, and no unit shall be parked outdoors other than within such boundaries except when being serviced.

    Automotive and truck sales and service facilities.

    Automotive paint and body repair shops.

    Automotive parking lots or garages.

    Automotive upholstery shops.

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

    Boat sales and service establishments, so long as all boats and vehicles are set back at least 30 feet from the future right-of-way line.

    Bus stations.

    Carwashes.

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

    Clubs or lodges (noncommercial).

    Commercial produce and agricultural product stands.

    Community fairs.

    Community retail uses.

    Convenience food stores with self-service fuel sales.

    Cultural facilities.

    Designated recycling collection locations.

    Eating and drinking establishments, including drive-in fast food restaurants.

    Emissions and inspections stations. (No temporary buildings/tents to be utilized after June 30, 1998.)

    Executive golf courses (see section 134-270).

    Film developing and printing facilities.

    Freestanding ice vending machines. The following minimum standards shall apply to freestanding ice vending machines:

    1.

    Architectural style must be similar to or complimentary to the architectural styles of contiguous properties and consistent with the county's architectural guidelines.

    2.

    Any roof-mounted utility, conditioned air unit or other mechanical device associated with the operation of the machine must be screened from the view of public right-of-way with an architectural feature similar to or complimentary to the architectural styles of contiguous properties. Further, these utilities, units or mechanical devices must include a noise abatement feature or device that abates noises or sounds from adjacent residential property.

    3.

    Special land use permit as required in section 134-37.

    Full service gasoline stations.

    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.

    Light automotive repair establishments.

    Motels.

    Nonprofit (seasonal use) fishing lakes.

    Nursery schools and child day care centers.

    Office service and supply establishments.

    Overnight travel trailer parks (14-day parking limitation).

    Parking for vehicles.

    Photography studios.

    Private parks.

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

    Professional offices.

    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.

    Self-service fuel sales.

    Temporary uses.

    (4)

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

    a.

    Minimum lot size: 20,000 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 TS DISTRICT

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

    134-226.png

    TS 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 TS district which abuts a residentially zoned property shall have a 40-foot landscaped screening buffer adjacent to all residentially zoned property, which will be subject to the county landscape architect's approval. The board of commissioners specifically notes that it discourages locating TS 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.

    Standards. Buffers or berms shall be required when a TS district 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 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 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 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 50 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 TS 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 TS district are the uses listed in section 134-271.

    (11)

    Reserved.

    (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 TS 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.

    Circuses and carnivals subject to provisions established in sections 78-151 through 78-167 of the Cobb County Code.

    b.

    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.

    (13)

    Use limitations.

    a.

    Maximum floor area ratio is 0.5 for office uses and 0.25 for retail uses.

    b.

    All refuse and recycling dropoff center collection facilities must be contained within completely enclosed facilities.

    c.

    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.

    d.

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

    e.

    Kitchenettes or kitchen facilities are prohibited in motels.

    f.

    Outdoor displays of merchandise must comply with the provision in section 134-267.

    g.

    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.

    h.

    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.

    (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 zoning division manager 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 buildings are as follows:

    a.

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

    1.

    Maximum height of 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 12-11-90, § 3-28-7.33; 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 11-23-99; Ord. of 5-9-00; Ord. of 7-10-01; Ord. of 9-10-02; Ord. of 7-27-04; Ord. of 2-26-08; Ord. of 7-14-09; Ord. of 8-10-10; Ord. of 7-23-13; Amd. of 2-25-14; Amd. of 2-24-15; Amd. of 2-23-16)