§ 134-227. GC general commercial 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 GC general commercial district are as follows:

(1)

Purpose and intent.

a.

The GC district is established to provide locations for retail commercial and service uses which are oriented toward automotive businesses, are land intensive with a need for major road access and visibility, are generally not listed as a permitted uses within the NRC (neighborhood retail commercial) and CRC (community retail commercial) districts or may have existing stipulations and conditions that limit certain intensive uses and are located in areas delineated within a community activity center and regional activity center as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. Any existing GC district, developed or undeveloped, located within an area delineated within an industrial-compatible area or industrial area as shown on the comprehensive plan, shall be deemed to be a grandfathered, nonconforming use after January 1, 1991, and subject to those provisions contained in this chapter.

b.

Any existing, developed GC zoning/use located outside of a community activity center or regional activity center shall be deemed to be a grandfathered, nonconforming use and subject to those provisions contained in this chapter. Should any undeveloped property zoned GC outside of a community activity center or regional activity center fail to commence development by January 17, 1996, the owner of such property shall be required to bring the property back in for rezoning consistent with the comprehensive plan prior to any development. Obtaining a building permit or grading permit for such development shall be deemed to be commencing development. Due to the fact that general commercial has been the predominant commercial zoning district since its inception in 1972, the board of commissioners has determined that certain uses previously permitted are no longer appropriate for properties within an area delineated as a community activity center as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. See subsection (12) 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 establishments. See section 78-321 for definitions which apply to all adult entertainment establishments.

b.

Arcade means a building or part of a building in which five or more pinball machines, video games, other children's rides or other similar player-operated amusement devices are maintained, not including a commercial recreation restaurant.

c.

Amusement center means any freestanding, privately owned and operated commercial recreational area containing an assortment of rides, games, arcades, attractions, water slides, and tracks for amusement vehicles.

d.

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

e.

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.

f.

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.

g.

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.

h.

[Reserved.]

i.

Designated recycling collection location 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.

j.

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.

k.

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

l.

Light automotive repair establishment means an indoor repair establishment (no outside storage) with fully enclosed service bay(s) with operable door(s) for performing light auto and small truck repair and maintenance within the enclosed service bay(s) (under one ton) such as brakes, oil changes, lubrication, transmission, belts, hoses, inspections, tire mounting and installation and the like. Light automotive repair establishments adjacent to residentially zoned properties shall be required to incorporate noise abatement measures such as, but not limited to, landscaping, fencing, portable noise screen, or other equally effective industry accepted alternative. This amendment shall become effective July 1, 2013. Activities such as battery replacement, light bulb changes, wiper blade replacement, "check engine light" diagnostics, or other minor things done complimentary and the like may be done outside of a retail automotive parts store with non-powered hand tools.

m.

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

n.

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.

o.

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:

Adult entertainment.

Ambulance services, if accessory to a hospital or funeral home.

Amphitheaters.

Animal hospitals.

Arcades.

Assembly halls.

Athletic and health clubs.

Automobile, truck and trailer lease and rental facilities (principal or accessory).

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.

Billiards and pool halls, subject to chapter 78, article III, division 6, pertaining to pool rooms.

Boat sales and service establishments.

Boarding kennels (indoor), provided that no outside runs allowed, approval of county health department required, must not create a nuisance as defined by state law, building to be soundproofed, internal air exchange system required (excluding air conditioning system).

Building materials stores.

Bus stations.

Carwashes.

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.

Commercial greenhouses and plant nurseries, provided that all goods stored outside shall be stored in a designated area.

Commercial indoor recreation uses.

Commercial outdoor recreation uses.

Commercial produce and agricultural product stands.

Commercial recreation restaurants.

Community fairs.

Community retail uses.

Contractor (specialized) without heavy equipment.

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 or inspection stations. (No temporary buildings/tents to be utilized after June 30, 1998.)

Executive golf courses (see section 134-270).

Exterminating facilities (insect or rodent).

Farm and garden supply stores.

Farm equipment stores and repair establishments.

Farmers' markets (fully enclosed).

Film developing and printing facilities.

Fraternity and sorority houses and residence halls.

Freestanding climate controlled self-service storage facilities. The following minimum standards shall apply to freestanding climate controlled self-service storage facilities:

1.

