§ 134-267. General development standards.

(a)

Prerequisites for moving building. No dwelling unit or other permanent structure shall be moved within or into the county unless, when relocated, it meets all requirements of this chapter and requirements of this Code and is approved by the board of commissioners. See also section 134-276.

(b)

Height of fences and walls. No fence or freestanding wall (both herein referred to as fence) other than a retaining wall shall be more than eight feet in height, or be constructed in a public road right-of-way. If a fence is adjacent to a public road right-of-way, or is in front of or to the side of the house in a residential district, or is in front of or to the side of the building in a nonresidential district, such fence shall not exceed six feet in height and shall further meet the requirements set forth in section 134-263. The required height limitation (which includes posts and ornaments on top of fence) must be met on both sides of fence, and measured from the existing grade upon which it is erected. No more than six inches of backfill shall be allowed on the existing grade against the fence. This six inches of backfill shall be included when determining the height of the fence. Fences shall be maintained in a structurally sound condition. When retaining walls are constructed on residential lots, excluding subdivisions or other residential developments that are under active construction and have not yet been accepted for maintenance by Cobb County, the exposed portion of a retaining wall, as measured from the adjacent property owners side of the wall, cannot exceed six feet in height when constructed within five feet of the property line. The height of a retaining wall can increase an additional five feet in height, as measured from the adjacent property owners side of the exposed wall, per each additional five feet that the retaining wall is off of the property line, provided that a landscape buffer is provided and approved by county staff. Interpolation of the five feet increments from the property line is not permissible. Tiered retaining walls must be at least five feet apart measuring from the top of the bottom wall to the bottom of the top wall.

(c)

Open space. Open space area required to be established by this chapter shall be permanently maintained as open space and appropriately landscaped with trees, shrubs, flowers, grass, stones, rocks or other landscaping materials. Such areas may not be used for vehicular access, parking or similar uses except as otherwise permitted in this chapter.

(d)

Required fences to be completed prior to occupancy. When this chapter requires a fence to be constructed, such fence shall be completed prior to occupancy of the primary use structure.

(e)

Site plan preparation. Site plans and other development plans required to be submitted under the provisions of this chapter shall be prepared only by those currently registered for such work in accordance with applicable state law. No plans for structures shall be prepared by other than a currently state-registered engineer.

(f)

Compliance with other regulations. Any development sought to be constructed or built under the existing zoning requirements shall meet or exceed all applicable development codes and regulations of the county, the state and federal law, as amended from time to time, including but not limited to chapter 110, pertaining to subdivisions, the soil erosion and sedimentation ordinance of the county, and article VI of this chapter, pertaining to signs.

(g)

Footings survey.

(1)

On any development, prior to obtaining a building permit, the developer or builder must file a copy of a current plat and survey of the property signed by a registered land surveyor providing such information as shall be required from the community development department.

(2)

Prior to commencing pouring of footings, it shall be the responsibility of the builder or developer to accurately and clearly flag all pin corner boundaries prior to the conduct of any footings inspection. Should the developer or builder desire to place the footing within five feet of the applicable building setback line, then the builder or developer shall provide a footings (foundation) survey signed by a registered land surveyor showing the footing location and the outer perimeter of the proposed structure. The failure to provide such a footing survey shall be a primary consideration in whether or not the board of zoning appeals may dispose of a variance application.

(h)

Compliance with Americans with Disabilities Act. Assurances of compliance with the Americans with Disabilities Act (ADA), including the ADA as it may be amended from time to time, will be given to the county by all development applicants.

(i)

Compliance with building height restrictions affecting the county's 800 mhz emergency services radio system. Any project proposed for property within the lines of communication between the six tower sites transmitting signals for the county's 800 mhz emergency radio system must be designed so as to not interfere with the transmission of such radio system. Applications for any projects that fall within the lines of communication between the 6 tower sites shall be reviewed by the director of public safety, or his/her designee to verify that the proposal does not and will not interfere with the transmission. Any project greater than 80 feet in height that is located in Land Lots 334 and 1159 of the 16th District, Land Lot 978 of the 17th District, Land Lots 384 and 588 of the 18th District and Land Lots 248 and 338 of the 20th District, 2nd Section, Cobb County, Georgia, must demonstrate that the building will not affect any of the lines of communication between the six tower sites.

(j)

Outdoor displays of merchandise. Where outdoor displays of merchandise are permitted as part of a retail or service establishment (as distinguished from a sales, contractor or supply operation dealing in material or merchandise that is intended for storage or display outdoors) in any nonresidential zoning district, the following minimum requirements shall apply:

(1)

Effective July 1, 2014, all existing and new outdoor merchandise display permits shall be limited to an area equal to two square feet per every linear foot of building/tenant frontage. The maximum area for any singular outdoor merchandise display area shall be 1,000 square feet or half the linear frontage of the building multiplied by two, whichever is smaller.

(2)

The location of the outdoor display of merchandise must be shown on a plan approved by the zoning division manager or his/her designee and a copy of the approved plan must be kept on site and available for review if requested by county staff. The approved outdoor merchandise display is only permitted during the hours of operation of the business and all items must be stored inside during the hours/days the business is closed.

(3)

The area displaying the merchandise must be screened from any contiguous residentially zoned property.

(4)

The area displaying the merchandise may not be located within any required buffers.

(5)

The area displaying may be within designated parking spaces, if the spaces are above and beyond the minimum required.

(6)

The area displaying merchandise shall not impede vehicular traffic within the site, nor shall it prohibit or disrupt traffic entering or exiting the site from or to public rights-of-way, nor shall it impede adequate site distance to vehicles entering or exiting the site to or from public rights-of-way.

(7)

The area displaying the merchandise shall not impede pedestrian traffic within the site, particularly any sidewalks or pedestrian areas designed in accordance with the Americans with Disabilities Act (ADA).

(8)

These requirements shall apply to peddlers as defined and regulated in sections 78-81 and 78-83 of the Cobb County Code.

(k)

Limitation on utility meters in certain residential zoning districts. Single-family residential zoning districts shall be limited to a maximum one gas meter and one electrical meter per lot. This requirement shall apply to the R-80, RR, R-40, R-30, R-20, R-15, OSC, CS, R-12, RA-4, RA-5, RA-6, and PRD zoning districts. Additionally, this requirement shall apply to the SC, RSL, RM-8, RM-12, and RM-16 zoning districts when developed for single-family detached uses. Application may be made to the board of zoning appeals for a variance to allow more than one electrical or gas meter per lot. This section shall not apply to additional electrical meters strictly used to operate entrance gates, security lights, electric car charging systems or water irrigation systems.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-16.1; Ord. of 9-12-00; Ord. of 7-25-06; Ord. of 2-27-07; Ord. of 7-24-07; Amd. of 2-24-09; Ord. of 7-27-10; Ord. of 2-28-12; Ord. of 7-23-13; Amd. of 2-25-14; Amd. of 2-24-15)