§ 134-231. HI heavy industrial district.  


Latest version.
  • The regulations for the HI heavy industrial district are as follows:

    (1)

    Purpose and intent. The HI district is established to provide locations for heavy industrial uses such as intensive automobile repair and service, heavy manufacturing, chemical manufacturing and storage, petroleum or petrochemical storage, and warehousing and storage, which are on properties delineated within an industrial category as defined and shown on the Cobb County Comprehensive Land Use Plan: A Policy Guide, adopted November 27, 1990. When located on the perimeter of an industrial node, the HI district should provide for uses that are lower in intensity and scale such as to ensure compatibility with surrounding properties.

    (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.

    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.

    b.

    Ancillary retail sales means retail sale of goods and services which is secondary in nature to the primary industrial use of the property in so much that the goods for sale have been produced on-site or are in storage at the site for planned distribution to other areas. The ancillary retail sale of goods shall only be conducted as part of the permitted industrial use and shall not be a freestanding business.

    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.

    Automotive salvage and wrecking yard means an establishment used for the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

    e.

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

    f.

    Biomedical waste disposal facility means a facility engineered and designed for the collection or transfer of biomedical waste products such as used gauze, syringes, needles, bandages, test tubes and surgical wastes from a collector vehicle to a larger transport vehicle to another destination for incineration.

    g.

    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.

    h.

    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.

    i.

    Designated recycling collection locations means metal or heavy duty plastic containers designed for short term holding of pre-bagged recyclable items such as tin, aluminum, glass and paper (no perishable or food items allowed) for scheduled minimum monthly pickup, with no on-premises sorting. The center must be maintained in a safe, clean, neat and sanitary fashion and shall not encompass an area larger than 280 square feet.

    1.

    Such location shall be visually screened and maintained.

    2.

    Such location shall be within the building setbacks unless otherwise approved by the division manager of zoning or his designee due to topography, safety, internal traffic flow, site distance or other site-related circumstances not created by the property owner.

    j.

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

    k.

    Heavy manufacturing establishment means manufacturing establishments, other than those classified as light manufacturing, including those involving the conversion of raw materials into usable finished products, provided that manufacturing that will generate liquid waste from the manufacturing process or air pollutants shall comply with antipollution standards established by the state and county. This use shall also allow incidental on-site sale of manufactured materials only.

    l.

    Landfill (private) means a disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover material over all exposed waste at the end of the operating day.

    m.

    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.

    n.

    Light manufacturing establishment means an establishment for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing or repair of materials, goods or products; however, the manufacturing and production of any product which emits noxious noise, odor or fumes, bulk storage of flammable materials for resale, and other heavy manufacturing uses listed in this section shall not be permitted. This use shall also allow incidental on-site sale of manufactured materials only.

    o.

    Mining means a process involving the removal or extraction of dirt, sand, soil, rock, gravel, minerals, petroleum, natural gas or other natural resources.

    p.

    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.

    q.

    Recycling center means a center or location designed for sorting or collection of recyclables from designated recycling collection locations and other private entity sources.

    (3)

    Permitted uses. Permitted uses are as follows:

    Ambulance services.

    Ambulance services, if accessory to hospitals or funeral homes.

    Animal hospitals.

    Assembly halls.

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

    Automotive and truck sales and service facilities.

    Automotive paint and body repair shops. Such uses shall not be established upon a lot which is either adjacent to or directly across the street from any residential district.

    Automotive parking lots or garages.

    Automotive repair and maintenance facilities.

    Automotive upholstery shops.

    Aviation airports (private).

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

    Boat sales and service.

    Breeding and boarding kennels.

    Building materials stores.

    Bus stations.

    Bus stations for freight.

    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 produce and agricultural product stands.

    Community fairs.

    Contractors (general, heavy or special).

    Corporate or administrative offices.

    Dairies.

    Designated recycling collection locations.

    Dry cleaning plants.

    Electrical supply stores.

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

    Executive golf courses (see section 134-270).

    Exterminators.

    Farm equipment stores and repair establishments.

    Farm and garden supply stores.

    Film and movie studios.

    Freight terminals.

    Fuel and ice dealers.

