§ 134-228. RRC regional retail 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 RRC regional retail commercial district are as follows:

(1)

Purpose and intent. The RRC district is established to provide locations for intense retail commercial, office or mixed uses which exceed 500,000 net square feet and which are designed and oriented to serve a regional market making up a community. Projects developed within the RRC district should be done so as compact unified centers. Ideally, projects developed within the RRC district should occupy an area adjacent to or having good access to interstate highways, which is delineated within a regional activity center as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

a.

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.

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.

[Reserved.]

e.

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.

f.

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.

g.

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.

h.

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

i.

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.

j.

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.

k.

Regional shopping center means a group of commercial enterprises offering a range of commercial goods and services in an aggregate of 500,000 square feet or more of net floor area which:

1.

Are designed as a single commercial group, whether or not located on the same lot;

2.

Are under one common ownership or management, or have one common arrangement for the maintenance of the grounds;

3.

Are connected by party walls, partitions, covered canopies or other structural members to form one continuous structure;

4.

Share a common parking area; and

5.

Otherwise present the appearance of one continuous commercial area.

(3)

Permitted uses. Permitted uses are as follows:

Ambulance services, if accessory to hospitals or funeral homes.

Amphitheaters.

Animal hospitals.

Arcades.

Assembly halls.

Athletic and health clubs.

Automotive, truck and trailer lease and rental facilities.

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.

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.

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.

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.

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.

Multifamily dwelling units.

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).

Pain clinic and pain management clinic:

1.

No onsite dispensing of any prescription medications or controlled substances.

2.

One parking space per 200 gross square feet of building.

3.

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

4.

Signage and lighting plan to be approved by the board of commissioners.

5.

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

6.

The maximum length of approval for this use is 12 months.

7.

No interior doors allowed from clinic to other adjacent businesses.

Parking for vehicles.

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.

Professional offices.

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

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 facilities.

Roominghouses and boardinghouses.

Self-service fuel sales.

Self-service laundry establishments.

Shelters (homeless).

Single-family dwelling units (attached).

Single-family dwelling units (detached).

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.

Wholesale trade and distribution facilities.

Wholesale trade offices in conjunction with office showrooms.

Zoos.

(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: 200 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 RRC DISTRICT

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

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 RRC district which abuts a residentially zoned property shall have a 50-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 RRC 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 an RRC district is located adjacent to a residential district; a minimum 50-foot buffer is required.

1.

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

i.

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

ii.

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

iii.

Unless public safety concerns dictate otherwise, a buffer should 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 50-foot buffer should be an undisturbed buffer.

ix.

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

2.

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

i.

Berms shall be utilized when consistent with surrounding property features.

ii.

Berms shall be stabilized.

iii.

Berms shall be constructed to be consistent with natural or proposed drainage patterns.

iv.

Berms shall be regularly maintained by the property owner.

(6)

Floodplain and wetlands preservation requirements. Any development must 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 to be determined by the board of commissioners on a case by case basis considering adjacent land uses, building type and zoning districts.

(8)

Parking requirements. See section 134-272 for paved parking specifications. Shared parking arrangements are permitted and encouraged in the RRC district.

(9)

Lighting requirements. Any project permitted within the RRC 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 RRC 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 RRC 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.

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.

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

c.

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.

d.

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.

(12)

Use limitations.

a.

Any commercial office or mixed use development which exceeds 500,000 net square feet, any proposed hotel development which has in excess of 1,000 rooms or private hospital which has in excess of 600 beds, or any other development which exceeds 500,000 net square feet must provide the following prior to rezoning, or, if rezoned already, prior to commencing development:

1.

A major development area plan proposal;

2.

A traffic impact study prepared by a registered engineer;

3.

A hydrology study; and

4.

A water and sewer study.

5.

Items 1—4 may be satisfied as part of a development of regional impact review.

b.

Maximum floor area ratio is 1.00.

c.

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

d.

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.

e.

Interparcel access shall be required. No curb cut, except on a service drive, shall be located closer than 20 feet to a side or rear lot line, unless a common curb cut serves adjacent uses, and in no instance shall the distance between separate curb cuts serving adjacent land uses be less than 40 feet.

f.

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

g.

No adult entertainment uses are permitted.

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.

l.

Due to the unique and urban nature of regional activity centers, residential dwelling unit mixes and densities shall be approved on a case by case basis.

Required buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Additionally, necessary private utilities and access drives may be allowed through, over or across a landscaped buffer. Any such uses which are proposed through, over or across a designated, undisturbed buffer must be approved pursuant to an original site plan or site plan modification as set forth under section 134-126.

(13)

Accessory buildings, structures, uses and decks. Any accessory building or structure in excess of 1,000 square feet of gross space shall be located to the rear of the primary structure and at least 40 feet from any residential property line. Any accessory building or structure which exceeds 1,000 square feet of gross space must have the approval of the division manager of zoning or his designee as to the location, architectural design and size prior to commencing construction. The 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.

a.

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

1.

Maximum height is two stories or 35 feet.

2.

Accessory uses shall include garbage dumpsters, designated recycling collection locations, clubhouses 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 the 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 clubhouses 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 12-26-72; Ord. of 12-11-90, § 3-28-7.35; 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 2-26-08; Amd. of 2-24-09; Amd. of 3-24-09; Ord. of 7-27-10; Ord. of 8-10-10; Amd. of 2-22-11; Amd. of 2-26-13; Amd. of 2-25-14; Amd. of 2-24-15; Amd. of 2-23-16)