Building height should not exceed those of adjacent buildings, nor impact the view shed of adjacent residential property.

2.

F.A.R. should be 2.0 or as determined appropriate by the board of commissioners.

3.

All units shall be accessed through a main or central entrance.

4.

All windows or similar architectural features must be "one way" and provide for an opaque screen from view outside of the building.

5.

Architectural style/design to be similar or complementary to the predominant architectural design of other commercial uses within the activity center. Said architectural style/design to be approved by the board of commissioners. Any roof-mounted utilities or building components must be sufficiently screened from view of adjoining properties and public right-of-way.

6.

There shall be no outside storage allowed nor overnight and/or long-term parking of heavy equipment, commercial equipment or parking of construction or related equipment allowed.

7.

There shall be no storage of recreational vehicles and no dry storage of pleasure boats of any type customarily maintained by private individuals for their personal use.

8.

There shall be no storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals.

9.

No units within the facility shall be used for or considered to be premises for the purpose of assigning a legal address in order to obtain an occupational license or any other government permit or licenses to do business.

10.

There shall be no resident manager or any type of overnight accommodations for such.

11.

Landscape plan to be approved by staff with emphasis on planting within the parking facilities.

12.

One parking space shall be provided per every 80 individual storage units/areas.

13.

Loading area, including adequate turnaround space for a tractor trailer vehicle, must be screened by a permanent architectural or landscape feature or as may be approved by the board of commissioners if not located to side or rear of proposed structure.

14.

Lighting plan to be approved by the board of commissioners.

15.

No units shall be used to manufacture, fabricate or process goods, to service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities, to conduct garage sales or retail sales of any kind, to rehearse or practice utilizing band instruments, or for conversion to an apartment or dwelling unit, or to conduct any other commercial or industrial activities on the site.

16.

Dumpster areas and detention areas must be sufficiently screened from view of adjoining properties and public right-of-way.

17.

Hours of operation to be established by the board of commissioners, considering the operational hours of surrounding businesses.

18.

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

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.

Funeral homes.

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.

Hospitals.

Hotels.

In-home day care.

Laundry and dry cleaning pickup establishments.

Light automotive repair establishments.

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

Motels.

Motorcycle, all-terrain vehicle (ATV) and three-wheel vehicle sales and service facilities.

Neighborhood retail uses.

Nightclubs.

Nonautomotive repair service establishments.

Nursery schools and child day care centers.

Office service and supply establishments.

Offices not elsewhere classified.

Other consumer goods and services.

Other service establishments.

Outdoor golf driving ranges (see section 134-270).

Parking for vehicles.

Pawnshops.

Photography studios.

Printing, publishing and lithography establishments, provided that no more than 50 percent of the total gross floor area will be used for storage.

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.

Reupholstery and furniture repair establishments.

Roominghouses and boardinghouses.

Self-service fuel sales.

Self-service laundry facilities.

Shelters (homeless).

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

Taxistands and taxi dispatching agencies.

Temporary uses.

Theaters.

Tire retreading and recapping facilities.

Vending machine sales, service, rental or repair establishments.

Zoos.

(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 GC DISTRICT

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

GC 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 GC 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 the county landscape architect's approval. The board of commissioners specifically notes that it discourages locating GC 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 GC 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 provide a 100 percent 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 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 GC 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 are as follows:

a.

The uses listed in section 134-271.

b.

Flea markets, provided that the applicant meets the requirements of chapter 78, article V.

(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 GC 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.

Automobile and truck sales and service facilities (used or pre-owned separate from a new car dealership):

1.

Minimum of one acre of a paved surface is required for parking of vehicles, excluding any area used for, but not limited to buildings, offices, service or sales areas:

2.

If any entity sells more than five cars per year, they are considered a dealer which requires a county business license.

3.

A special land use permit is required as provided in section 134-37.

4.

All vehicles are required to be parked off any right-of-way or easement.

b.

Reserved.

c.

Climate controlled self-service storage facilities, when complementary or accessory to an office park or building.

The following minimum standards shall apply to climate controlled self-service storage facilities:

1.

Building height should not exceed those of adjacent buildings, nor impact the view shed of adjacent residential property.

2.

F.A.R. should be 1.0 or as determined appropriate by the board of commissioners.

3.

All units shall be accessed through a main or central entrance.