    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.

    Heavy automotive repair establishments.

    Heavy repair service and trade shops.

    Helicopter landing areas.

    In-home day care.

    Laundry and dry cleaning pickup establishments.

    Light automotive repair establishments.

    Light manufacturing establishments.

    Linen and diaper services.

    Livestock, nondomestic and wild animals, and poultry.

    Machine shops.

    Medical and dental laboratories (with no limitations other than state and federal regulations).

    Newspaper publishing facilities.

    Nonautomotive repair service establishments.

    Office service and supply establishments.

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

    Parking for vehicles.

    Plumbing or heating equipment dealers.

    Printing, publishing and lithography establishments.

    Private parks.

    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.

    Rail stations.

    Railroad car classification yards.

    Railroad stations for freight.

    Recreation grounds other than tennis courts and golf courses.

    Research and development centers.

    Research testing laboratories.

    Reupholstery and furniture repair establishments.

    Sawmills (temporary).

    Self-service storage facilities (subject to 134-279).

    Shelters (homeless).

    Signs and outdoor advertising facilities.

    Sports training facilities.

    Taxistands and taxi dispatching agencies.

    Temporary uses.

    Tire retreading and recapping facilities.

    Trailer salesrooms and sales lots.

    Transportation equipment storage and maintenance facilities.

    Truck terminals.

    Utility facilities (private).

    Vocational schools (commercial).

    Warehouse and storage facilities.

    Wholesale sales offices.

    Wholesale trade and distribution facilities, including packing of wholesale commodities for distribution, subject to the following:

    1.

    Unless in a district in which manufacturing is permitted, no fabricating of goods to be sold shall be permitted.

    2.

    Unless in a district in which heavy manufacturing is permitted, no wholesaling activity shall be permitted which processes the goods handled in a manner that produces liquid or solid waste or noise, odor, fumes or dust which can be detected beyond the walls of the building in which such wholesaling activity is housed.

    Wholesale trade offices in conjunction with office showrooms.

    (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: 150 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 HI DISTRICT

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

    134-231.png

    HI 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 HI district which abuts a residentially zoned property shall have a 50-foot landscaped screening buffer adjacent to all residentially zoned property, which will be subject to county staff's approval.* 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 landscape buffer. Any such uses which are proposed through, over or across a designated undisturbed buffer must be approved pursuant to an original site plan or site plan modification as set forth under section 134-126.

    a.

    Objectives. Undisturbed, planted landscape buffers and berms shall be implemented in connection with a permitted project and shall address the following objectives:

    1.

    Screening to enhance aesthetic appeal;

    2.

    Control or direction of vehicular and pedestrian movement;

    3.

    Reduction of glare;

    4.

    Buffering of noise; and

    5.

    Establishment of privacy.

    b.

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

    1.

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

    2.

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

    3.

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

    4.

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

    5.

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

    6.

    Trees included in buffer plantings may be counted toward site density calculations as required by chapter 50, article VI, pertaining to tree preservation and replacement, subject to review and approval of county staff.

    7.

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

    8.

    When topography and existing conditions allow, the required 50-foot buffer should be an undisturbed buffer.

    9.

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

    c.

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

    1.

    Berms shall be utilized when consistent with surrounding property features.

    2.

    Berms shall be stabilized.

    3.

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

    4.

    Berms shall be regularly maintained by the property owner.

    Note— The board of commissioners specifically notes that it discourages locating HI districts and developments adjacent to single-family residential districts, unless in a planned mixed use project.

    (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 HI 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.

    Cemeteries.

    b.

    Churches, chapels, temples, synagogues and other places of worship, including accessory cemeteries and schools.

    c.

    Crematories (see subsection (11) of this section, pertaining to special exception uses for industrial areas only).

    d.

    Mausoleums.

    e.

    Other facilities for disposal of the deceased.

    f.

    Outdoor commercial racing of motorcycles, automobiles, trucks, tractors and motorized vehicles, subject to the following minimum requirements:

    1.

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

    2.

    All necessary state and federal permits, if any, shall be obtained.

    3.

    A traffic impact study must be submitted with the application.

    4.

