§ 134-271. Special exceptions.  


Latest version.
  • The following uses are permitted as special exception uses in all districts, provided the conditions listed are met. The division manager of zoning or his or her designee shall issue a certificate of special exception to an applicant when the conditions relating to the special exception have been met.

    (1)

    Any other facility for the disposal of the dead, provided all requirements for a cemetery have been satisfied.

    (2)

    Bed and breakfast homestay or house, defined as a private owner-occupied residence with a maximum of five guestrooms rented for a daily fee, which use is subordinate and incidental to the primary residence.

    a.

    Acreage must meet the minimum requirements of the specific district.

    b.

    Such use must be located within a historical structure at least 50 years old which is included on the local county register.

    c.

    No parking area for guests shall be located closer than 25 feet to any residential property line. The location shall be approved by county staff.

    d.

    No freestanding signs are permitted. All signage must be attached to the structure used for the bed and breakfast house or homestay and not exceed six square feet and be indirectly illuminated.

    e.

    Food service shall be limited to breakfast only and be served to guests taking lodging in the facility.

    f.

    No food preparation or cooking for guests shall be conducted within any bedroom made available for rent.

    g.

    Individual rooms that are rented shall not contain cooking facilities.

    h.

    No catering, parties, weddings or special events shall be permitted.

    i.

    The exterior appearance of the structure shall not be altered from its single-family character, and, if changes are made, the changes must be approved by county staff.

    j.

    Any interior modifications shall not be injurious to the historic character of the structure.

    k.

    The architectural integrity of the existing interior spaces must be maintained.

    l.

    All bed and breakfast houses or homestays must meet all applicable health and safety codes.

    m.

    The owner of the structure or property must reside at the facility.

    n.

    One employee shall be allowed to assist the owner.

    o.

    Maximum length of stay shall not exceed 14 days.

    p.

    Approval by the board of commissioners after a public hearing.

    (3)

    Cemeteries, existing as of March 28, 2017, for human or animal interment, with the following minimum requirements:

    a.

    Minimum lot size is ten acres.

    b.

    Minimum public road frontage is 100 feet.

    c.

    When abutting any residential property line, a 50-foot natural or landscaped buffer shall be approved by county staff (see landscaping standards).

    d.

    Permanent public ingress and egress shall be provided.

    e.

    Compliance with all state requirements is required.

    f.

    An overall parking and landscaping plan shall be approved by county staff.

    g.

    A special land use permit shall be required for existing cemeteries if they expand more than 20 acres, or expand more than 50 percent of the cemetery is less than 20 acres.

    (4)

    Churches, chapels, temples, synagogues and other such places of worship when located within the R-80, RR, R-40, R-30, R-20, R-15, OSC, R-12, RD, RA-4, PRD, RA-5, SC, RA-6, RSL, RM-8, FST, RM-12, RM-16, MHP/S, MHP, and RMR districts with the following minimum requirements:

    a.

    Minimum lot size is five usable acres, excluding flood plain.

    b.

    Primary access to the facility shall be from an arterial or major collector roadway.

    c.

    Structures associated with the use shall be located a minimum of 50 feet from any property line.

    d.

    Structures associated with the use shall be limited to 55 feet in height.

    e.

    When abutting any residential property line, a 35-foot landscaped screening buffer shall be approved by county staff (see landscaping standards). Additionally, in any zoning district for this specific use, the maximum impervious surface for properties with religious facilities shall be 70 percent.

    f.

    An overall parking and landscape plan for the entire site shall be approved by county staff.

    g.

    One paved parking space shall be provided per four seats in the principal place of worship; provided that the number of spaces thus required may be reduced by not more than 50 percent if the place of worship is located within 500 feet of any public parking lot or any commercial parking lot where sufficient spaces are available by permission of the owner without charge, during the time of services, to make up the additional spaces required.

    h.

    A lighting plan shall be approved by the division manager of zoning or his designee in accordance with section 134-269.

    i.

    A church may have an accessory cemetery with the following minimum requirements:

    1.

    Minimum lot size is two usable acres for a cemetery in addition to the five-acre requirement for a church.

    2.

    When abutting any residential property line, a 50-foot natural or landscaped buffer shall be approved by county staff (see landscape standards).

    3.

    Ingress and egress shall be provided.

    4.

    Compliance with all state requirements is required.

    j.

    A church may have an accessory school with the following minimum requirements:

    1.

    Minimum lot size is three usable acres for a school in addition to the five-acre requirement for a church.

    2.

    Minimum public road frontage is 100 feet.

    3.

    An overall parking and landscape plan for the entire site shall be approved by county staff.

    4.

    One paved parking space shall be provided per every one full-time employee of the accessory school in addition to required parking for the principal church use.

    k.

    Where department of community affairs (DCA) buildings are utilized, the following requirements shall apply:

    1.

    The roof shall have a minimum four in twelve pitch;

    2.

    The building shall be permanently affixed and totally underpinned;

    3.

    An overall parking and landscape plan for entire site to be approved by county staff; and

    4.

    Parking required under section (4)g. of this chapter.

    l.

    A church may have an accessory day care facility (commonly known as pre-K, day care school, child development center, "mother's morning out", and the like) program for the members of the church and up to 25 percent non-church members of the total number of children in the day care program. Any signage for this use shall be incorporated into the main church signage, which cumulatively shall meet the sign requirements of this chapter. The church may be required to submit a traffic circulation and parking plan to the Cobb County Department of Transportation for review and approval if there is a potential the day care facility could negatively affect adjacent roadways. The church day care shall adhere to all State of Georgia requirements relating to the operation of the day care facility. The day care facility shall be located on the same lot as the main church building or facility, and stand alone facilities are not permitted. Any proposed accessory church day care facility that exceeds the 25 percent non-church member clause of this section may file a petition with the board of commissioners for consideration of a temporary land use permit.

    (5)

    Mausoleums when used in conjunction with a cemetery, provided that all requirements for the cemetery have been satisfied.

    (6)

    Private schools of general and special education with the following minimum requirements:

    a.

    Minimum lot size is five acres.

    b.

    Minimum public road frontage is 100 feet.

    c.

    An overall parking and landscape plan for the entire site shall be approved by county staff.

    d.

    One paved parking space shall be provided for every person lawfully permitted within the assembly areas at one time, plus one per employee. In the absence of designated assembly areas, one paved space shall be provided per 300 square feet of gross floor area.

    (7)

    Any use proposed for a parcel or tract of land which does not have the required minimum public road frontage or does not have the minimum lot size required by this chapter, with the following requirements:

    a.

    Approval by the board of commissioners as an other business item. The board of zoning appeals shall not consider reductions in minimum public road frontage or reductions in minimum lot size as required by this chapter.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-16.5; Ord. of 8-13-91; Ord. of 5-26-92; Ord. of 6-9-92; Ord. of 8-8-95; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 9-12-00; Ord. of 7-8-03; Ord. of 7-27-04; Ord. of 2-28-12; Amd. of 2-25-14; Amd. of 2-24-15; Amd. of 7-28-15; Amd. of 3-28-17; Amd. of 2-27-18)