4.

All windows or similar architectural features must be "one way" and provide for an opaque screen from view outside of the building.

5.

Architectural style/design to be similar or complementary to the predominant architectural design of other commercial uses within the activity center. Said architectural style/design to be approved by the board of commissioners. Any roof-mounted utilities or building components must be sufficiently screened from view of adjoining properties and public right-of-way.

6.

There shall be no outside storage allowed nor overnight and/or long-term parking of heavy equipment, commercial equipment or parking of construction or related equipment allowed.

7.

There shall be no storage of recreational vehicles and no dry storage of pleasure boats of any type customarily maintained by private individuals for their personal use.

8.

There shall be no storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals.

9.

No units within the facility shall be used for or considered to be premises for the purpose of assigning a legal address in order to obtain an occupational license or any other government permit or licenses to do business.

10.

There shall be no resident manager or any type of overnight accommodations for such.

11.

Landscape plan to be approved by staff with emphasis on planting within the parking facilities.

12.

One parking space shall be provided per every 80 individual storage units/areas.

13.

Overall project must be accessed via a public or private roadway which is internal to the office park, building or shopping center; direct access to an adjoining public roadway shall be subject to approval by the board of commissioners.

14.

No freestanding signage shall be utilized; internal directional signage will be subject to approval by the board of commissioners.

15.

No units shall be used to manufacture, fabricate or process goods, to service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities, to conduct garage sales or retail styles of any kind, to rehearse or practice utilizing band instruments, or for conversion to an apartment or dwelling unit, or to conduct any other commercial or industrial activities on the site.

16.

Loading area, including adequate turnaround space for a tractor trailer vehicle, must be screened by a permanent architectural or landscape feature or as may be approved by the board of commissioners if not located to side or rear of proposed structure.

17.

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

18.

Hours of operation to be established by the board of commissioners, considering the operational hours of surrounding businesses.

(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 GC 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.

Adult entertainment establishments (see section 134-268 for required standards).

b.

Amusement centers, subject to the following minimum requirements:

1.

Minimum acreage is five acres.

2.

Such use shall not be located closer than 500 feet to any school property.

3.

Such use shall not be located closer than 200 feet to any residential property line.

4.

An overall parking and landscape plan shall be approved by county staff. The plan will provide for safe and efficient vehicle and pedestrian circulation and aesthetics.

c.

Automobile storage yards and wrecker services for damaged or confiscated vehicles, subject to the following minimum requirements:

1.

Such use shall be enclosed by a fence or wall not less than eight feet in height which provides visual screening.

2.

No dismantling, repair or other such activity shall be conducted.

3.

Such use shall be located at least 40 feet from any residential district or use.

4.

Such automobiles shall not be held longer than provided by state and county law.

5.

A special land use permit is required as provided in section 134-37.

d.

Automobile and truck sales and service facilities (used or pre-owned separate from a new car dealership):

1.

Minimum of one acre of a paved surface is required for parking of vehicles, excluding any area used for, but not limited to buildings, offices, service or sales area.

2.

If any entity sells more than five cars per year, they are considered a dealer which requires a county business license.

3.

A special land use permit is required as provided in section 134-37.

4.

All vehicles are required to be parked off any right-of-way or easement.

e.

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

f.

Coliseums, stadiums and convention centers (privately owned), with the following minimum requirements:

1.

Minimum acreage is ten acres.

2.

A special land use permit is required as provided in section 134-37.

3.

A traffic and parking plan shall be approved by the director of the county department of transportation.

4.

Hours of operation shall be approved by the board of commissioners at the time of the special land use permit public hearing.

5.

A noise abatement plan shall be approved by the board of commissioners at the time of the special land use permit public hearing.

g.

Crematories, human or animal, with the following minimum requirements:

1.

Minimum lot size is two acres.

2.

When abutting any residential property line, a 50-foot natural or landscaped buffer shall be approved by county staff (see subsection (5) of this section).

h.

Drive-in theaters, with the following minimum requirements:

1.

Minimum acreage is two acres.

2.

Driving and parking areas shall be paved.

3.

The theater screen, projection booth or other buildings shall be set back not less than 50 feet from any property line (unless the front setback is greater).

4.

The theater screen shall not be visible from an expressway, arterial or major collector roadway.