    No damaged vehicles shall be stored on site for more than seven days.

    5.

    A noise abatement plan and air pollution abatement plan shall be approved by county staff.

    6.

    Hours of operation shall be limited as per the county noise ordinance.

    g.

    Private community centers.

    h.

    Private schools of general and special education.

    (11)

    Special exception uses for industrial areas only. The following uses, with the proper scrutiny and conditions, may be considered as special exception uses within the HI district, only if they are within properties delineated as industrial as defined and shown on the Cobb County Comprehensive Plan: A Policy Guide, adopted November 27, 1990. Any special exception use for industrial areas only shall adhere to the landscape buffer and screening requirements in subsection (5) of this section and the lighting requirements in subsection (9) of this section.

    a.

    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.

    b.

    Asphalt plants or concrete plants, subject to the following minimum standards:

    1.

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

    2.

    Compliance with all applicable state and federal laws is required.

    3.

    All necessary state and federal permits shall be obtained.

    4.

    A spill containment plan shall be approved by county staff.

    5.

    Minimum acreage is five acres.

    6.

    No use shall be located closer than 1,000 feet to any residential dwelling or school.

    7.

    Hours of operation shall be limited to daylight hours.

    8.

    Noise abatement and air pollution abatement plans shall be approved by county staff.

    c.

    Automobile salvage and wrecking yards, subject to the following minimum requirements:

    1.

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

    2.

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

    3.

    No such activity may be conducted within 100 feet of any property line or 200 feet of any property zoned or used for residential purposes.

    4.

    The incidental sale of auto parts removed from cars on the site shall be permitted.

    d.

    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.

    e.

    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.

    f.

    Biomedical waste disposal facilities or hazardous waste sites, subject to the following minimum requirements:

    1.

    A spill containment plan shall be approved by county staff.

    2.

    Such use shall not be located closer than 1,000 feet to any residential dwelling or school.

    3.

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

    4.

    Such use shall be carried on within an enclosed building, with no outside storage of any materials or biomedical waste except for vehicles used for the operation.

    5.

    All necessary state and federal permits shall be obtained.

    6.

    Compliance with all applicable state and federal laws is required.

    7.

    Minimum acreage is five acres.

    8.

    The facility must be designed with an impervious liner.

    9.

    The facility must have an on-site water purification system which returns water to a potable condition.

    g.

    Coliseums, stadiums. and convention centers (privately owned), subject to 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 time of the special land use permit public hearing.

    h.

    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).

    i.

    Drive-in theaters, subject to 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.

    j.

    Heavy manufacturing establishments, subject to the following minimum requirements:

    1.

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

    2.

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

    3.

    Such use shall be carried on entirely within an enclosed building, with no outside storage except for vehicles used for the operation.

    4.

    All necessary state and federal permits shall be obtained.

    5.

    Compliance with all applicable state and federal laws is required.

    k.

    Mining, subject to the following minimum requirements:

    1.

    Removal or extraction of dirt, sand and soil is subject to the following:

    i.

    The removal area shall be completely enclosed with a fence not less than six feet in height when considered necessary by the community development department.

    ii.

    Drainage plans and a plan for the development of the site when the removal is completed shall be submitted with the application for a development permit.

    iii.

    Such uses shall not be established within 500 feet of a residential use or 200 feet of any other use.

    iv.

    This subsection shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes.

    2.

    Removal or extraction of rock and gravel is subject to the following:

    i.

    The removal area shall be sealed by fencing or grading or some other device from general public access. All entrances shall be fenced and locked during nonbusiness hours.

    ii.

    Drainage plans and a plan for the development of the site when the removal is completed shall be submitted with the application for a development permit.

    iii.

    The operational and removal area of such uses shall not be established within 4,000 feet of a residential use or 2,000 feet of any other use.

    3.

    No mining shall be allowed except after advertisement of a public hearing by the board of appeals for the purpose of determining whether or not any adverse effect would result to surrounding property owners and whether or not a nuisance, as defined by state law, would be created.

    l.

    Petroleum or bulk storage facilities or chemical plants or storage facilities, subject to the following minimum standards:

    1.

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

    2.