5.

No damaged or confiscated vehicles shall be stored on-site.

i.

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.

j.

Climate controlled self-service storage facilities, when complementary or accessory to an office park or building.

The following minimum standards shall apply to climate controlled self-service storage facilities:

1.

Building height should not exceed those of adjacent buildings, nor impact the view shed of adjacent residential property.

2.

F.A.R. should be 2.0 or as determined appropriate by the board of commissioners.

3.

All units shall be accessed through a main or central entrance.

4.

All windows or similar architectural features must be "one way" and provide for an opaque screen from view outside of the building.

5.

Architectural style/design to be similar or complementary to the predominant architectural design of other commercial uses within the activity center. Said architectural style/design to be approved by the board of commissioners. Any roof-mounted utilities or building components must be sufficiently screened from view of adjoining properties and public right-of-way.

6.

There shall be no outside storage allowed nor overnight and/or long-term parking of heavy equipment, commercial equipment or parking of construction or related equipment allowed.

7.

There shall be no storage of recreational vehicles and no dry storage of pleasure boats of any type customarily maintained by private individuals for their personal use.

8.

There shall be no storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals.

9.

No units within the facility shall be used for or considered to be premises for the purpose of assigning a legal address in order to obtain an occupational license or any other government permit or licenses to do business.

10.

There shall be no resident manager or any type of overnight accommodations for such.

11.

Landscape plan to be approved by staff with emphasis on planting within the parking facilities.

12.

One parking space shall be provided per every 80 individual storage units/areas.

13.

Overall project must be accessed via a public or private roadway which is internal to the office park, building or shopping center; direct access to an adjoining public roadway shall be subject to approval by the board of commissioners.

14.

No freestanding signage shall be utilized; internal directional signage will be subject to approval by the board of commissioners.

15.

No units shall be used to manufacture, fabricate or process goods, to service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities, to conduct garage sales or retail styles of any kind, to rehearse or practice utilizing band instruments, or for conversion to an apartment or dwelling unit, or to conduct any other commercial or industrial activities on the site.

16.

Loading area, including adequate turnaround space for a tractor trailer vehicle, must be screened by a permanent architectural or landscape feature or as may be approved by the board of commissioners if not located to side or rear of proposed structure.

17.

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

18.

Hours of operation to be established by the board of commissioners, considering the operational hours of surrounding businesses.

(13)

Use limitations.

a.

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

b.

All refuse and designated recycling collection location 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.

The following uses are no longer permitted if within a community activity center:

1.

Breeding and outdoor boarding kennels (allowable in LI, HI).

2.

Freight terminal (allowable in LI, HI).

3.

Dry cleaning plants (allowable in LI, HI).

f.

Any existing, developed GC zoning/use located outside of a community activity center or regional activity center shall be deemed to be a grandfathered, nonconforming use and subject to those provisions contained in this chapter. Should any undeveloped property zoned GC outside a community activity center or regional activity center fail to commence development by January 17, 1996, the owner of such property shall be required to bring the property back in for rezoning consistent with the comprehensive plan prior to any development. Obtaining a building permit or grading permit for such development shall be deemed to be commencing development.

g.

Any existing GC district, developed or undeveloped, located within an area delineated within an industrial-compatible or industrial area as shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990, shall be deemed to be a grandfathered, nonconforming use after January 1, 1991, and subject to those provisions contained in this chapter.

h.

Kitchenettes or kitchen facilities are prohibited in motels.

i.

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

j.

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.

k.

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 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 12-11-90, § 3-28-7.34; 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 12-9-03; Ord. of 7-27-04; Ord. of 7-26-05; Ord. of 6-27-06; Ord. of 2-26-08; Amd. of 3-24-09; Ord. of 7-14-09; Ord. of 8-10-10; Amd. of 2-26-13; Amd. of 2-25-14; Amd. of 2-24-15; Amd. of 2-23-16)

Note— On February 25, 2014 the Board of Commissioners amended Section 134-227 (General Commercial-GC) to clarify the Purpose and Intent of the Section. This action was not intended to prohibit property owners from applying for the General Commercial District or to direct staff from accepting applications for such. Rather, the amendment was approved to reinforce staff's effort and practice of recommending alternatives to the General Commercial District when appropriate.