    Compliance with all applicable state and federal laws is required.

    3.

    All necessary state and federal permits shall be obtained.

    4.

    A spill containment plan shall be approved by county staff.

    5.

    Minimum acreage is five acres.

    6.

    No use shall be located closer than 1,000 feet to any residential dwelling or school.

    7.

    Hours of operation shall be limited to daylight hours.

    8.

    Noise abatement and air pollution abatement plans shall be approved by county staff.

    9.

    A fire prevention, evacuation and safety plan shall be approved by the fire marshal.

    m.

    Private landfills, composting centers or recycling centers, subject to the following minimum requirements:

    1.

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

    2.

    All necessary state and federal permits shall be obtained.

    3.

    Compliance with all applicable state and federal laws is required.

    4.

    Such facilities shall only be allowed in a heavy industrial zoning district, provided that the board of commissioners may grant a variance for filling of a specific natural land depression provided such fill shall not include garbage or other materials subject to decomposition.

    5.

    Such facilities shall be approved by the board of commissioners after public hearing. Both a development permit from the community development department and written approval of the health department shall be issued before any landfill operation begins.

    6.

    Such facilities shall be allowed only in areas incapable of development without landfill operations as determined by community development department.

    7.

    No hazardous wastes as defined by state and federal law shall be disposed or discharged into the landfill site.

    8.

    No garbage shall be disposed of within 2,000 yards of the public highway, a residence, or any gathering place unless approved by the board of commissioners.

    9.

    Truck traffic routes and entrances to the facility shall be approved by the traffic engineer.

    10.

    The sanitary landfill site must be accessible without travel over residential streets.

    11.

    All sanitary landfills shall have and keep on their premises in good working order a crawler-type tractor equipped with either a straight blade bulldozer, an angle blade bulldozer, a scraper (eight cubic yards or larger), a front end loader, a bull clam, or other attachments of a similar nature. The combined weight of such tractor and accessories as set forth in this subsection shall be not less than 18,000 pounds.

    12.

    All sanitary landfills hereafter established or operated shall be enclosed with a fence at least six feet high with openings therein not more than those in two-inch mesh wire, or some other similar fencing materials or device. Such fencing shall be adequate to prevent paper and similar or related refuse from blowing from the landfill onto neighboring property.

    13.

    All sanitary landfills shall have an operator in attendance at all times when the fill is in use, and such fill must be barricaded when closed to the public.

    14.

    Any changes in the normal drainage of the property upon which the sanitary fill is located shall be accommodated by storm sewers as necessary to properly care for drainage. Such storm sewers shall be installed at the expense of the user.

    15.

    All operators of sanitary landfills must pack and cover daily all materials placed thereon with at least six inches of earth in such a manner as to prevent fires and meet any and all other requirements of the fire code. All completed landfills must be covered with at least two feet of earth. Burning of any kind of refuse on the landfill is prohibited.

    16.

    This section shall not prohibit the dumping for disposal by burial of dry waste building materials concurrently with and on the same property as a structure under construction. Such waste shall be covered with at least two feet of earth before occupancy of the structure, but no such waste may be buried within 20 feet of any structure, drainage easement or drainfield.

    (12)

    Use limitations.

    a.

    Maximum floor area ratio is 0.5 for office uses and 0.75 for industrial uses.

    b.

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

    c.

    No uses that exceed state and federal guidelines for allowable emissions and discharge of effluents into the air, water and soil are permitted.

    d.

    No uses that create unabated noise creating a nuisance as defined under state law are permitted.

    e.

    If potentially hazardous materials or chemicals are used on the premises or pollutants result from the operation under this section, a spill containment plan shall be approved by county staff.

    f.

    Maximum impervious surfaces (80%-RAC, 70%-CAC and NAC) shall be established within activity centers as identified by the Cobb County Comprehensive Plan, as may be amended from time to time.

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

    (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 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.

    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.

    d.

    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 12-10-74, § 7; Ord. of 12-11-90, § 3-28-7.38; 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 2-9-99; Ord. of 11-23-99; Ord. of 7-10-01; Ord. of 7-27-04; Ord. of 2-28-12; Amd. of 2-23-16)